Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
M&M Tower Management Corporation ) File No. EB-FIELDNER-14-00011287
Owner of Antenna Structure No. 1066153 )
Marlboro, New Jersey ) NOV No. V201432380001
)
NOTICE OF VIOLATION
Released: October 21, 2013
By the District Director, New York Office, Northeast Region, Enforcement Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to M&M Tower Management Corporation (M&M), owner of antenna structure number 1066153 located in Marlboro, New Jersey. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violations noted herein.
* On September 17, 2013, agents of the Enforcement Bureau's New York Office inspected antenna structure number 1066153 located at Route 34 and Reside Hill Road, Marlboro, New Jersey (Latitude 40[o] 22' 55" N, Longitude 074[o] 12' 38" W) and observed the following violation:
47 C.F.R. ยง 17.4 (g): "The Antenna Structure Registration Number must be displayed in a conspicuous place so that it is readily visible near the base of the antenna structure." At the time of inspection, no Antenna Structure Registration Number was readily visible near the base of antenna structure 1066153.
* Pursuant to Section 403 of the Communications Act of 1934, as amended, and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, M&M must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any pending corrective action(s). The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices.
* In accordance with Section 1.16 of the Rules, we direct M&M to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of M&M with personal knowledge of the representations provided in M&M's response, verifying the truth and accuracy of the information therein, and confirming that all of the information requested by this Notice which is in the company's possession, custody, control, or knowledge has been produced. To knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.
* All replies and documentation sent in response to this Notice should be marked with the File No. and NOV No. specified above, and mailed to the following address:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
* This Notice shall be sent to M&M Tower Management Corporation at its address of record.
* The Privacy Act of 1974 requires that we advise you that the Commission will use all relevant material information before it, including any information disclosed in your reply, to determine what, if any, enforcement action is required to ensure compliance.
FEDERAL COMMUNICATIONS COMMISSION
Stephen Maguire
District Director
New York Office
Northeast Region
Enforcement Bureau