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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   R & R Enterprizes, Inc. ) File No.: EB-FIELDNER-14-00014075

   Owner of Antenna Structure No. 1230981 )

   ) NOV No.: V201432360011

   Kalamazoo, Michigan )

                              NOTICE OF VIOLATION

   Released: March  6, 2014

   By the District Director, Detroit Office, Northeast Region, Enforcement

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to R & R Enterprizes, Inc., owner
       of antenna structure number 1230981 in Kalamazoo, Michigan. 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 violation noted herein.^

    2. On February 3, 2014, an agent of the Enforcement Bureau's Detroit
       Office inspected antenna structure number 1230981 located at the
       coordinates 42-o 16' 20.6" North Latitude, 085-o 31' 55.2" West
       Longitude, Kalamazoo, Michigan. The agent observed the following

     a. 47 C.F.R. S 17.23: "Unless otherwise specified by the Commission,
        each new or altered antenna structure to be registered on or after
        January 1, 1996, must conform to the FAA's painting and lighting
        recommendations set forth on the structure's FAA determination of `no
        hazard' ...." The FCC's Antenna Structure Registration (ASR) database
        currently specifies that antenna structure number 1230981 requires
        dual lighting--medium intensity for daytime visibility and red
        obstruction lighting for nighttime visibility--in accordance with FAA
        circular number 70/7460-1K, Chapters 4, 8 and 12. The agent observed
        that the antenna structure does not conform to the specifications
        given in the FCC ASR database because the antenna structure is

     b. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
        Antenna Structure Registration Number has been obtained must notify
        the Commission within 24 hours of completion of construction. . . ."
        Although the antenna structure has been constructed,  the FCC never
        was notified of completion of construction. R&R Enterprizes, Inc.
        must submit FCC Form 854 to update the FCC's ASR database.

    3. 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, R & R Enterprizes, Inc. 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.^

    4. In accordance with Section 1.16 of the Rules, we direct R & R
       Enterprizes, Inc. to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of R & R Enterprizes, Inc. with personal
       knowledge of the representations provided in R & R Enterprizes, Inc.'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.^

    5. 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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, MI 48335

    6. This Notice shall be sent to R & R Enterprizes, Inc. at its address of

    7. 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.


   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ On July 24, 2002, the previous antenna structure owner, North and South
   Construction and Design, obtained a Determination of No Hazard from the
   Federal Aviation Administration (FAA) in Aeronautical Study No.
   2002-AGI-2854-OE (FAA No Hazard Determination) specifying that antenna
   structure number 1230981  is not required to be lit. As the current owner,
   R & R Enterprizes Inc. must submit FCC Form 854 along with the FAA No
   Hazard Determination in order to modify the ASR information to indicate
   that the antenna structure no longer requires lighting.

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission