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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
Bureau:
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
violations:
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
unlit.^
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
record.
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.
FEDERAL COMMUNICATIONS COMMISSION
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
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Federal Communications Commission