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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Tower Assets Newco II LLC ) File No.: EB-FIELDNER-14-00013669
Owner of Antenna Structure No. 1230914 )
New Cumberland, Pennsylvania ) NOV No.: V201432400015
)
)
)
NOTICE OF VIOLATION
Released: March 10, 2014
By the District Director, Philadelphia 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 Tower Assets Newco II LLC (Tower
Assets), owner of antenna structure number 1230914 in New Cumberland,
Pennsylvania. 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 December 20, 2013, agents of the Enforcement Bureau's Philadelphia
Office inspected antenna structure number 1230914 located at 521
Locust Road, New Cumberland, Pennsylvania, and observed the following
violation:
47 C.F.R. S 17.56(a): "Replacing or repairing of lights, automatic
indicators or automatic control or alarm systems shall be accomplished as
soon as practicable." Tower Assets filed a Notice to Airmen (NOTAM) due to
a tower light outage which occurred in January 2010. Since that date,
Tower Assets has continued to file NOTAM notifications continuously and
has not repaired the tower light outage in a timely manner. To remedy the
violation, Tower Assets must fix the tower light outage immediately.
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, Tower Assets Newco II LLC 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 Tower Assets
Newco II LLC to support its response to this Notice with an affidavit
or declaration under penalty of perjury, signed and dated by an
authorized officer of Tower Assets Newco II LLC with personal
knowledge of the representations provided in Tower Assets Newco II
LLC'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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
6. This Notice shall be sent to Tower Assets Newco II LLC 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
David C. Dombrowski
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau
^ 47 C.F.R. S 1.89.
^ 47 C.F.R. S 1.89(a).
^ 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
3
Federal Communications Commission