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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   T-Mobile Northeast LLC ) File No.: [1]EB-FIELDNER-14-00015106

   )

   Owner of Antenna Structure No. 1251902 ) NOV No.: V201432400022

   )

   Middletown, Pennsylvania )

   )

                              NOTICE OF VIOLATION

   Released:  April 17, 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 T-Mobile Northeast LLC
       (T-Mobile), owner of antenna structure number 1251902 in Middletown,
       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 April 4, 2014, agents of the Enforcement Bureau's Philadelphia
       Office inspected antenna structure number 1251902 located on
       Industrial Drive in Middletown, Pennsylvania and observed the
       following violations:

     a. 47 C.F.R. S 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. Materials used to
        display the Antenna Structure Registration Number must be
        weather-resistant and of sufficient size to be easily seen at the
        base of the antenna structure." At the time of inspection, the ASR
        Number was not posted.

     b. 47 C.F.R. S 17.51(b): "All high intensity and medium intensity
        obstruction lighting shall be exhibited continuously unless otherwise
        specified." At the time of inspection, the medium intensity flashing
        white light was not functioning.^

    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, T-Mobile 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 T-Mobile to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       T-Mobile with personal knowledge of the representations provided in
       T-Mobile'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 regulatee'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  T-Mobile Northeast 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).

   ^ According to the FCC Antenna Structure Registration for antenna
   structure number 1251902, the tower requires a dual lighting system with
   medium intensity obstruction lighting during the daytime and red
   obstruction lighting at nighttime as specified in FAA Circular Number
   70/7460-1K, FAA Chapters 4, 8 and 12.

   ^ 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

References

   Visible links
   1. https://ebats.fcc.gov/ebats/overview%21openCase.action?case_id=EB-FIELDNER-14-00012989&case_type=S