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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   MCC Illinois LLC ) File No.: EB-FIELDNER-14-00014016

   Owner of Antenna Structure No. 1060425 )

   Effingham, Illinois ) NOV No.: V201432320006

                              NOTICE OF VIOLATION

                                                        Released: May 6, 2014

   By the District Director, Chicago 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 MCC Illinois LLC (MCC)
       registrant of antenna structure number 1060425 in Effingham, Illinois.
       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 12, 2014, an agent of the Enforcement Bureau's Chicago
       Office inspected antenna structure number 1060425 located at 0.5 mile
       east of the city limits on state route 40, Effingham, Illinois, and
       observed the following violations:

   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 indicates that the
   antenna structure number 1060425 requires aviation orange and white paint
   and red obstruction lighting in accordance with FCC Paragraphs 1,3,4,13
   and 21. The antenna structure does not conform to these recommendations,
   but is equipped with a high intensity flashing white obstruction lighting
   system, and therefore is in violation of 47 C.F.R. S 17.23. In order to
   come into compliance with the Commission's rules, MCC must: (1) obtain a
   new FAA "no hazard" determination indicating that the current lighting
   system is permitted and then submit a modified antenna structure
   registration to reflect the new "no hazard" determination, (2) submit a
   modified registration if a new FAA "no hazard" determination already has
   been obtained or (3) come into compliance with the current ASR by removing
   the white obstruction lighting and painting the tower.

    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, MCC 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 MCC to support
       its response to this Notice with an affidavit or declaration under
       penalty of perjury, signed and dated by an authorized official of MCC
       with personal knowledge of the representations provided in MCC'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 MCC'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

   Chicago Office

   1550 North Northwest Hwy., Suite 306

   Park Ridge, Illinois 60068

    6. This Notice shall be sent to MCC Illinois 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

   James M. Roop

   District Director

   Chicago District 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

   2

                       Federal Communications Commission