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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   County of Salem ) File No.: EB-FIELDNER-14-00015142 )

   Owner of Antenna Structure No. 1042175 ) NOV No.: V201432400024

   )

   Pittsgrove, New Jersey )

                              NOTICE OF VIOLATION

   Released: May 14, 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 the County of Salem (Salem
       County), owner of antenna structure number 1042175 in Pittsgrove, New
       Jersey. 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 violations noted herein.^

    2. On April 10, 2014, an agent of the Enforcement Bureau's Philadelphia
       Office inspected antenna structure number 1042175 located at 989 Elmer
       Centerton Road, Pittsgrove, New Jersey 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 the inspection, the
        antenna structure registration number was not displayed.

     b. 47 C.F.R. S 17.23: "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 FAA recommended that
        antenna structure 1042175 be lit in accordance with Chapter 4, 8, and
        13 of FAA Circular 70/7460-1J which specifies a dual lighting system.
        However, at the time of the inspection, the agent observed that there
        was no red obstruction lighting installed on the antenna structure
        but only a top-level white strobe.

     c. 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 (FCC
        Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
        immediately notify the Commission using FCC Form 854 upon any change
        in structure height or change in ownership information." At the time
        of the inspection, the Antenna Structure Registration specified a
        telephone number for Salem County that was no longer valid.

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

   2

                       Federal Communications Commission