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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
G&G Communications Inc. ) File No.: EB-FIELDNER-14-00015146 )
Owner of Antenna Structure No. 1044775 ) NOV No.: V201432400025
)
Centerton, New Jersey )
)
NOTICE OF VIOLATION
Released: May 29, 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 G&G Communications Inc.
(G&G), owner of antenna structure number 1044775 in Centerton, 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 1044775 located adjacent to
the property at 382 Centerton Road, Centerton, New Jersey, and
observed the following violations:
a. 47 C.F.R. S 17.23: "[E]ach 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 in its
Determination of No Hazard to Air Navigation (FAA Study #
2004-AEA-1457-OE) that antenna structure number 1044775 be lit in
accordance with Chapters 4, 8, and 12 of FAA Circular 70/7460-1K,
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.
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 (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 agent observed that the structure was
constructed. As of April 15, 2014, however, the Antenna Structure
Registration database did not reflect that construction had been
completed. Furthermore, agent's investigation found that the owner's
phone number on the Antenna Structure Registration was not 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, G&G 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 G&G to support
its response to this Notice with an affidavit or declaration under
penalty of perjury, signed and dated by an authorized officer of G&G
with personal knowledge of the representations provided in G&G'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 G&G'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 G&G Communications 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
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