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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
American Towers, LLC ) File No. EB-FIELDNER-14-00016422
Antenna Structure Registrant )
ASR #1019852 ) NOV No. V201432340008
Jefferson, Maryland )
)
NOTICE OF VIOLATION
Released: September 2, 2014
By the District Director, Columbia 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 American Towers, LLC,
registrant of antenna structure #1019852 in Jefferson, Maryland.
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 July 09, 2014, an agent of the Enforcement Bureau's Columbia
Office inspected antenna structure #1019852 located at 4401 Mar Lu
Ridge Rd, Jefferson, Maryland, and observed the following violations:
a. 47 C.F.R. S 17.50: "Antenna structures requiring painting shall be
cleaned or repainted as often as necessary to maintain good visibility."
At the time of inspection, the agent observed that the paint on the
antenna structure was severely faded and bare metal could be seen in
several places reducing its visibility.
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, American Towers, 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 American
Towers, 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 American Towers, LLC with personal knowledge of
the representations provided in American Towers, 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 licensee'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
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
6. This Notice shall be sent to American Towers, 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
Salomon Satche
District Director
Columbia 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