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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
United States Cellular Corporation845 United Nations Limited Partners )
File No. EB-FIELDNER-16-00022996
1239609 )
Owner of Antenna Structure No. 1268297 ) NOV No. V201732380001
)
New York, New York )
NOTICE OF VIOLATION
Released: December 1, 2016
By the Regional Director, Region One, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to 845 United Nations Limited Partners
(845 United Nations), the owner of antenna structure number 1268297 in
New York, New York. 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(s) noted herein.
On November 18, 2016, an agent of the Commission's New York Office
inspected the antenna structure number 1268297 located at 845 United
Nations Plaza, New York, New York and observed the following violations:
47 C.F.R. § 17.4(g): "The Antenna Structure Registration
Number must be displayed so that it is conspicuously
visible and legible from the publicly accessible area
nearest the base of the antenna structure along the
publicly accessible roadway or path. Where an antenna
structure is surrounded by a perimeter fence, or
where the point of access includes an access gate, the
Antenna Structure Registration Number should be posted
on the perimeter fence or access gate. Where multiple
antenna structures having separate Antenna Structure
Registration Numbers are located within a single fenced
area, the Antenna Structure Registration Numbers must
be posted both on the perimeter fence or access gate and
near the base of each antenna structure. If the base of
the antenna structure has more than one point of access,
the Antenna Structure Registration Number must be posted
so that it is visible at the publicly accessible area
nearest each such point of access. Materials used to
display the Antenna Structure Registration Number must
be weather-resistant and of sufficient size to be easily
seen where posted." At the time of the inspection,
no Antenna Structure Registration Number was visible at
the closest publicly accessible location near the base
of the antenna structure.
47 C.F.R. § 17.57: "The owner of an antenna structure
for which an Antenna Structure Registration Number
has been obtained must notify the Commission within 5
days of completion of construction (FCC Form 854-R)
and/or dismantlement (FCC Form 854)." According to
Commission records, 845 United Nations failed to notify
the Commission on FCC Form 854-R that antenna structure
number 1268297 had been constructed.
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, 845 United
Nations 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.
In accordance with Section 1.16 of the Rules, we direct 845 United
Nations Limited Partners to support its response to this Notice with
an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of 845 United Nations Limited Partners
with personal knowledge of the representations provided in 845 United
Nations Limited Partners' 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 company'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.
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
Enforcement Bureau
Region One Office
9200 Farm House Lane
Columbia, Maryland 21046
This Notice shall be sent to 845 United Nations Limited Partners at
its address of record.
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
Regional Director
Region One
Enforcement Bureau