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M&M Tower Management Corporation, Marlboro, NJ

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Released: October 21, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
M&M Tower Management Corporation
)
File No. EB-FIELDNER-14-00011287
Owner of Antenna Structure No. 1066153
)
Marlboro, New Jersey
)
NOV No. V201432380001
)

NOTICE OF VIOLATION

Released: October 21, 2013

By the District Director, New York 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)1 to M&M Tower Management Corporation (M&M), owner of antenna
structure number 1066153 located in Marlboro, 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
2.
On September 17, 2013, agents of the Enforcement Bureau’s New York Office inspected
antenna structure number 1066153 located at Route 34 and Reside Hill Road, Marlboro, New Jersey
(Latitude 40o 22’ 55” N, Longitude 074o 12’ 38” W) and observed the following violation:
47 C.F.R. § 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.” At the time of inspection, no Antenna Structure Registration
Number was readily visible near the base of antenna structure 1066153.
3.
Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, M&M 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

1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 403.

Federal Communications Commission

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
4.
In accordance with Section 1.16 of the Rules, we direct M&M to support its response to
this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized
officer of M&M with personal knowledge of the representations provided in M&M’s response, verifying
the truth and accuracy of the information therein,5 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.6
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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014

4 47 C.F.R. § 1.89(c).
5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

6.
This Notice shall be sent to M&M Tower Management Corporation at its address of
record.
7.
The Privacy Act of 19747 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
Stephen Maguire
District Director
New York Office
Northeast Region
Enforcement Bureau

7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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