R & R Enterprizes, Inc., Kalamazoo, MI
Federal Communications Commission
Federal Communications Commission
Washington, D.C. 20554In the Matter of
R & R Enterprizes, Inc.
File No.: EB-FIELDNER-14-00014075
Owner of Antenna Structure No. 1230981
NOV No.: V201432360011
NOTICE OF VIOLATION
Released: March 6, 2014By the District Director, Detroit Office, Northeast Region, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules),1 to R & R Enterprizes, Inc., owner of antenna structure number 1230981 in
Kalamazoo, Michigan. 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 noted herein.2
On February 3, 2014, an agent of the Enforcement Bureau’s Detroit Office inspected
antenna structure number 1230981 located at the coordinates 42º 16’ 20.6” North Latitude, 085º 31’ 55.2”
West Longitude, Kalamazoo, Michigan. The agent observed the following violations:
47 C.F.R. § 17.23: “Unless otherwise specified by the Commission, 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 FCC’s
Antenna Structure Registration (ASR) database currently specifies that
antenna structure number 1230981 requires dual lighting—medium intensity
for daytime visibility and red obstruction lighting for nighttime visibility—in
accordance with FAA circular number 70/7460-1K, Chapters 4, 8 and 12.
The agent observed that the antenna structure does not conform to the
specifications given in the FCC ASR database because the antenna structure
1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 On July 24, 2002, the previous antenna structure owner, North and South Construction and Design, obtained a
Determination of No Hazard from the Federal Aviation Administration (FAA) in Aeronautical Study No. 2002-AGI-
2854-OE (FAA No Hazard Determination) specifying that antenna structure number 1230981 is not required to be
lit. As the current owner, R & R Enterprizes Inc. must submit FCC Form 854 along with the FAA No Hazard
Federal Communications Commissionb.
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 24 hours of completion of construction. . . .” Although
the antenna structure has been constructed, the FCC never was notified of
completion of construction. R&R Enterprizes, Inc. must submit FCC Form
854 to update the FCC’s ASR database.
Pursuant to Section 403 of the Communications Act of 1934, as amended,4 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, R & R Enterprizes, Inc. 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.5
In accordance with Section 1.16 of the Rules, we direct R & R Enterprizes, Inc. to
support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and
dated by an authorized officer of R & R Enterprizes, Inc. with personal knowledge of the representations
provided in R & R Enterprizes, Inc.’s response, verifying the truth and accuracy of the information
therein,6 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.7
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:
Determination in order to modify the ASR information to indicate that the antenna structure no longer requires
4 47 U.S.C. § 403.
5 47 C.F.R. § 1.89(c).
6 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.
7 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
Federal Communications CommissionFederal Communications Commission
24897 Hathaway Street
Farmington Hills, MI 48335
This Notice shall be sent to R & R Enterprizes, Inc. at its address of record.
The Privacy Act of 19748 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
James A. Bridgewater
8 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
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