Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) 731 Commercial LLC ) File No. EB-09-NY-0203 ASR # 1245781 ) New York, New York ) NOV No. V200932380038 NOTICE OF VIOLATION Released: June 16, 2009 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 Rules1 to 731 Commercial LLC, owner of antenna structure #1245781 in New York, New York. 2. On June 4, 2009, an agent of the Commission’s New York Office inspected antenna structure # 1245781, located at 731 Lexington Avenue , New York, New York, 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 the antenna structure. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, 731 Commercial LLC, must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response must fully explain each violation, must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and should include a time line for completion of pending corrective action(s). The response must be complete in itself and signed by a principal or officer of 731 Commercial LLC. 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 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 4. This Notice shall be sent to 731 Commercial LLC at its address of record. 5. The Privacy Act of 19743 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. Any false statement made knowingly and willfully in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code.4 FEDERAL COMMUNICATIONS COMMISSION Daniel W. Noel District Director New York District Office Northeast Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.