Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Public Service Electric and Gas Company      )    File No. EB-04-
NY-264
                                )
ASR# 1044536                    )            NOV              No.  
V20053238012
                                )
Edison, New Jersey              )
                                

                       NOTICE OF VIOLATION

                                             Released:  November 
4, 2004

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,1  to 
     Public Service  Electric and  Gas Company  (``PSE&G''),  the 
     owner of antenna structure 1044536 in Edison, New Jersey.

  2.      On October 22, 2004, an  agent of the Commission's  New 
     York Office inspected antenna structure 1044536 and observed 
     the following violation:

        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,''   as 
        referenced in the following FAA Advisory  Circulars: 
        AC    70/7460-1J,    ``Obstruction    Marking    and 
        Lighting,''  effective   January  1,  1996,  and  AC 
        150/5345-43E,   ``Specifications   for   Obstruction 
        Lighting  Equipment,'' dated October 19,  1995...The 
        documents  contain FAA recommendations for  painting 
        and  lighting  structures  which  pose  a  potential 
        hazard
        to air  navigation.  For purposes of this part,  the 
        specifications, standards, and general  requirements 
        are  mandatory...''   The antenna  structure  had  a 
        dual  lighting system which  was comprised of  white 
        obstruction  lighting for  daytime illumination  and 
        red     obstruction    lighting    for     nighttime 
        illumination.   However,  according to  the  Antenna 
        Structure   Registration   1044536   and   the   FAA 
        determination  of ``No Hazard''  (FAA Study  89-AEA-
        2119-OE), the antenna structure must be painted  for 
        daytime  marking  and  display  a  red   obstruction 
        lighting system between sunset and sunrise.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, PSE&G,  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 the  tower owner  with 
     personal  knowledge  of   the  matter.    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.      This Notice shall  be sent to  Public Service  Electric 
     and Gas Company, 80 Park Plaza     T-15, Newark, New  Jersey 
     07102.

  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 Office
                                    Northeast Region
                                    Enforcement Bureau


_________________________

1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.