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.

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




                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554
                  4.                            

In the Matter of                )
                                )
Northeast Passage Corporation   )            File No.   EB-05-NY-
318
                                )
ASR # 1063673                   )            NOV              No.  
V20063238014
Hightstown, New Jersey          )
                                )
                                )


              5.                  NOTICE OF VIOLATION

                                             Released:  December 
30, 2005

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section 1.89  of the  Commission's Rules,1  to Northeast  Passage 
Corporation, owner of antenna structure 1063673.

     On November 22, 2005,  an agent of the Commission's New York 
Office conducted an  investigation of  antenna structure  1063673 
located at 319 Perrineville  Road., Hightstown, New Jersey,   and 
noted 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 recommendation set forth on the  structure's 
       FAA  determination  of ``no  hazard.''   The  Antenna 
       Structure   Registration   for   structure    1063673 
       indicates  that  the  tower  requires  painting   and 
       lighting  in  accordance  with  FAA  Circular  Number 
       70/7460-1H,  ``Obstruction  Marking  and  Lighting,'' 
       Chapters  3,  4,  5  and  13.   Chapter  3   requires 
       painting with alternate bands of aviation orange  and 
       white for daytime  visibility and Chapter 5  requires 
       red  obstruction lighting  for nighttime  visibility.  
       During the  investigation, the agent  noted that  the 
       structure  had  flashing white  strobes  in  lieu  of 
       paint.  The agent also noted that the flashing  white 
       strobes, not  the required red obstruction  lighting, 
       were on during nighttime hours.

   
     Pursuant to Section 403 of  the Communications Act of  1934, 
as  amended,2  and  Section  1.89  of  the  Commission's   Rules, 
Northeast Passage Corporation,  must submit  a written  statement 
concerning this  matter  within  (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 Northeast Passage Corporation 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

     This Notice shall be  sent to Northeast Passage  Corporation 
at its address of record.

     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.  403.

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

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