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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Massachusetts Highway Department )

   ) File No. EB-06-BS-084

   Concord, MA )

   ) NOV No.  V20063226007


                              NOTICE OF VIOLATION

                                                     Released:  July 28, 2006

   By the District Director, Boston Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to the Massachusetts Highway
       Department, owner of an antenna structure in Concord, MA.

    2. On July 11, 2006, an agent of the Commission's Boston Office inspected
       an antenna structure located at geographic coordinates 42* 28'01" N,
       071* 23' 37" W in Concord, MA, and observed the following violations:

     a. 47 C.F.R. S 17.4(a): "[T]he owner of any proposed or existing antenna
        structure that requires notice of proposed construction to the
        Federal Aviation Administration must register the structure with the
        Commission." Because your antenna structure exceeds 200 feet it
        requires notification to the Federal Aviation Administration and
        therefore must be registered with the Commission. The FCC Antenna
        Structure Registration ("ASR") database has no record that your
        antenna structure has been registered.

     b. 47 C.F.R. 17.50: "Antenna structure requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility." During the inspection, the agent observed that the
        paint on the tower was so badly faded and chipped that the bands were
        indistinguishable, thereby reducing the structure's visibility.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, The Massachusetts Highway
       Department, 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. 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

   Boston Office

   1 Batterymarch Park

   Quincy, MA 02169

    4. This Notice shall be sent to Massachusetts Highway Department  at its
       address of record.

    5. The Privacy Act of 1974 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.


   Dennis Loria

   District Director

   Boston District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 403.

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

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

                       Federal Communications Commission


                       Federal Communications Commission