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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   County of Passaic )

   Registrant of Antenna Structure ) File No. EB-08-NY-0235

   ASR # 1053447 )

   Paterson, New Jersey ) NOV No. V200832380038


                              NOTICE OF VIOLATION

   Released: June 25, 2008

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

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to County of Passaic, owner of antenna
       structure # 1053447 in Paterson, New Jersey.

    2. On June 18, 2008, an agent of the Commission's New York Office
       inspected antenna structure # 1053447 and observed the following

        a. 47 C.F.R. S: 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
           the inspection, no Antenna Structure Registration Number was
           visible at the base of antenna structure # 1053447.

        b. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
           each new or altered antenna structure 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 ...FAA Advisory Circulars." The
           FCC's Antenna Structure Registration ("ASR") database currently
           indicates that the antenna structure requires aviation orange and
           white paint and red obstruction lighting in accordance with FAA
           Circular Number 70/7460-1J, Chapters 3, 4, 5, 13. The antenna
           structure does not conform to these recommendations, but is
           equipped with a medium intensity flashing white obstruction
           lighting system for daytime visibility, is not painted, and
           therefore is in violation of 47 C.F.R. S: 17.23. In order to come
           into compliance with the Commission's rules, County of Passaic
           must: (1) obtain a new FAA "no hazard" determination indicating
           that the current lighting system is permitted and then submit a
           modified antenna structure registration to reflect the new "no
           hazard" determination, (2) submit a modified registration if a new
           FAA "no hazard" determination already has been obtained, or (3)
           come into compliance with the current ASR by removing the white
           obstruction lighting and painting the tower.

        c. 47 C.F.R. S: 17.57: "The owner must ... immediately notify the
           Commission using FCC Form 854 upon any change in structure height
           or change in ownership information." County of Passaic failed to
           notify the Commission of a change of address and telephone number.
           The telephone number listed in the ASR database was not in

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, County of Passaic 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
       County of Passaic. 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 County of Passaic  at its address of

    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.


   Daniel W. Noel

   District Director

   New York 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