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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   NE Passage Inc. )

   Registrant of Antenna Structure ) File No. EB-08-NY-0266

   ASR # 1063673 )

   Hightstown, New Jersey ) NOV No. V200832380043


                              NOTICE OF VIOLATION

   Released: July  28, 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 NE Passage Inc., owner of antenna
       structure # 1063673 in Hightstown, New Jersey.

    2. On July 15, 2008, an agent of the Commission's New York Office
       inspected antenna structure # 1063673 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 # 1063673.

        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 70/7460-1H, 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, NE Passage Inc. 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 of an antenna structure for
           which an Antenna Structure Registration Number has been obtained
           must notify the Commission within 24 hours of completion of
           construction (FCC Form 854-R) and/or dismantlement (FCC Form 854).
           The owner must also immediately notify the Commission using FCC
           Form 854 upon any change in structure height or change in
           ownership information." According to the ASR, Antenna Structure
           Registration Number 1063673 still shows "granted" status. In order
           to come into compliance with the Commission's rules, NE Passage
           Inc. should file FCC Form 854 notifying the Commission that the
           tower has been constructed. The telephone number listed is
           directory assistance for area code 205 and should be replaced with
           a valid contact telephone number.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, NE Passage Inc. 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
       NE Passage Inc. 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 NE Passage Inc.  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