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 )

   )

   WNAP, Inc. ) File No. EB-08-PA-0356

   Owner of Antenna Structures )

   Norristown, Pennsylvania ) NOV No. V200832400025

   )

   )

                              NOTICE OF VIOLATION

   Released: August 4, 2008

   By the District Director, Philadelphia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to WNAP, Inc., owner of three
       unregistered antenna structures located in Norristown, Pennsylvania.

    2. On June 30, 2008, agents of the Commission's Philadelphia Office
       inspected the three-tower directional antenna array for station WNAP
       located on Arch Street at New Hope Road in Norristown, Pennsylvania
       (N40-08-05, W075-18-48) and observed the following violation:

   47 C.F.R. S: 17.4(a): "Effective July 1, 1996, the 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." While notices of proposed construction
   generally are required only for towers that exceed 200 feet, 47 C.F.R. S:
   17.7(b) specifies circumstances under which notices of proposed
   construction to the FAA are required for towers less than 200 feet that
   are near airports. The agents determined that, pursuant to 47 C.F.R. S:
   17.7(b)(1), the WNAP towers required a notification of proposed
   construction to the FAA and therefore required registration with the FCC.
   At the time of the inspection, the agents found that WNAP, Inc. failed to
   register its antenna structures with the Commission

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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to WNAP, Inc. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Gene Stanbro

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   The antenna structure requires notice of construction to the FAA and
   registration with the FCC because it fails the 100:1 slope criteria with
   respect to Wings Field Airport. The agent used a Commission program called
   TOWAIR, http://wireless2.fcc.gov/UlsApp/ AsrSearch/towairSearch.jsp, to
   determine that WNAP, Inc.'s antenna structure exceeds the 100:1 slope
   criteria with respect to the Wings Field Airport. This determination was
   based on the antenna structure's overall height above ground level of 199
   feet, site elevation of 263 feet and NAD83 coordinates 40-08-05 North and
   075-18-48 W. On July 11, 2008, WNAP, Inc. provided the Philadelphia Office
   with a copy of the Notice of Proposed Construction or Alteration (FAA
   Study No. 87-AEA-0709-OE) that Alpha Omega Communications, Inc. submitted
   to the Federal Aviation Administration on April 30, 1987 for the
   construction of WNAP's three-tower directional antenna array. On May 28,
   1987, the FAA granted the proposal and specified that no marking and
   lighting are necessary on the WNAP towers.

   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

   2

                       Federal Communications Commission