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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Penn Services Microwave Company ) File No. EB-08-PA-0490

   Owner of Antenna Structure )

   South Williamsport, Pennsylvania ) NOV No. V200932400007



                              NOTICE OF VIOLATION

   Released: November 13, 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 Penn Services Microwave Company
       ("Penn Services"), owner of an unregistered antenna structure located
       in South Williamsport, Pennsylvania.

    2. On October 22, 2008, an agent of the Commission's Philadelphia Office
       observed an antenna structure along Skyline Drive on Bald Eagle
       Mountain in South Williamsport, Pennsylvania (N41-12-31 W076-57-30)
       and found 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 agent determined that, pursuant to 47 C.F.R. S:
   17.7(b)(1), the tower required a notification of proposed construction to
   the FAA and therefore required registration with the FCC. At the time of
   the inspection, the agent found that Penn Services failed to register its
   antenna structure 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, Penn Services 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 Penn Services Microwave Company 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.


   Gene J. 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 Williamsport Regional Airport. The agent used a Commission
   program called TOWAIR,
   AsrSearch/towairSearch.jsp, to determine that Penn Service's antenna
   structure exceeds the 100:1 slope criteria with respect to the
   Williamsport Regional Airport. This determination was based on the antenna
   structure's overall height above ground level of 23.1 meters, site
   elevation of 609 meters and NAD83 coordinates 41-12-31.0 North and
   076-57-30.0 W.

   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