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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   State of Pennsylvania ) File No. EB-08-PA-0501

   Department of Conservation and Natural Resources )

   Owner of Antenna Structure )

   Williamsport, Pennsylvania ) NOV No. V200932400017



                              NOTICE OF VIOLATION

   Released: March 16, 2009

   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 the State of Pennsylvania's
       Department of Conservation and Natural Resources ("DCNR"), the owner
       of an unregistered antenna structure located in Williamsport,

    2. On October 22, 2008, an agent of the Commission's Philadelphia Office
       observed an antenna structure along Shaffer's Path on Bald Eagle
       Mountain in Williamsport, Pennsylvania (41-12-32 North Latitude
       076-57-27 West Longitude) 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 DCNR 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, DCNR 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 DCNR 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 DCNR'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 15.2 meters, site elevation of 611.4 meters
   and NAD83 coordinates 41-12-32 North and 076-57-27 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