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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Warren County New Jersey ) File No. EB-11-NY-0329

   ASR # 1215296 )

   Hackettstown, New Jersey ) NOV No. V201232380010



                              NOTICE OF VIOLATION

   Released:  November 22, 2011

   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 Warren County New Jersey, owner of
       antenna structure # 1215296 in Hackettstown, New Jersey.

    2. On November 3, 2011, an agent of the Commission's New York Office
       inspected antenna structure # 1215296 located at Upper Pohatcong
       Mountain Hackettstown, New Jersey 07840, and observed the following

     a. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
        each new or altered antenna structure to be 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'." The FCC's Antenna Structure Registration ("ASR") database
        currently indicates that antenna structure number 1215296 requires
        aviation orange and white paint and red obstruction lighting in
        accordance with FAA Circular Number 70/7460-1K, Chapters 3, 4, 5, and
        12. The antenna structure does not conform to these recommendations,
        but is equipped with dual lighting with red obstruction lighting at
        night and medium intensity white flashing lights during the day, and
        therefore is in violation of 47 C.F.R. S: 17.23. In order to come
        into compliance with the Commission's rules, Warren County New Jersey
        must: (1) obtain a new FAA "no hazard" determination indicating that
        the current 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 painting the structure in accordance with FAA
        Circular Number 70/7460-1K, Chapters 3,4, 5, and 12.

     b. 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)." During the
        inspection, the agent observed that construction of antenna structure
        number 1215296 had been completed; the FCC's antenna structure
        registration database, however, still showed the structure's status
        as "granted."

    3. Pursuant to section 308(b) of the Communications Act of 1934, as
       amended, and section 1.89 of the Commission's rules, Warren County New
       Jersey must submit a written statement concerning this matter within
       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 Warren County New Jersey. 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 by Certified Mail/Return Receipt
       Requested and regular mail to Warren County New Jersey 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.


   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: 308(b).

   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