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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   City of Philadelphia ) EB-FIELDNER-12-00000883 )

   Registrant of Antenna Structure ) NOV No. V201232400029

   ASR # 1202731 )

   Philadelphia, Pennsylvania )


                              NOTICE OF VIOLATION

   Released: February 14, 2012

   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 City of Philadelphia, the owner of
       antenna structure # 1202731 in Philadelphia, Pennsylvania.

    2. On January 31, 2012 and February 1, 2012, agents of the Commission's
       Philadelphia Office inspected antenna structure # 1202731 located at
       Ivans and Horner Streets, Philadelphia, Pennsylvania and observed the
       following violations:

     a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." During
        the inspection at 6:49 p.m. on January 31, 2012, the agent observed
        the antenna structure's top-level red obstruction lighting was

     b. 47 C.F.R. S: 17.47(a)(1): "The owner of any antenna structure which
        is registered with the Commission and has been assigned lighting
        specifications referenced in this part: Shall make an observation of
        the antenna structure's lights at least once each 24 hours either
        visually or by observing an automatic properly maintained indicator
        designed to register failure of the lights to insure all lights are
        functioning properly as required; ..." The City of Philadelphia was
        not unaware that the top-level obstruction lighting was extinguished
        and does not make observations of the obstruction lighting every 24

     c. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility." During the inspection, agents noted that the paint
        on the antenna structure was faded and chipped.

     d. 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. Materials used to display the
        Antenna Structure Registration Number must be weather-resistant and
        of sufficient size to be easily seen at the base of the antenna
        structure." At the time of inspection, the agents observed that there
        was no registration number posted at or near the base of the antenna

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


   David C. Dombrowski

   Acting District Director

   Philadelphia 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