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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Delaware Division of Communications ) File No: EB-FIELDNER-12-00002309
   Antenna Structure Registrant )

   ASR # 1254011 ) NOV No: V201232400038

   Wilmington, Delaware )



                              NOTICE OF VIOLATION

   Released:  May 21, 2012

   By the Acting 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 Delaware Division of Communications,
       registrant of antenna structure number 1254011 (Antenna Structure) in
       Wilmington, Delaware.

    2. On March 27, 2012, agents of the Commission's Philadelphia Office
       inspected the Antenna Structure located in Wilmington, Delaware, and
       observed the following violation:

   47 C.F.R. S:: 17.51(b): "All high intensity and medium intensity
   obstruction lighting shall be exhibited continuously unless otherwise
   specified." At the time of inspection, the top-level flashing white
   obstruction lighting was extinguished on the Antenna Structure.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's rules, Delaware Division of
       Communications 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 Delaware Division of Communications. 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 Delaware Division of Communications 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.


   Kevin Doyle

   Acting District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   The antenna structure registration for antenna structure # 1254011
   requires that the obstruction lighting comply with the FAA circular
   70/7460-1K paragraphs 4, 8, and 12, which require the antenna structures
   to utilize red obstruction lighting at night and white obstruction
   lighting during daytime and twilight hours.

   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