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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Woodhaven Investment Trust, Inc. ) File No. EB-FIELDNER-13-00006586

   Antenna Structure Registrant )

   ASR # 1059936 ) NOV No. V201332400017

   Philadelphia, Pennsylvania )

                              NOTICE OF VIOLATION

   Released: March 5, 2013

   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 (Rules)^ to Woodhaven Investment Trust,
       Inc., registrant of antenna structure number 1059936 in Philadelphia,
       Pennsylvania. Pursuant to Section 1.89(a) of the Rules, issuance of
       this NOV does not preclude the Enforcement Bureau from further action
       if warranted, including issuing a Notice of Apparent Liability for
       Forfeiture for the violations noted herein.^

    2. On January 29, 2013, agents of the Enforcement Bureau's Philadelphia
       Office inspected antenna structure number 1059936 located in
       Philadelphia, Pennsylvania, and observed the following violations:

     a. 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
        Antenna Structure Registration Number was not posted.

     b. 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 # 1059936 requires dual
        lighting with red obstruction lighting during the nighttime and
        medium intensity flashing white obstruction lighting during the
        daytime in accordance with FAA circular number 70/7460-1J, FAA
        Chapters  4, 8, and 13. The antenna structure does not conform to
        these recommendations, but is equipped with medium intensity flashing
        white for both day and night.^

    3. Pursuant to Section 403 of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Woodhaven Investment Trust, Inc. must submit a written
       statement concerning this matter within twenty (20) days of release of
       this Notice. The response (i) must fully explain each violation,
       including all relevant surrounding facts and circumstances, (ii) must
       contain a statement of the specific action(s) taken to correct each
       violation and preclude recurrence, and (iii) must include a time line
       for completion of any pending corrective action(s). The response must
       be complete in itself  and must not be abbreviated by reference to
       other communications or answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Woodhaven
       Investment Trust, Inc. to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer for Woodhaven Investment Trust, Inc. with
       personal knowledge of the representations provided in Woodhaven
       Investment Trust, Inc.'s response, verifying the truth and accuracy of
       the information therein,^ and confirming that all of the information
       requested by this Notice which is in the licensee's possession,
       custody, control, or knowledge has been produced. To knowingly and
       willfully make any false statement or conceal any material fact in
       reply to this Notice is punishable by fine or imprisonment under Title
       18 of the U.S. Code.^

    5. 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

    6. This Notice shall be sent to Woodhaven Investment Trust, Inc. at its
       address of record.

    7. 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.


   David C. Dombrowski

   District Director

   Philadelphia District Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ In order to come into compliance with the Commission's rules, Woodhaven
   Investment Trust, Inc. must do one of the following: (1) obtain a new FAA
   "no hazard" determination indicating that the current lighting 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 requirements.

   ^ 47 U.S.C. S 403.

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Commission's rules provides that "[a]ny document to
   be filed with the Federal Communications Commission and which is required
   by any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission


                       Federal Communications Commission