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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                )
Tu Way Wireless                 )         File No.     EB-03-PA-
Allentown, Pennsylvania         )         
                                )         NOV No. V20033240005

                       NOTICE OF VIOLATION

                                             Released:  October 
17, 2003 

By the District Director, Philadelphia Office, Enforcement 

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of  the Commission's Rules,1 to  Tu 
     Way Wireless. 
  2.      On  September  22,  2003,  an  agent  with  the   FCC's 
     Philadelphia Office inspected the antenna structure  located 
     at 933  East Rock  Road,  Allentown, Pennsylvania  near  the 
     coordinates  40-34-20  N  by   075-25-50  W.   The   antenna 
     structure is owned by  Tu Way Wireless  and is assigned  the 
     Antenna Structure  Registration  (``ASR'')  Number  1016094.  
     During the inspection, the Philadelphia Office found that Tu 
     Way Wireless was in violation of the following: 

       a. 47 C.F.R.   17.50:  Antenna structures  requiring 
          painting and  lighting under  this part  shall  be 
          cleaned and  repainted as  often as  necessary  to 
          maintain good visibility.   The unpainted  coaxial 
          cables on the legs  of the antenna structure  mask 
          the paint on the antenna structure.  
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Tu  Way Wireless,  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 actions taken  to 
     correct each violation and  preclude recurrence, and  should 
     include a  time line  for completion  of pending  corrective 
     actions.  The response must be complete in itself and signed 
     by a  principal or  officer of  the licensee  with  personal 
     knowledge of the matter.  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 

     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  Tu Way  Wireless,  2350 
     Schoenersville, Allentown, Pennsylvania 18103.  

  5.      The Privacy Act  of 19743 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.4

                                FEDERAL COMMUNICATIONS 

                                John E. Rahtes
                                District Director
                                Philadelphia Office

1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).

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

4 18 U.S.C.  1001 et seq.