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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Trump Taj Mahal Casino Resort ) File No. EB-03-PA-
146
)
Atlantic City, New Jersey )
) NOV No. V20033240007
Attn: Fire Command Center )
NOTICE OF VIOLATION
Released: October
17, 2003
By the District Director, Philadelphia Office, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Trump Taj Mahal Casino Resort (``Trump'').
2. On July 19, 2003 and August 13, 2003, an agent with the
FCC's Philadelphia Office inspected the antenna structure
located on the roof of the Trump Taj Mahal Casino Resort,
151 South Pennsylvania Avenue, Atlantic City, New Jersey.
During the inspection, the FCC agent found that Trump was in
violation of the following:
a. 47 C.F.R. § 17.22: Whenever painting and lighting
is required, the Commission will generally assign
specifications in accordance with the FAA Advisory
Circulars referenced in Section 17.23. If an
antenna installation is of such a nature that its
painting and lighting in accordance with these
specifications are confusing, or endanger rather
than assist airmen, or are otherwise inadequate,
the Commission will specify the type of painting
and lighting or other marking to be used in the
individual situation.'' Trump failed to paint the
antenna structure as specified on the Antenna
Structure Registration 1027700. The antenna
structure must have painting and red obstruction
lighting that complies with Chapters 3, 4, 5 and
13 of the FAA Circular Number 70/7460-1J.
b. 47 C.F.R. § 17.51(a): All red obstruction
lighting shall be exhibited from sunset to sunrise
unless otherwise specified. The red obstruction
lighting on the antenna structure was not
functioning properly. One of the red obstruction
lighting bulbs was extinguished while the other
one was steady burning instead of flashing.
c. 47 C.F.R. § 17.47(a): 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 any failure of such lights, to insure
that all such lights are functioning properly; or
alternatively, shall provide and properly maintain
an automatic alarm system designed to detect any
failure of such lights and to provide indication
of such failure to the owner.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Trump Taj Mahal Casino Resort, 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 address:
Federal Communications Commission
Philadelphia Office
One Oxford Valley Building, Suite 40
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Trump Taj Mahal Casino
Resort, Attn: Ed Belock, 151 South Pennsylvania Avenue,
Atlantic City, New Jersey 08401.
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
COMMISSION
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.