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


In the Matter of                )
                                )
SUBCARRIER COMMUNICATIONS, INC. )
ASR # 1065048                   )            File  No.  EB-04-CF-
025
Federalsburg, MD                )
                                )            NOV              No.  
V20043234004
                                )
                                )


                       NOTICE OF VIOLATION

                                             Released:  February 
6, 2004

By the Enforcement Bureau: Columbia Office

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     SUBCARRIER COMMUNICATIONS, INC..
 
  2.      On January  30,  2004,  an agent  of  the  Commission's 
     Columbia Office inspected the antenna structure, ASR 1065048 
     in  Federalsburg,  Maryland   and  observed  the   following 
     violation:

47 C.F.R. §  17.50:  Antenna  structures requiring  painting 
shall be  cleaned  or repainted  as  often as  necessary  to 
maintain good visibility.  The paint on the tower is faded. 

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, SUBCARRIER COMMUNICATIONS, INC. 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 
     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 
     company 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
                 Columbia Office
                 9200 Farm House Lane
                 Columbia, Md 21046


  4.      This Notice shall be sent to SUBCARRIER COMMUNICATIONS, 
     INC. 139 White Oak Ln., Old Bridge, NJ 08857.

  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




                                Charles C. Magin
                                District Director,
                                Columbia 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.