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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
Earth Satellite Communications Ltd. ) File No. EB-
04-NY-162
)
ASR # 1060205 ) NOV No.
V20043238020
West Orange, New Jersey )
)
)
5. NOTICE OF VIOLATION
Released: June 29,
2004
By the District Director, New York Office, Enforcement Bureau:
This is a Notice of Violation ("Notice") issued pursuant to
Section 1.89 of the Commission's Rules,1 to Earth Satellite
Communications Ltd.
On June 28, 2004, an agent of the Commission's New York
Office inspected the antenna structure, ASR# 1060205, located at
West Orange, New Jersey, and observed the following violation(s):
5.a. 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 structure
was badly faded.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Earth Satellite Communications Ltd., 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 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
This Notice shall be sent to Earth Satellite Communications
Ltd., 114 Eagle Drive Way, West Orange, NJ 07052.
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
Daniel W. Noel
District Director
New York 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.