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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
Nassau County Police Department ) File No. EB-04-NY-
144
)
ASR # 1224208 ) NOV No.
V20043238021
Mineola, New York )
)
)
5. NOTICE OF VIOLATION
Released: July 1,
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 Nassau County Police
Department.
On June 24, 2004, an agent of the Commission's New York
Office inspected the antenna structure, ASR # 1224208, located at
Mineola, New York, and observed the following violation(s):
5.a. 47 C.F.R. § 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.'' The antenna registration number
was not posted.
5.b. 47 C.F.R. § 17.23: ``...each new or altered
antenna structure...must conform to the FAA's
painting and lighting recommendations set forth
on the structure's determination of ``no
hazard''...'' The ASR for structure number
1224208 specifies painting and lighting
specifications in accordance with FAA Circular
Number 70/7460-1K, Chapters 3, 4, 5 and 12.
Chapter 3 requires painting with alternate
bands of aviation orange and white, and Chapter
5 requires red obstruction lighting. During
the inspection, the agent observed that that
the antenna structure did not conform to these
specifications. The structure was not painted,
and had a white flashing beacon at the top.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Nassau County Police Department, 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 Nassau County Police
Department, 1490 Franklin Avenue, Mineola, NY 11501.
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.