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                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554

In the Matter of                )
Joseph Paul Ferraro             )            File No.   EB-04-NY-
ASR # 1044854                   )            NOV              No.  
Poughkeepsie, New York          )

              5.                  NOTICE OF VIOLATION

                                             Released:  July 23, 

By the District Director, New York Office, Northeast Region, 
Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section 1.89 of the Commission's Rules,1 to Joseph Paul Ferraro.

     On July  13, 2004,  an agent  of the  Commission's New  York 
Office inspected the antenna structure, ASR # 1044854, located at 
Poughkeepsie, New York, and observed the following violation(s):

  5.a.      47  C.F.R.     17.50:    ``Antenna   structures 
            requiring  painting  under this  part  shall  be 
            cleaned or  repainted as often  as necessary  to 
            maintain good  visibility.''  The  paint on  the 
            structure was badly faded.

  5.b.      47  C.F.R.     17.56(a):    ``...Replacing   or 
            repairing of  lights...shall be accomplished  as 
            soon as  practicable.''  The ASR's painting  and 
            lighting specifications, in accordance with  FCC 
            Form  715, ``Obstruction  Marking  and  Lighting 
            Specifications    For   Antenna    Structures,'' 
            Paragraph  3,  requires that  ``there  shall  be 
            installed at  the top of  the structure one  300 
            m/m electric code  beacon equipped with two  620 
            or   700  watt   lamps...both  lamps   to   burn 
            simultaneously, and  equipped with aviation  red 
            color filters...''  One of the top beacon  lamps 
            was  extinguished, and  the aviation  red  color 
            filter  enclosing   the  functioning  lamp   was 
            cracked.   Additionally, one of the side  lights 
            at   the   midpoint   of   the   structure   was 

     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Joseph Paul Ferraro, 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 Joseph Paul Ferraro, 316  Main 
Street, Poughkeepsie, NY 12601.

     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 

                                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.