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

In the Matter of                )
Tower Power, Inc.               )            File  No.  EB-04-PA-
Antenna Structure 1036481       )            NOV              No.  
Washington, Pennsylvania        )

                       NOTICE OF VIOLATION

                                             Released:  October 
13, 2004 

By the District Director, Philadelphia Office, Enforcement 

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to  Section 1.89  of  the Commission's  Rules,1  to 
     Tower Power, Inc., the owner of antenna structure 1036481 in 
     Washington, Pennsylvania.  

  2.      On September 16,  2004 at  2:50 p.m., an  agent of  the 
     Commission's Philadelphia Office inspected antenna structure 
     1036481 and observed the following violation: 

     47 C.F.R.  17.23:  ``Unless otherwise specified by the 
     Commission, each new or altered antenna structure to be 
     registered on or after January 1, 1996, must conform to 
     the FAA's  painting  and lighting  recommendations  set 
     forth on  the  structure's FAA  determination  of  ``no 
     hazard,'' as referenced in  the following FAA  Advisory 
     Circulars: AC  70/7460-1J,  ``Obstruction  Marking  and 
     Lighting,'' effective January 1, 1996, and AC 150/5345-
     43E,   ``Specifications   for   Obstruction    Lighting 
     Equipment,'' dated  October  19,  1995...The  documents 
     contain FAA recommendations  for painting and  lighting 
     structures  which  pose  a  potential  hazard  to   air 
     navigation.    For   purposes   of   this   part,   the 
     specifications, standards, and general requirements  in 
     these  documents   are  mandatory...''    The   antenna 
     structure  had  a  dual   lighting  system  which   was 
     comprised of  white  obstruction lighting  for  daytime 
     illumination and red obstruction lighting for nighttime 
     illumination.   However,  according   to  the   Antenna 
     Structure   Registration    1036481   and    the    FAA 
     determination of ``No Hazard'' (FAA Study  96-AEA-0433-
     OE), the antenna structure must be painted for  daytime 
     marking and display a  red obstruction lighting  system 
     between sunset and sunrise.    

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Tower Power,  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 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 tower owner 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 

                 Federal Communications Commission
                 Philadelphia Office 
                 One Oxford Valley Building, Suite 404
                 2300 East Lincoln Highway
                 Langhorne, Pennsylvania 19047

  4.      This Notice shall  be sent  to Tower  Power, Inc.,  701 
     Dorseyville Road, Pittsburgh, Pennsylvania 15238. 

  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 

                                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.