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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
) File No. EB-04-NY-
268
Entergy Services, Inc. )
) NOV No.
V20053238011
ASR # 1005000 )
Buchanan, NY )
5.
6. NOTICE OF VIOLATION
Released: November 2, 2004
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 Entergy Services,
Inc., owner of antenna structure 1005000.
On October 21, 2004, an agent of the Commission's New York
Office inspected the antenna structure, ASR # 1005000, located at
Entergy's Indian Point Energy Center, Buchanan, NY 10548, and
observed the following violation:
47 C.F.R. § 17.57: ``...The owner must also
immediately notify the Commission using FCC Form 854
upon any change in structure height or change in
ownership information.'' Entergy Services, Inc. is
the current owner of antenna structure 1005000.
However, the Antenna Structure Registration for the
tower still lists the owner as Power Authority of
the State of New York.
Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's Rules,
Entergy Services, Inc. must submit a written statement concerning
this matter within twenty (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 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 address:
Federal Communications Commission
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
This Notice shall be sent to Entergy Services, Inc., P.O.
Box 551, Little Rock, AR 72203, Attn: Manager,
Telecommunications.
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
Northeast Region
Enforcement Bureau
_________________________
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.