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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Public Service Electric and Gas Company ) File No. EB-04-
NY-264
)
ASR# 1044536 ) NOV No.
V20053238012
)
Edison, New Jersey )
NOTICE OF VIOLATION
Released: November
4, 2004
By the District Director, New York Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Public Service Electric and Gas Company (``PSE&G''), the
owner of antenna structure 1044536 in Edison, New Jersey.
2. On October 22, 2004, an agent of the Commission's New
York Office inspected antenna structure 1044536 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
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 1044536 and the FAA
determination of ``No Hazard'' (FAA Study 89-AEA-
2119-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, PSE&G, 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
4. This Notice shall be sent to Public Service Electric
and Gas Company, 80 Park Plaza T-15, Newark, New Jersey
07102.
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
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.