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

In the Matter of                )
Spectrasite Communications      )            File  No.  EB-05-BF-
ASR# 1238999                    )            NOV              No.  
Blasdell, New York              )

                       NOTICE OF VIOLATION

                                             Released:  March 10, 

By the Resident Agent, Buffalo 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 
     Spectrasite Communications, the  owner of antenna  structure 
     1238999 in Blasdell, New York.

  2.      On March 8, 2005, an agent of the Commission's  Buffalo 
     Office inspected antenna structure 1238999 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    70/7460-1K,    ``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 
        to air  navigation.  For purposes of this part,  the 
        specifications, standards, and general  requirements 
        are  mandatory...''  The antenna  structure had  red 
        obstruction  lighting  for  nighttime  illumination, 
        but  was  not  painted.  According  to  the  Antenna 
        Structure   Registration   1238999   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, Spectrasite  Communications,  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
                 Buffalo Office
                 1307 Federal Building
                 111 W. Huron Street
                 Buffalo, New York 14202

  4.      This   Notice    shall   be    sent   to    Spectrasite 
     Communications, at it's address of record.

  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 

                                Gene J. Stanbro
                                Resident Agent
                                Buffalo 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.