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

In the Matter of                )
Northeast Passage Corporation   )            File No.   EB-05-NY-
ASR # 1063673                   )            NOV              No.  
Hightstown, New Jersey          )

              5.                  NOTICE OF VIOLATION

                                             Released:  March 17, 

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 Northeast  Passage 

     On January 10,  2005,  agents of  the Commission's New  York 
Office inspected the antenna structure, ASR # 1063673, located at 
319 Perrineville Rd., Hightstown, New Jersey 08520,  and observed 
the following violations:

  5.a.      47 C.F.R.  17.22:     ``Whenever  painting   or 
            lighting  is   required,  the  Commission   will 
            generally  assign specifications  in  accordance 
            with the FAA Advisory Circulars.''  The ASR  for 
            structure  number  1063673  indicates  that  the 
            tower   requires  painting   and   lighting   in 
            accordance with FAA Circular Number  70/7460-1H, 
            ``Obstruction Marking  and Lighting,''  Chapters 
            3, 4,  5 and  13.  Chapter  3 requires  painting 
            with  alternate  bands of  aviation  orange  and 
            white, and  Chapter 5  requires red  obstruction 
            lighting.   During the  inspection,  the  agents 
            observed  that that  the antenna  structure  did 
            not  conform   to  these  specifications.    The 
            structure  was  not painted,  but  instead,  was 
            equipped   with   a   dual   lighting    system, 
            consisting of white flashing strobes during  the 
            daytime and red lights at night.

  5.b.      47 C.F.R.  17.57:     ``The owner of an antenna 
            structure   for  which   an  Antenna   Structure 
            Registration  Number  has  been  obtained   must 
            notify  the   Commission  within  24  hours   of 
            completion  of  construction  (FCC  Form  854-R) 
            and/or   dismantlement    (FCC   Form    854).''  
            According to  the ASR,  the registration  number 
            1063673  is only  in  a `granted'  status.   The 
            owner  never  filed  a  completed   construction 
            notification  with  the FCC  advising  when  the 
            tower had been constructed.
     Pursuant to  Section 308(b)  of  the Communications  Act  of 
1934, as amended,2  and Section 1.89  of the Commission's  Rules, 
Northeast Passage Corporation,  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 Northeast Passage Corporation 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 Northeast Passage  Corporation 
at its address of record.

     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
                                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.