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


In the Matter of                )
                                )
New York Power Authority        )            File  No.  EB-05-BF-
054
                                )
ASR# 1004991                    )            NOV              No.  
V20053228015
Batavia, New York               )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: April 6, 
2005

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 New 
     York Power Authority, owner of tower, ASR# 1004991.

  2.      On March 24, 2005 an agent of the Commission's Buffalo 
     Office inspected a tower located,  4000 feet NE of Town Line 
     Road and Maple Street., and observed the following 
     violation:

  2.a.      47 C.F.R. § 17.50:  ``Antenna structures 
            requiring painting under this part shall be 
            cleaned or repainted as often as necessary in 
            order to maintain good visibility.''  The agent 
            noted that the paint on the tower is chipped 
            and faded.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, New York Power Authority 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 
     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.  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
                 Buffalo, New York 14202



  4.      This Notice shall be sent to New York Power Authority 
     at its 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 
COMMISSION



                                                                       
Gene J. Stanbro
                                Resident Agent
                                Buffalo Office
                                Northeast Region
                                Enforcement Bureau





_________________________

147 C.F.R. § 1.89.

247 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.