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


In the Matter of                )
                                )
Genesee & Allegheny             )            File  No.  EB-05-BF-
109
Antenna Structure               )
ASR #:  1211880                 )            NOV              No.  
V20053228022
Hornell, New York               )
                                )


                       NOTICE OF VIOLATION

                                             
                                             Released: May 23, 
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 Rules1 to  
     Genesee & Allegheny, owner of Antenna Structure Number 
     (ASR#) 1211880

  2.      On April 21, 2005, an agent of the Commission's Buffalo 
     Office inspected ASR# 1211880, located at Tobes Road, 
     Hornell, New York , and observed the following violation(s):

       47 C.F.R. § 17.4(g): ``The Antenna Structure 
       Registration Number must be displayed in a 
       conspicuous place so that it is readily visible near 
       the base of the antenna structure.''  During the 
       inspection, the agent did not find an ASR# posted at 
       the base of the antenna structure.
        
  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, Genesee & Allegheny 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 Genesee & 
     Alleghany.  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 Genesee & Allegheny 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.