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

In the Matter of                )
New York City Fire Department   )            File No.   EB-05-NY-
Antenna Structure Registrant    )
ASR # 1248907                   )            NOV              No.  
Long Island City, New York      )

              5.                  NOTICE OF VIOLATION

Released:  October 12, 2005

By the District Director, New York Office, Enforcement Bureau:

     This is a Notice of Violation ("Notice") issued pursuant  to 
Section 1.89 of the  Commission's Rules,1 to  New York City  Fire 
Department, registered owner of antenna structure 1248907.

     On August 24, 2005,  an agent of  the Commission's New  York 
Office inspected the antenna structure, ASR # 1248907, located at 
32-04 Queens Boulevard, Long Island City, New York, and  observed 
the following violations:

  5.a.      47 C.F.R.  17.4(g):  ``[T]he Antenna  Structure 
            Registration  Number  must  be  displayed  in  a 
            conspicuous place so that it is readily  visible 
            near  the   base  of   the  antenna   structure.  
            Materials used to display the Antenna  Structure 
            Registration  Number must  be  weather-resistant 
            and of sufficient size to be easily seen at  the 
            base of  the antenna structure.''   At the  time 
            of    inspection,    no    Antenna     Structure 
            Registration Number was  visible at the base  of 
            the structure.

  5.b.      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,vmust  conform to  the 
            FAA's painting and lighting recommendations  set 
            forth on  the structure's determination of  ``no 
            hazard,''  as  referenced  in  the  .  .  .  FAA 
            Advisory Circulars....''  The antenna  structure 
            registration   for  structure   number   1248907 
            specifies painting  and lighting  specifications 
            in accordance with FAA Circular Number  70/7460-
            1H,  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 agent observed that the  antenna 
            structure    did   not    conform    to    these 
            specifications.   Although  the  structure   was 
            painted,   it   did  not   have   the   required 

     Pursuant to Section 403 of  the Communications Act of  1934, 
as amended,2 and Section 1.89 of the Commission's Rules, New York 
City Fire Department, 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  New  York  City   Fire  Department.   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 New York City Fire  Department 
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.  403.
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).
4 18 U.S.C.  1001 et seq.