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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
New York City Fire Department ) File No. EB-05-NY-
219
Antenna Structure Registrant )
ASR # 1248907 ) NOV No.
V20063238001
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
lightning.
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
COMMISSION
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.