Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                1.                       Before the
          2.            Federal Communications Commission
             3.                 Washington, D.C. 20554
                  4.                            

In the Matter of                )
                                )
Orange and Rockland Utilities, Inc.          )    File  No.   EB-
05-NY-226
Antenna Structure Registrant    )
ASR # 1204248                   )            NOV              No.  
V20063238003
Middletown, New York            )
                                )
                                )


              5.                  NOTICE OF VIOLATION

                                             Released:  October 
13, 2005

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 Orange and  Rockland 
Utilities, Inc., registered owner of antenna structure 1204248.

     On September 14, 2005, an agent of the Commission's New York 
Office inspected antenna structure 1204248, located at 71  Dolson 
Avenue,  Middletown,  NY  10940,   and  observed  the   following 
violation:

       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,  must conform  to  the FAA's  determination  of 
       ``no hazard,'' as referenced in the. . .FAA  Advisory 
       Circulars.  .  . .''   The  FCC's  Antenna  Structure 
       Registration (``ASR'')  database currently  indicates 
       that  the antenna  structure requires  paint and  red 
       obstruction lighting.   The antenna structure is  not 
       painted,  but  is  equipped  with  a  dual   lighting 
       system, and therefore is in violation of 47 C.F.R.  § 
       17.23.  In  order to  come into  compliance with  the 
       Commission's rules, the antenna structure  registrant 
       must:    (1)  obtain   a   new  FAA   ``no   hazard'' 
       determination indicating that a dual lighting  system 
       is  permitted  and then  submit  a  modified  antenna 
       structure  registration  to  reflect  the  new   ``no 
       hazard''  determination  or  (2)  submit  a  modified 
       registration   if    a   new   FAA   ``no    hazard'' 
       determination already has been obtained.

     Pursuant to Section 403 of  the Communications Act of  1934, 
as amended,2 and Section 1.89  of the Commission's Rules,  Orange 
and Rockland  Utilities, Inc.,  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  Orange and  Rockland  Utilities, Inc.  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 Orange and Rockland  Utilities, 
Inc. 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.