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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.