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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
Archdiocese of New York Department of Education ) File No.
EB-05-NY-279
)
Registrant of Antenna Structure ) NOV No.
V20063238006
ASR # 1013991 )
Beacon, New York )
5. NOTICE OF VIOLATION
Released: November
9, 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 Archdiocese of New
York Department of Education.
On September 21, 2005, an agent of the Commission's New
York Office inspected the antenna structure, ASR # 1013991,
located on Mount Beacon, Beacon, NY 12508, and observed the
following violation:
47 C.F.R. § 17.50: ``Antenna structures requiring
painting under this part shall be cleaned or
repainted as often as necessary to maintain good
visibility.'' During the inspection, the agent
observed that the paint on the structure was faded.
Pursuant to Section 403 of the Communications Act of 1934,
as amended,2 and Section 1.89 of the Commission's Rules,
Archdiocese of New York Department of Education, 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 Archdiocese of New York Department of
Education 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 Archdiocese of New York
Department of Education 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.