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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Norfolk Southern Corp. )
) File No. EB-05-BF-
253
ASR # 1029350 )
Atlanta, GA ) NOV No. V20063228010
)
)
)
NOTICE OF VIOLATION
Released: December
7, 2005
By the Resident Agent, Buffalo Office, Northeast Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules (the
``Rules''),1 to Norfolk Southern Corp., owner of antenna
structure 1029350 in Westfield, New York.
2. On October 20, 2005, an agent of the Commission's
Buffalo Office inspected antenna structure 1029350
located near Westfield, New York and observed the
following violations:
1.a. 47 C.F.R. § 17.4 (g): "...the 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.
1.b. 47 C.F.R. § 17.51(b): ``All high
intensity and medium intensity
obstruction lighting shall be exhibited
continuously unless otherwise
specified.'' The registration for
antenna structure 1029350 specifies
that the tower must have a medium
intensity flashing white obstruction
light mounted at the top level, in
accordance with FAA Circular 70/7460-
1J/, chapters 4, 6 and 13. During the
inspection, the agent observed that the
medium intensity flashing white
obstruction light was not functioning.
The agent also determined that the
malfunction had not been reported to
the Federal Aviation Administration, as
required under 47 C.F.R. § 17.48.
3. Pursuant to Section 403 of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Norfolk Southern Corp., 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 Norfolk Southern
Corp. 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
Buffalo Office
1307 Federal Building
111 W. Huron Street
Buffalo, New York 14202
4. This Notice shall be sent to Norfolk Southern Corp at
its address of record.
5. 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
David A. Viglione
Resident Agent
Buffalo Office
Northeast Region
Enforcement Bureau
_________________________
147 C.F.R. § 1.89.
247 U.S.C. § 403.
3 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
4 18 U.S.C. § 1001 et seq.