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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
ICBC Corporation ) File No. EB-05-NY-
328
) File No. EB-05-NY-
329
) File No. EB-05-NY-
330
)
Registrant of Antenna Structures ) NOV No.
V20063238012
ASR # 1046297 )
ASR # 1046298 )
ASR # 1046299 )
Lyndhurst, New Jersey )
5. NOTICE OF VIOLATION
Released: December
28, 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 ICBC Corporation,
owner of antenna structures 1046297, 1046298, and 1046299 in
Lyndhurst, New Jersey.
On November 29, 2005, an agent of the Commission's New York
Office inspected antenna structures 1046297, 1046298, and
1046299, located on Valley Brook Avenue in Lyndhurst, NJ, 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 database indicates that antenna
structures 1046297, 1046298, and 1046299 must comply
with the painting and lighting specifications in
Chapters 3, 4, 5, and 13 of FAA Advisory Circular
Number 70/7460-1H. Specifically, Chapter 5 requires
flashing red beacon lights at the midpoint and at
the top of the structure and steady burning red side
lights at the 1/4 and 3/4 levels. See FAA Advisory
Circular Number 70/7460-1H, Chapter 5, Appendix 1,
Figure 13. At the time of inspection, the agent
observed that antenna structures 1046297, 1046298,
and 1046299 did not have flashing red beacon lights
at the midpoint of the structure and the steady
burning red side lights were incorrectly located at
the 1/3 and 2/3 levels.
Pursuant to Section 403 of the Communications Act of 1934,
as amended,2 and Section 1.89 of the Commission's Rules, ICBC
Corporation 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 ICBC Corporation 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 ICBC Corporation 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.