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1. Before the
2. Federal Communications Commission
3. Washington, D.C. 20554
4.
In the Matter of )
)
Northeast Passage Corporation ) File No. EB-05-NY-
318
)
ASR # 1063673 ) NOV No.
V20063238014
Hightstown, New Jersey )
)
)
5. NOTICE OF VIOLATION
Released: December
30, 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 Northeast Passage
Corporation, owner of antenna structure 1063673.
On November 22, 2005, an agent of the Commission's New York
Office conducted an investigation of antenna structure 1063673
located at 319 Perrineville Road., Hightstown, New Jersey, and
noted 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 painting and
lighting recommendation set forth on the structure's
FAA determination of ``no hazard.'' The Antenna
Structure Registration for structure 1063673
indicates that the tower requires painting and
lighting in accordance with FAA Circular Number
70/7460-1H, ``Obstruction Marking and Lighting,''
Chapters 3, 4, 5 and 13. Chapter 3 requires
painting with alternate bands of aviation orange and
white for daytime visibility and Chapter 5 requires
red obstruction lighting for nighttime visibility.
During the investigation, the agent noted that the
structure had flashing white strobes in lieu of
paint. The agent also noted that the flashing white
strobes, not the required red obstruction lighting,
were on during nighttime hours.
Pursuant to Section 403 of the Communications Act of 1934,
as amended,2 and Section 1.89 of the Commission's Rules,
Northeast Passage Corporation, must submit a written statement
concerning this matter within (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 Northeast Passage 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 Northeast Passage 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.