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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                 )
Roger L. Hoppen                  )         File No. EB-06-
ASR # 1228730                    )         NOV           No.  
Arcadia, Michigan                )

                     NOTICE OF VIOLATION

Released:  January 25, 2006                  

By the District Director, Detroit Office, Northeast Region, 
Enforcement Bureau:

   1.     This is a Notice of Violation (``Notice'') issued 
     pursuant to Section 1.89 of the Commission's Rules1 to 
     Roger L. Hoppen, owner of antenna structure #1228730 in 
     Arcadia, Michigan.

   2.     On January 10, 2006, an agent of the Commission's 
     Detroit Office inspected antenna structure #1228730 
     located at Arcadia, Michigan, 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 painting and 
        lighting recommendations set forth on the 
        structure's FAA determination of ``no 
        hazard''...''  The Antenna Structure 
        Registration for structure ASR# 1228730 
        indicates that the tower requires painting and 
        lighting in accordance with FAA Circular Number 
        70/7460-1K, FAA Chapters 3, 4, 5 and 12.  
        Chapter 3 requires painting with alternate 
        bands of aviation orange and white for daytime 
        visibility; Chapter 5 requires red obstruction 
        lighting for nighttime visibility.  During the 
        inspection, the agent observed that the 
        structure was not painted and had a top 
        flashing white strobe in lieu of painting.  A 
        new FAA study and a modification to the tower's 
        antenna structure registration are necessary 
        before a tower owner may use a top flashing 
        white strobe in lieu of painting.

   3.     Pursuant to Section 403 of the Communications Act 
     of 1934, as amended,2 and Section 1.89 of the 
     Commission's Rules, Roger L. Hoppen, 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 taken to correct each violation 
     and preclude recurrence, and should include a time line 
     for completion of pending corrective action.  The 
     response must be complete in itself and signed by a 
     principal or officer of the tower owner.  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
                  Detroit Office
                  24897 Hathaway Street
                  Farmington Hills, Michigan 48335-1552

   4.     This Notice shall be sent to Roger L. Hoppen at 
     his 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


                         James A. Bridgewater
                         District Director
                         Detroit District Office
                         Northeast Region
                         Enforcement Bureau

Cc: Fred Hannel


147 C.F.R.  1.89.

247 U.S.C.  403.

3P.L. 93-579, 5 U.S.C.  552a(e)(3).

418 U.S.C.  1001 et seq.