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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
WLNY TV INC ) File No. EB-06-NY-103
)
Registrant of Antenna Structure 1239609 ) NOV No. V20063238034
ASR # 1006717 )
Middle Island, New York )
NOTICE OF VIOLATION
Released: July 10, 2006
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to WLNY TV INC, owner of antenna
structure 1006717 in Middle Island, New York.
2. On May 16, 2006, an agent of the Commission's New York Office
inspected antenna structure 1006717 located in Middle Island, New
York, and observed the following violation:
47 C.F.R. S 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," as referenced in the.
. .FAA Advisory Circulars." The FCC's Antenna Structure Registration
("ASR") database currently indicates that the antenna structure requires
aviation orange and white paint and red obstruction lighting in accordance
with FAA Circular Number 70/7460-1J, Chapters 3, 4, 5, and 13. The antenna
structure does not conform to these recommendations, but is equipped with
a high intensity flashing white obstruction lighting system, and therefore
is in violation of 47 C.F.R. S 17.23. In order to come into compliance
with the Commission's rules, WLNY TV INC must: (1) obtain a new FAA "no
hazard" determination indicating that the current lighting system is
permitted and then submit a modified antenna structure registration to
reflect the new "no hazard" determination or (2) submit a modified
registration if a new FAA "no hazard" determination already has been
obtained.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, WLNY TV INC, 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
WLNY TV INC 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
4. This Notice shall be sent to WLNY TV INC at its address of record.
5. The Privacy Act of 1974 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York Office
Northeast Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission