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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   New York State Electric & Gas ) File No. EB-06-NY-139


   Registrant of Antenna Structure 1239609 ) NOV No. V20063238037

   ASR # 1006099 )

   Oneonta, New York )

                              NOTICE OF VIOLATION

   Released:  July 20, 2006

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to New York State Electric & Gas,
       owner of antenna structure 1006099 in Oneonta, New York.

    2. On June 22, 2006, an agent of the Commission's New York Office
       inspected antenna structure 1006099, located at the end of Tower
       Drive, Oneonta, NY 13820, observed the following violations:

     a. 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." 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 FCC Paragraphs 1, 3, 11, and 21. 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, New York State Electric & Gas
        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.

     b. 47 C.F.R. S 17.57: "The owner must . . . immediately notify the
        Commission using FCC Form 854 upon any change in structure height or
        change in ownership information." New York State Electric & Gas
        failed to notify the Commission that its phone number listed in the
        FCC's ASR database for Antenna Structure 1006099 had been changed.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, New York State Electric &
       Gas 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 New York State Electric & Gas 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 New York State Electric & Gas 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.


   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


                       Federal Communications Commission