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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
Bureau:
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.
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