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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Stavola Realty Company ) File No.
EB-06-NY-147
Antenna Structure Registrant )
ASR # 1064455 1239609 ) NOV No. V20063238043
Tinton Falls, New Jersey )
)
)
NOTICE OF VIOLATION
August 17, 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 Stavola Realty Company ("Stavola").
2. On June 27, 2006, an agent of the Commission's New York Office
inspected the antenna structure, ASR # 1064455, located at Drift Road,
Tinton Falls, New Jersey and observed the following violation:
47 C.F.R. S 17.23: "...each new or altered antenna structure...must
conform to the FAA's painting and lighting recommendations set forth on
the structure's determination of "no hazard"...." The FCC's ASR database
specifies painting and lighting specifications in accordance with FAA
Circular Number 70/7460-1H, Chapters 4, 5 and 13 for antenna structure #
1064455. Chapter 5 requires red obstruction lighting. The antenna
structure does not conform to the painting specifications, but is equipped
with a dual lighting system, consisting of white flashing strobes during
the daytime and red lights at night. In order to come into compliance with
the Commission's rules, Stavola 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, Stavola, 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 Stavola
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 Stavola 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