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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Press Communications, LLC ) File No. EB-06-NY-146
)
ASR # 1237893 1239609 ) NOV No. V20063238048
Wall, New Jersey )
NOTICE OF VIOLATION
September 22, 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 Press Communications, LLC
("Press"), antenna structure registrant for antenna structure #
1237893.
2. On June 27, 2006, an agent of the Commission's New York Office
inspected antenna structure # 1237893 located at 2355 West Bangs
Avenue (South 1 of 2 towers), Neptune, New Jersey and observed the
following violations:
a. 47 C.F.R. S 17.21: "Antenna structures shall be painted and lighted
when: (a) They exceed 60.96 meters (200 feet) in height above the
ground or they require special aeronautical study." According to the
Antenna Structure Registration ("ASR") for antenna structure number
1237893, the structure measures 240.57 feet and the structure is
required to have painting and lighting in accordance with FCC
Paragraphs 1, 3, 11, and 21. Paragraph 1 requires painting with
alternate bands of aviation orange and white. Paragraph 3 and 11
requires red obstruction lighting. During the inspection, the agent
observed that the structure was not equipped with a top red beacon
light.
b. 47 C.F.R. S 17.50: "Antenna structures requiring painting under this
part shall be cleaned or repainted as often as necessary to maintain
good visibility." During the inspection, the agent observed that the
paint on the structure was faded.
c. 47 C.F.R. S 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854). The owner must also
notify the Commission using FCC Form 854 upon any change in structure
height or change in ownership information." Based on the agent's
review of the FCC's ASR database and measurements of the antenna
structure, Press failed to notify the Commission of a decrease in the
height of antenna structure # 1237893 from 240.57 feet to
approximately 177 feet.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Press, 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 Press 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 Press 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