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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Morgan Tower, Inc. ) File No. EB-07-PA-043

   Owner of Antenna Structure )

   ASR # 1060096 )

   Philadelphia, Pennsylvania ) NOV No. V20073240010 )



                              NOTICE OF VIOLATION

   Released: May 1, 2007

   By the District Director, Philadelphia 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 Morgan Tower, Inc., the owner of
       antenna structure 1060096 in Philadelphia, Pennsylvania.

    2. On January 29, 2007, at 7:30 p.m., an agent of the Commission's
       Philadelphia Office inspected antenna structure 1060096 located at
       7600 Stenton Avenue, Philadelphia, Pennsylvania. The inspection was
       conducted in response to a complaint of interference to a 12-channel
       trunk radio system. During the inspection, the agent observed the
       following violations:

     a. 47 C.F.R. S 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." During
        the inspection, the agent observed that the flashing red light at the
        top level of antenna structure 1060096 was extinguished. The agent
        also determined that spurious signals in the 150 MHz band were
        emanating from the obstruction light and were causing interference to
        the trunk radio system. Although the obstruction light's glass was
        cracked, the triggering element for the light continued to function
        and, therefore, the tower's monitoring system did not detect the
        extinguished light.

     b. 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 Circular." Antenna
        structure 1060096 is assigned painting and lighting specifications in
        accordance with Chapters 4, 6 and 12 of FAA Circular Advisory Number
        70/7460-1K, which requires a medium intensity flashing white lights
        at the top level to provide conspicuity both day and night. Morgan
        Tower, Inc., however, operates a dual lighting system that includes a
        medium intensity flashing white lights for daytime and twilight use
        and red lights for nighttime. In order to come into compliance with
        the Commission's rules, Morgan Tower, 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, (2) submit
        a modified registration if a new FAA "no hazard" determination
        already has been obtained, or (3) change the tower lights to flashing
        white lights for the daytime and nighttime consistent with the
        lighting requirements provided in the current Antenna Structure

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Morgan Tower, 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 the
       tower owner. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Morgan Tower, Inc. at its address of

    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.


   Gene Stanbro

   District Director

   Philadelphia 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