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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Grandview Development LLC ) File No. EB-07-NY-155
ASR# 1054022 )
Central Islip, New York ) NOV No. V20073238038
NOTICE OF VIOLATION
June 4, 2007
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 Grandview Development LLC, owner of
antenna structure # 1054022 in Central Islip, New York.
2. On May 9, 2007, an agent of the Commission's New York Office inspected
antenna structure # 1054022 located in Central Islip, New York, 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 70/7460-1J, Chapters 3, 4, 5 and 13 for antenna structure
# 1054022. Chapter 3 requires painting in aviation orange and white and
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. During the inspection, the agent also observed
that there was faded paint on the tower. In order to come into compliance
with the Commission's rules, Grandview Development LLC 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) come into compliance with the current ASR by
removing the white obstruction lighting and re-painting the tower.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Grandview Development LLC,
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
New York Office
201 Varick Street, Suite 1151
New York, New York 10014
4. This Notice shall be sent to Grandview Development LLC 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.
2
Federal Communications Commission