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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   New Cingular Wireless PCS, LLC ) File No. EB-07-NY-143


   Registrant of Antenna Structure )

   ASR # 1249373 ) NOV No. V20073238041

   North Caldwell, New Jersey )

                              NOTICE OF VIOLATION

   Released: June 12, 2007

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to New Cingular Wireless PCS, LLC,
       owner of antenna structure 1249373.

    2. On May 1, 2007, an agent of the Commission's New York Office inspected
       antenna structure, ASR # 1249373, located at 129 Gould Avenue, North
       Caldwell, New Jersey, and observed the following violation:

   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 Circulars." 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 FAA Circular Number 70/7460-1K, Chapters 3, 4, 5, and 12. The antenna
   structure does not conform to these recommendations, but is equipped with
   a medium 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 Cingular Wireless PCS, 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 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, New Cingular Wireless PCS,
       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 New Cingular Wireless PCS, LLC. 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 Cingular Wireless PCS, 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.


   Daniel W. Noel

   District Director

   New York District 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