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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
Bureau:
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission