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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Suffolk ) File No. EB-07-NY-282
)
Registrant of Antenna Structure ) NOV No. V20073238046
ASR # 1018616 )
Yaphank, NY )
NOTICE OF VIOLATION
September 13, 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 County of Suffolk, owner of antenna
structure 1018616.
2. On August 2, 2007, an agent of the Commission's New York Office
inspected antenna structure, ASR # 1018616, located in Melville, New
York, and observed the following violation:
47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when.
. . [t]hey exceed 60.96 meters (200 feet) in height above the ground or
they require special aeronautical study." The County of Suffolk antenna
structure is 76.2 meters. The ASR for structure number 1018616 indicates
that the tower requires 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 antenna structure did not conform to these specifications. The
structure was equipped with a dual lighting system, consisting of white
flashing strobes during the daytime and red lights at night. In order to
come into compliance with the Commission's rules, the County of Suffolk
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 dual lighting system and replacing it with red
obstruction lighting.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, County of Suffolk 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
County of Suffolk. 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 County of Suffolk 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