Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Nassau County Police Department ) File No. EB-07-NY-076
Registrant of Antenna Structure 1239609 )
ASR # 1224208 ) NOV No. V20073238033
Mineola, NY )
NOTICE OF VIOLATION
Released: May 24, 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 Nassau County Police Department
("Nassau County"), owner of antenna structure # 1224208 in Mineola,
NY.
2. On March 14, 2007, an agent of the Commission's New York Office
inspected antenna structure # 1224208, located at 1490 Franklin Ave,
Mineola, NY 11501, 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." The FCC's Antenna
Structure Registration ("ASR") database currently indicates that the
antenna structure number 1224208 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 high 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, Nassau County 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, Nassau County, 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
Nassau County. 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 Nassau County Police Department 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