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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Mountain Top Communications, LLC ) File No. EB-07-NY-140


   Registrant of Antenna Structure ) NOV No. V20073238034

   ASR # 1044879 )

   West Orange, NJ )

                              NOTICE OF VIOLATION

   Released: May 25,, 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 Mountain Top Communications, LLC,
       owner of antenna structure 1044879.

    2. On May 1, 2007, an agent of the Commission's New York Office inspected
       the antenna structure, ASR # 1044879, located in West Orange, 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 for daytime
   visibility, and therefore is in violation of 47 C.F.R. S 17.23. In order
   to come into compliance with the Commission's rules, Mountain Top
   Communications, 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, Mountain Top
       Communications, 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 Mountain Top Communications, 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 Mountain Top Communications, 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 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