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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cablevision of Newark ) File No. EB-07-NY-138
)
Registrant of Antenna Structure ) NOV No. V20073238035
ASR # 1045843 )
Newark, NJ )
NOTICE OF VIOLATION
Released: May 25, 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 Cablevision of Newark, owner of
antenna structure 1045843.
2. On May 1, 2007, an agent of the Commission's New York Office inspected
the antenna structure, ASR # 1045843, located in Newark, New Jersey,
and observed the following violation:
a. 47 C.F.R. S17.48(a): "The owner of any antenna structure which
is registered ... Shall report immediately by telephone or
telegraph to the nearest Flight Service Station or office of
the Federal Aviation Administration any observed or otherwise
known extinguishment or improper functioning of any top steady
burning light or any flashing obstruction light, regardless of
its position on the antenna structure, not corrected within 30
minutes. Such reports shall set forth the condition the light
or lights, the circumstances which caused the failure, the
probable date for restoration of service..." The agent observed
that the top-mounted flashing white obstruction light was not
operating at the required daytime intensity. Cablevision
personnel were immediately notified, yet a subsequent check of
the Federal Aviation Administration's DINS NOTAM database
showed no open NOTAM for the tower, indicating that the FAA was
not notified of the improperly functioning light.
b. 47 C.F.R. S 17.56(a): "Replacing or repairing of lights,
automatic indicators or automatic control alarm systems shall
be accomplished as soon as practicable." At the time of
inspection, the agent observed that the top-mounted flashing
white obstruction light was not operating at the required
daytime intensity. Because of hazards to air navigation,
Cablevision of Newark must diligently investigate the problem
and resolve the light failure.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Cablevision of Newark 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
Cablevision of Newark. 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 Cablevision of Newark 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