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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Airways Inc. ) File No. EB-07-PA-051
Registrant of Antenna Structure )
ASR # 1036482 ) NOV No. V200832400011
Sharon, Pennsylvania )
)
)
NOTICE OF VIOLATION
Released: March 3, 2008
By the District Director, Philadelphia 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 Radio Airway ("Airway"), owner of
antenna structure #1036482 in Sharon, Pennsylvania.
2. On February 21, 2008, the FCC's Philadelphia Office inspected antenna
structure, ASR #
1036482, located in Sharon, Pennsylvania, and observed the following
violations:
a. 47 C.F.R. S: 17.4(g): "The Antenna Structure Registration Number must
be displayed in a conspicuous place so that it is readily visible
near the base of the antenna structure." At the time of the
inspection, no Antenna Structure Registration Number was displayed at
the base of the tower or on the fence surrounding the antenna
structure.
b. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
part
shall be cleaned or repainted as often as necessary to maintain good
visibility." At the time of the inspection, the agent observed that the
paint on antenna structure #1036482 was faded and the unpainted cables
that are fastened to the outside of the antenna structure partially hid
the paint on the tower.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Airway 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
Airway. 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
4. This Notice shall be sent to Radio Airways Inc. 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
Gene J. Stanbro
District Director
Philadelphia 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