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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Morristown & Erie Railway, Inc. ) File No. EB-08-NY-0103


   Registrant of Antenna Structure ) NOV No. V200832380017

   ASR # 1218139 )

   Morristown, NJ )

                              NOTICE OF VIOLATION

   Released: April 2, 2008

   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, Morristown & Erie Railway, Inc.,
       owner of an antenna structure in Morristown, NJ, Antenna Structure
       Registration Number ("ASRN") 1218139.

    2. On March 17, 2008, an agent of the Commission's New York Office
       inspected the antenna structure, ASR # 1218139, located in Morristown,
       NJ, 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 ASRN was displayed at the base of the structure.

     b. 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 dual
        lighting system, consisting of medium intensity flashing white
        obstruction lighting 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, Morristown & Erie Railway, Inc. 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, or (2) submit a modified registration if a new FAA "no
        hazard" determination already has been obtained, or (3) comply 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, Morristown & Erie Railway,
       Inc. 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 Morristown & Erie Railway, Inc. 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 Morristown & Erie Railway, 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.


   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