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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Township of Rochelle Park ) File No. EB-08-NY-0208
)
Registrant of Antenna Structure ) NOV No. V200832380037
ASR # 1215853 )
Rochelle Park, NJ )
NOTICE OF VIOLATION
Released: June 20, 2008
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, Township of Rochelle Park, owner
of an antenna structure in Rochelle Park, NJ, Antenna Structure
Registration Number ("ASRN") 1215853.
2. On May 29, 2008, an agent of the Commission's New York Office
inspected the antenna structure, ASR # 1215853, located in Rochelle
Park, NJ, 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. During the inspection, the agent observed that the antenna
structure did not have the required painting and lighting.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Township of Rochelle Park
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 Township of Rochelle Park. 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 Township of Rochelle Park 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