Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
US Cable of Paramus-Hillsdale, LLC ) File No. EB-08-NY-0355
Antenna Structure Owner )
Paramus, New Jersey ) NOV No. V200932380001
)
)
NOTICE OF VIOLATION
Released: October 3, 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 US Cable of Paramus-Hillsdale, LLC,
owner of an unregistered antenna structure located in Paramus, New
Jersey.
2. On September 16, 2008, an agent of the Commission's New York Office
inspected the antenna structure for US Cable of Paramus-Hillsdale, LLC
located on 590 Valley Health Plaza in Paramus, New Jersey (LAT
40-57-41.54, LON 074-04-23.03) and observed the following violation:
47 C.F.R. S: 17.4(a): "Effective July 1, 1996, the owner of any proposed
or existing antenna structure that requires notice of proposed
construction to the Federal Aviation Administration must register the
structure with the Commission." While notices of proposed construction
generally are required only for towers that exceed 200 feet, 47 C.F.R. S:
17.7(b) specifies circumstances under which notices of proposed
construction to the FAA are required for towers less than 200 feet that
are near airports. The agent determined that, pursuant to 47 C.F.R. S:
17.7(b)(1), the antenna structure located at 590 Valley Health Plaza in
Paramus, New Jersey required a notification of proposed construction to
the FAA and therefore required registration with the FCC. At the time of
the inspection, the agent found that US Cable of Paramus -Hillsdale, LLC
had failed to register its antenna structure with the Commission
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, US Cable of
Paramus-Hillsdale, 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 the tower owner. 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 10014-7046
4. This Notice shall be sent to US Cable of Paramus-Hillsdale, 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89.
On September 17, 2008, US Cable of Paramus-Hillsdale, LLC provided the New
York Office with a copy of the Notice of Proposed Construction or
Alteration (FAA Study No. 99-AEA-1784-OE) that US Cable of
Paramus-Hillsdale, LLC submitted to the Federal Aviation Administration on
June 14, 1999 for the construction of US Cable of Paramus-Hillsdale, LLC's
antenna structure. On July 20, 1999, the FAA granted the proposal and
specified that marking and/or lighting are necessary on the US Cable of
Paramus-Hillsdale, LLC tower in accordance with FAA Advisory Circular
70/7460-1J, Obstruction Marking and Lighting, Chapters 3 (Marked), 4, 5
(Red), & 13.
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