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 )

   )

   Checkpoint of Pennsylvania, Inc. ) File No. EB-08-PA-0500

   Owner of Antenna Structure )

   South Williamsport, Pennsylvania ) NOV No. V200932400014

   )

   )

                              NOTICE OF VIOLATION

   Released: December 23, 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 Checkpoint of Pennsylvania, Inc.,
       owner of an unregistered antenna structure located in South
       Williamsport, Pennsylvania.

    2. On October 22, 2008, an agent of the Commission's Philadelphia Office
       observed an antenna structure along Skyline Drive on Bald Eagle
       Mountain in South Williamsport, Pennsylvania (41-12-31 N Latitude
       076-57-27 W Longitude) and found 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 tower 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 Checkpoint of Pennsylvania, Inc.
   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, Checkpoint of
       Pennsylvania, 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 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Checkpoint of Pennsylvania, 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 District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   The antenna structure requires notice of construction to the FAA and
   registration with the FCC because it fails the 100:1 slope criteria with
   respect to Williamsport Regional Airport. The agent used a Commission
   program called TOWAIR, http://wireless2.fcc.gov/UlsApp/
   AsrSearch/towairSearch.jsp, to determine that Checkpoint of Pennsylvania,
   Inc.'s antenna structure exceeds the 100:1 slope criteria with respect to
   the Williamsport Regional Airport. This determination was based on the
   antenna structure's overall height above ground level of 30.5 meters, site
   elevation of 612 meters and NAD83 coordinates 41-12-31.0 North and
   076-57-27.0 W.

   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