Click here for Adobe Acrobat version
Click here for Microsoft Word version

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 )


   Industrial Communications Company )

   Registrant of Antenna Structure ) File No. EB-09-NY-0026

   ASR # 1209893 )

   Belvidere, New Jersey ) NOV No. V200932380017


                              NOTICE OF VIOLATION

   Released: February  2, 2009

   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 Industrial Communications Company
       ("Industrial"), owner of antenna structure 1209893 in Belvidere, New

    2. On January 27, 2009, an agent of the Commission's New York Office
       conducted an investigation of antenna structure 1209893 and observed
       the following violations:

   a. 47 C.F.R. S: 17.4 (b) of the rules states "[e]xcept as provided in
   paragraph (e) of this section, each owner must file FCC Form 854 with the
   Commission. Additionally, each owner of a proposed structure referred to
   in paragraphs (a)(1) or (a)(3) of this section must submit a valid FAA
   determination of `no hazard.'" FAA determination 1999-AEA-2347-OE
   originally specified that painting and lighting was not required, but the
   determination was modified by the FAA on August 10, 2005, to require
   painting and lighting in accordance with FAA Advisory Circular 70/7460-1K
   Paragraphs 4, 8, and 12. Industrial must submit Form 854 to the Commission
   to change the painting and lighting specifications to be consistent with
   the current FAA determination of no hazard.

   b. 47 C.F.R. S: Section 17.48(a) of the Rules states that "[t]he owner of
   any antenna structure which is registered...[s]hall report immediately by
   telephone or telegraph to the nearest Flight Service Station or office of
   the Federal Aviation Administration any observed or otherwise known
   extinguishment or improper functioning of any top steady burning light or
   any flashing obstruction light, regardless of its position on the antenna
   structure, not corrected within 30 minutes." Antenna structure number
   1209893 is registered with the Commission and, according to FAA
   determination 1999-AEA-2347-OE, is required to have obstruction marking
   and lighting in accordance with FAA Advisory Circular 70/7460-1K
   Paragraphs 4, 8, and 12. Specifically, the structure is required to switch
   from white flashing strobe lights to flashing red obstruction lights at
   sunset local time. On December 8, 2008, January 7, and January 22, 2009,
   the New York Office received reports that the white strobe obstruction
   lights on antenna structure number 1209893 did not switch to flashing red
   obstruction lights after sunset local time, and that this problem was
   reported to the tower owner. An investigation revealed that the FAA was
   not notified of the failure to switch to the red obstruction lights.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Industrial 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
       Industrial. 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 Industrial Communications Company 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 District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 17.48(a).

   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