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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   SBC Tower Holdings LLC ) File No. EB-09-NY-0057

   ASR # 1003991 )

   Ballston, New York ) NOV No. V200932380022

                              NOTICE OF VIOLATION

   Released: March 3, 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 SBC Tower Holdings LLC, owner of
       antenna structure # 1003991 in Ballston, New York.

    2. On February 23, 2009, an agent of the Commission's New York Office
       inspected antenna structure # 1003991 located at 887 RT 67, Ballston,
       New York, and observed the following violation:

   47 C.F.R. S: 17.21: "Antenna structures shall be painted and lighted when
   . . . [t]hey exceed 60.96 meters (200 feet) in height above ground or they
   require special aeronautical study." The painting and lighting
   specifications for antenna structure number 1003991 require that the
   structure comply with FCC Chapters 4, 8, and 13 in accordance with FAA
   Circular Number 70/7460-1H. Chapter 5, paragraph 54, of FAA Circular
   Number 70/7460-1H states that "structures exceeding 150 feet (46 m) AGL...
   at least one red flashing (L-864) beacon should be installed in a manner
   to ensure an unobstructed view of one or more lights by a pilot." During
   the inspection, the agent observed that the lights did not switch at
   nighttime from white strobes to red flashing as per its lighting

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, SBC Tower Holdings 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 SBC Tower Holdings LLC. 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 SBC Tower Holdings LLC at its address of

    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 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