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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
County of Suffolk ) File No. EB-10-NY-0172
ASR # 1018616 )
Melville, New York ) NOV No. V201032380015
NOTICE OF VIOLATION
Released: April 12, 2010
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 County of Suffolk, owner of antenna
structure # 1018616 in Melville, New York.
2. On April 2, 2010, an agent of the Commission's New York Office
inspected antenna structure # 1018616 located at Mt Misery Road,
Melville, New York, 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." The FCC's
Antenna Structure Registration ("ASR") database currently indicates that
antenna structure number 1018616 requires dual lighting with red
obstruction lighting at night and medium intensity white flashing lights
during the day in accordance with FAA Circular Number 70/7460-1K, Chapters
4, 8, and 12. The antenna structure does not conform to these
recommendations, but is equipped with faded aviation orange and white
paint and only red obstruction lighting, and therefore is in violation of
47 C.F.R. S: 17.23. In order to come into compliance with the Commission's
rules, County of Suffolk must: (1) obtain a new FAA "no hazard"
determination indicating that the current system is permitted and then
submit a modified antenna structure registration to reflect the new "no
hazard" determination , (2) submit a modified registration if a new FAA
"no hazard" determination already has been obtained or (3) come into
compliance with the current ASR by adding medium white obstruction
lighting in accordance with FAA Circular Number 70/7460-1K, Chapters 4, 8,
and 12.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, County of Suffolk, 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
County of Suffolk. 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 County of Suffolk 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.
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