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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
New Jersey Transit Rail Operations ) File No. EB-10-NY-0290
ASR # 1065372 )
South Amboy, New Jersey ) NOV No. V201032380021
NOTICE OF VIOLATION
Released: June 21, 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 New Jersey Transit Rail Operations,
owner of antenna structure # 1065372 in South Amboy, New Jersey.
2. On June 9, 2010, an agent of the Commission's New York Office
inspected antenna structure # 1065372 located at 0.7 miles South East
of New Jersey Route 9 & Route 35, South Amboy, New Jersey, and
observed the following violation:
47 C.F.R. S: 17.50: "Antenna structures requiring painting under this part
shall be cleaned or repainted as often as necessary to maintain good
visibility." During the inspection, the agent observed that the paint on
the structure was faded.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, New Jersey Transit Rail
Operations 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 New Jersey Transit Rail Operations. 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 New Jersey Transit Rail Operations 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