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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Public Service Electric and Gas Company ) File No. EB-10-NY-0321
ASR # 1044536 )
Edison, New Jersey ) NOV No. V201032380031
NOTICE OF VIOLATION
Released: August 2, 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 Public Service Electric and Gas
Company, owner of antenna structure # 1044536 in Edison, New Jersey.
2. On June 28, 2010, an agent of the Commission's New York Office
inspected antenna structure # 1044536 located at 234 Pierson Avenue,
Edison, New Jersey, 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 1044536 requires aviation orange and white
paint and red obstruction lighting in accordance with FAA Circular Number
70/7460-1G, Chapters 3, 4, 5, and 9. The antenna structure does not
conform to these recommendations, but is equipped with dual lighting with
red obstruction lighting at night and medium intensity white flashing
lights during the day. In order to come into compliance with the
Commission's rules, Public Service Electric and Gas Company 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 painting
the structure in accordance with FAA Circular Number 70/7460-1G, Chapters
3,4, 5, and 9.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Public Service Electric
and Gas Company, 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 Public Service Electric and Gas
Company. 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 Public Service Electric and Gas 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.
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