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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Delray Palm View, Inc. ) File No. EB-11-MA-0160


   Antenna Structure Owner )

   ) NOV No. V201132600008

   ASR # 1022485 )


   Delray Beach, FL )


                              NOTICE OF VIOLATION

   Released: September 15, 2011

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to section
       1.89 of the Commission's rules, to Delray Palm View, Inc., owner of
       antenna structure number 1022485 in Delray Beach, Florida.

    2. On September 7, 2011, an agent of the Enforcement Bureau's Miami
       Office inspected antenna structure number 1022485 located at 2101
       South Congress Ave., Delray Beach, FL, and observed the following

   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 Federal Aviation Administration's ("FAA's")
   painting and lighting recommendations set forth on the structure's FAA
   determination of "no hazard," as referenced in the. . .FAA Advisory
   Circulars." The FCC's Antenna Structure Registration ("ASR") database
   currently indicates that the antenna structure requires aviation orange
   and white paint and red obstruction lighting in accordance with FAA
   Circular Number 70/7460-1H, Chapters 3, 4, 5, and 13. The antenna
   structure does not conform to these recommendations. The structure is not
   painted, and is equipped with a medium intensity flashing white
   obstruction lighting system, and therefore is in violation of 47 C.F.R. S:
   17.23. In order to come into compliance with the Commission's rules,
   Delray Palm View, Inc. must: (1) obtain a new FAA "no hazard"
   determination indicating that the current lighting 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 requirements by removing the white obstruction
   lighting and painting the tower.

    3. Pursuant to section 403 of the Communications Act of 1934, as amended,
       and section 1.89 of the Commission's rules, Delray Palm View, Inc.
       must submit a written statement concerning this matter within 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
       Delray Palm View, Inc. 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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152

    4. This Notice shall be sent to by Certified Mail, Return Receipt
       Requested, and regular mail to Delray Palm View, Inc. 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.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central 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