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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
New Jersey Turnpike Authority, Parkway Division ) File No. EB-11-NY-0328
ASR # 1256639 )
Bloomfield, New Jersey ) NOV No. V201232380009
NOTICE OF VIOLATION
Released: November 22, 2011
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 Turnpike Authority,
Parkway Division, owner of antenna structure # 1256639 in Bloomfield,
New Jersey.
2. On November 3, 2011, an agent of the Commission's New York Office
inspected antenna structure # 1256639 located at Mile Post 153.8 on
Garden State Parkway, 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 1256639 requires aviation orange and white paint
and red obstruction lighting in accordance with FAA Circular Number
70/7460-1K, Chapters 3, 4, 5, and 12. 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, and therefore is in violation of 47 C.F.R. S:
17.23. In order to come into compliance with the Commission's rules, New
Jersey Turnpike Authority, Parkway Division 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 70/7460-1K, Chapters 3,4, 5, and 12.
3. Pursuant to section 403 of the Communications Act of 1934, as amended,
and section 1.89 of the Commission's rules, New Jersey Turnpike
Authority, Parkway Division 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 an authorized official of New Jersey Turnpike Authority,
Parkway Division. 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 Turnpike Authority, Parkway
Division 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