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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Warren County Department of Public Safety ) File No. EB-11-NY-0334
ASR # 1243900 )
Phillipsburg, New Jersey ) NOV No. V201232380013
)
)
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 Warren County Department of Public
Safety, owner of antenna structure # 1243900 in Phillipsburg, New
Jersey.
2. On November 3, 2011, an agent of the Commission's New York Office
inspected antenna structure # 1243900 located at 141 Fox Farm Road
Phillipsburg, New Jersey 08865, and observed the following violations:
a. 47 C.F.R. S: 17.51(b): All high intensity and medium intensity
obstruction lighting shall be exhibited continuously unless otherwise
specified. The agent observed that the medium intensity lights on the
structure were not functioning.
b. 47 C.F.R. S: 17.57: "The owner of an antenna structure for which an
Antenna Structure Registration Number has been obtained must notify
the Commission within 24 hours of completion of construction (FCC
Form 854-R) and/or dismantlement (FCC Form 854)." During the
inspection, the agent observed that construction of antenna structure
number 1243900 had been completed; the FCC's antenna structure
registration database, however, still showed the structure's status
as "granted."
c. 47 C.F.R. S: 17.4 (g): "The Antenna Structure Registration Number
must be displayed in a conspicuous place so that it is readily
visible near the base of the antenna structure." At the time of
inspection, no Antenna Structure Registration Number was readily
visible near the base of antenna structure # 1243900.
3. Pursuant to section 308(b) of the Communications Act of 1934, as
amended, and section 1.89 of the Commission's rules, Warren County
Department of Public Safety 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 Warren County Department of Public
Safety. 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 by Certified Mail/Return Receipt
Requested and regular mail to Warren County Department of Public
Safety 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: 308(b).
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