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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Richland Towers-LLC ) File No. EB-11-NY-0303
Antenna Structure Registrant )
ASR # 1060205 ) NOV No. V201232380016
West Orange, NJ )
)
NOTICE OF VIOLATION
Released: November 30, 2011
By the District Director, New York District 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 Richland Towers-LLC, registrant of
antenna structure # 1060205 in West Orange, New Jersey.
2. On October 21, 2011, an agent of the Enforcement Bureau's New York
Office inspected antenna structure # 1060205, located at 416 Eagle
Rock Avenue, West Orange, 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 # 1060205 requires aviation orange and white paint and
red obstruction lighting in accordance with FCC paragraphs 1, 3, 12, and
21. 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, Richland Towers-LLC 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 FCC paragraphs 1, 3, 12, and 21.
3. Pursuant to section 403 of the Communications Act of 1934, as amended,
and section 1.89 of the Commission's rules, Richland Towers-LLC 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 member of Richland
Towers-LLC. 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 Richland Towers-LLC 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