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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-11-PA-0265
Antenna Structure Registrant )
ASR # 1044540 ) NOV No. V201232400015
Bordentown, New Jersey )
)
NOTICE OF VIOLATION
Released: December 19, 2011
By the District Director, Philadelphia 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, registrant of antenna structure # 1044540 in Bordentown, New
Jersey.
2. On November 10, 2011, agents of the Enforcement Bureau's Philadelphia
Office inspected antenna structure # 1044540 located at New Jersey
Highway 130 in Bordentown, 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 # 1044540 requires aviation orange and white paint and
red obstruction lighting in accordance with FAA circular number
70/7460-1G, paragraphs 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.
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 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 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
Philadelphia Office
One Oxford Valley Building, Suite 404
2300 East Lincoln Highway
Langhorne, Pennsylvania 19047
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
Gene J. Stanbro
District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89
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 specifying a dual lighting system and then modify the
antenna structure registration to reflect the new "no hazard"
determination, (2) modify the antenna structure registration if a new FAA
"no hazard" determination specifying painting and lighting has already
been obtained or (3) come into compliance with the current ASR by painting
the structure in accordance with FAA specifications.
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