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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
New Jersey Turnpike Authority ) File No. EB-11-PA-0271
Antenna Structure Registrant )
ASR # 1062641 ) NOV No. V201232400022
Dover, New Jersey )
)
NOTICE OF VIOLATION
Released: January 9, 2012
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 the New Jersey Turnpike Authority
("NJTA"), registrant of antenna structure # 1062641 in Dover, New
Jersey.
2. On December 1, 2011 at 12:48 p.m. and December 21, 2011 at 8:05 p.m.,
an agent of the Enforcement Bureau's Philadelphia Office inspected
antenna structure # 1062641 located at mile post 84.1 along the Garden
State Parkway at the coordinates 39-59-17.0 North Latitude 074-12-36.0
West Longitude 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' ...." At the
time of the inspection, antenna structure # 1062641 was painted for
daytime marking and displayed a white medium intensity strobe light at the
top-level for nighttime illumination. The antenna structure does not
conform to the lighting requirements of the most recent Federal Aviation
Administration Determination of No Hazard (FAA Study No. 1993-AEA-658-OE),
which specifies high intensity white obstruction lighting 24 hours a day.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's rules, the NJTA 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 the NJTA. 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 the New Jersey Turnpike Authority 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
David C. Dombrowski
Acting District Director
Philadelphia District Office
Northeast Region
Enforcement Bureau
47 C.F.R. S: 1.89
At the time of the inspection, the FCC Antenna Structure Registration
("ASR") specified that antenna structure # 1062641 must have painting, red
obstruction lighting and white obstruction lighting in accordance with FAA
Chapters 3, 4, 5, 6 8, and 13 of FAA Advisory Circular 70/7460-1H.
However, these requirements do not correspond with the painting and
lighting requirement specified in the most recent FAA Determination of No
Hazard (FAA Study No. 1993-AEA-658-OE), which requires high intensity
white obstruction lighting. To correct all discrepancies and violations,
the NJTA must install high intensity white obstruction lighting on the
antenna structure and modify the Antenna Structure Registration so that it
corresponds with the lighting requirements specified in the most recent
FAA Determination. Alternatively, the NJTA could submit a new FAA study
application requesting permission to paint the tower and display white
medium intensity lighting at nighttime. If approved, the NJTA would then
have to modify the FCC Antenna Structure Registration so that it
corresponds with the new FAA Determination of No Hazard.
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
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