******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   City of Philadelphia ) Case No. EB-FIELDNER-12-00005196

   )

   Registrant of Antenna Structure ) NOV No. V201332400002

   ASR # 1202731 )

   Philadelphia, Pennsylvania )

   )

                              NOTICE OF VIOLATION

   Released: November 19, 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 (Rules), to City of Philadelphia, the
       registrant of antenna structure # 1202731 in Philadelphia,
       Pennsylvania. Pursuant to Section 1.89(a) of the Rules, issuance of
       this NOV does not preclude the Enforcement Bureau from further action
       if warranted, including issuing a Notice of Apparent Liability for
       Forfeiture for the violations noted herein.

    2. On November 5, 2012 at 3:30 p.m., an agent of the Enforcement Bureau's
       Philadelphia Office inspected antenna structure # 1202731, which is
       located at Ivans and Horner Streets, Philadelphia, Pennsylvania at the
       coordinates 40o 03' 36.4" North Latitude 075o 14' 25.6" West
       Longitude, and observed the following violations:

     a. 47 C.F.R. S: 17.51(a): "All red obstruction lighting shall be
        exhibited from sunset to sunrise unless otherwise specified." At the
        time of the inspection, one of the antenna structure's three
        mid-level red obstruction lights was extinguished.

     b. 47 C.F.R. S: 17.50: "Antenna structures requiring painting under this
        part shall be cleaned or repainted as often as necessary to maintain
        good visibility." At the time of the inspection, the paint on the
        antenna structure was severely faded and chipped.

     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. Materials used to display the
        Antenna Structure Registration Number must be weather-resistant and
        of sufficient size to be easily seen at the base of the antenna
        structure." At the time of inspection, there was no registration
        number posted at or near the base of the antenna structure.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Rules, we seek additional information
       concerning the violations and any remedial actions taken. Therefore,
       the City of Philadelphia must submit a written statement concerning
       this matter within twenty (20) days of release of this Notice. The
       response (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself 
       and must not be abbreviated by reference to other communications or
       answers to other notices.

    4. In accordance with Section 1.16 of the Rules, we direct the City of
       Philadelphia to support its response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by an
       authorized officer of the City of Philadelphia with personal knowledge
       of the representations provided in the City of Philadelphia response,
       verifying the truth and accuracy of the information therein, and
       confirming that all of the information requested by this Notice which
       is in the licensee's possession, custody, control, or knowledge has
       been produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.

    5. 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

    6. This Notice shall be sent to the City of Philadelphia at its address
       of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   David C. Dombrowski

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   On February 14, 2012, the Philadelphia Office issued a Notice of Violation
   to the City of Philadelphia for failing to repaint antenna structure #
   1202731. In a response letter dated March 20, 2012, the City of
   Philadelphia stated that it would install a Medium Dual Lighting System in
   lieu of painting the antenna structure.

   On February 14, 2012, the Philadelphia Office issued a Notice of Violation
   to the City of Philadelphia for failing to post the antenna structure
   number. In a response letter dated March 20, 2012, the City of
   Philadelphia stated that would install signage with the ASR # 1202731
   clearly visible from multiple points around the structure.

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission

   3

                       Federal Communications Commission