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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Rochester City School District ) File No. EB-FIELDNER-13-00007354

   Antenna Structure Registrant )

   ASR # 1233216 ) NOV No. V201332400022

   Rochester, New York )

                              NOTICE OF VIOLATION

   Released:  March 28, 2013

   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 Rochester City School District
       (Rochester), registrant of antenna structure number 1233216 in
       Rochester, New York. 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 March 7, 2013, agents of the Enforcement Bureau's Philadelphia
       Office inspected antenna structure number 1233216 located in
       Rochester, New York and observed the following violations:

     a. 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, the
        Antenna Structure Registration Number was not posted.

     b. 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 # 1233216 requires marking
        and red obstruction lighting during the nighttime in accordance with
        FAA circular number 70/7460-1K, FAA Chapters  3, 4, 5, 12. At the
        time of inspection, the antenna structure's top level red obstruction
        light was not flashing but instead was steady burning.

     c. 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 two steady-burning red side
        markers at the 2/3 level and both steady-burning red side markers at
        the 1/3 level were extinguished.

     d. 47 C.F.R.S17.47(a): "The owner of any antenna structure which is
        registered with the Commission and has been assigned lighting
        specifications referenced in this part: (a)(1) Shall make an
        observation of the antenna structure's lights at least once each 24
        hours either visually or by observing an automatic properly
        maintained indicator designed to register any failure of such lights,
        to insure that all such lights are functioning properly as required;
        or alternatively, (2) Shall provide and properly maintain an
        automatic alarm system designed to detect any failure of such lights
        and to provide indication of such failure to the owner." At the time
        of the inspection, Rochester's representative told the agents that
        the lights on antenna structure number 1233216 were not visually
        monitored and that there was no automatic alarm system.

    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, Rochester 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 Rochester to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer
       for Rochester with personal knowledge of the representations provided
       in Rochester's 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 Rochester, City School District 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 District Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

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

   ^ 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