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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Dalrymple Realty Corp. ) File No.: EB-FIELDNER-13-00009892 )

   Owner of Antenna Structure No. 1006946 ) NOV No.: V2013324000033


   Elmira, New York )

                              NOTICE OF VIOLATION

                                                      Released: July 24, 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 Dalrymple Realty Corp.
       (Dalrymple), owner of antenna structure number 1006946 in Elmira, New
       York. Pursuant to Section 1.89(a) of the Rules, issuance of this
       Notice 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 July 11, 2013, an agent of the Enforcement Bureau's Philadelphia
       Office inspected antenna structure number 1006946 located on Comfort
       Hill Road, Elmira, New York at the coordinates 42-01-55 North Latitude
       076-47-01 West Longitude and observed the following violations:

     a. 47. C.F.R. S 17.51(b): "All high intensity and medium intensity
        obstruction lighting shall be exhibited continuously unless otherwise
        specified." At the time of the inspection, the top level white strobe
        was extinguished on the antenna structure.

     b. 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, representatives from Sound Communications were
        responsible for monitoring the obstruction lights on antenna
        structure number 1006946 on behalf of Dalrymple. However, the Sound
        Communications representatives informed the agent that they were not
        visually monitoring the obstruction lights once each 24 hours and
        there was no automatic alarm system  installed and operational.

     c. 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 number 1006946 requires
        marking and red obstruction lighting during the nighttime in
        accordance with FAA circular number 70/7460-1F, FAA Chapters 3, 4, 5
        and 9. The antenna structure does not conform to these
        recommendations because it is equipped with medium intensity flashing
        white obstruction light for day in lieu of marking.^

     d. 47 C.F.R. S 17.4(a): "the owner of any proposed or existing antenna
        structure that requires notice of proposed construction to the
        Federal Aviation Administration must register the structure with the
        Commission."  At the time of the inspection, Dalrymple owned antenna
        structure number 1006946 but the ASR database listed T&K
        Communications Systems Inc. as the owner.

    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, Dalrymple 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 Dalrymple to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Dalrymple with personal knowledge of the representations provided in
       Dalrymple'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 company'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 Dalrymple 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.


   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).

   ^ In order to come into compliance with the Commission's rules, Delrymple
   must do one of the following: (1) obtain a new FAA "no hazard"
   determination indicating that the current lighting 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 requirements by repainting the antenna
   structure and operating red obstruction lighting at night.

   ^ 47 U.S.C. S 403.

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

   ^ Section 1.16 of the 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


                       Federal Communications Commission