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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Cablevision of Newark ) File No. EB-FIELDNER-15-00020464
Owner of Antenna Structure No. 1045843 )
Newark, New Jersey ) NOV No. V201632380001
)
NOTICE OF VIOLATION
Released: January 14, 2016
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
* This is a Notice of Violation (Notice) issued pursuant to Section 1.89
of the Commission's rules (Rules) to Cablevision of Newark (Cablevision),
owner of antenna structure number 1045843, located in Newark, New Jersey.
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
violation noted herein.
* On November 23, 2015, an agent of the Enforcement Bureau's New York
Office inspected antenna structure #1045843 located at 360 Central Avenue,
Newark, New Jersey and observed the following violation:
47 C.F.R. S: 17.51(b): "All high intensity and medium intensity
obstruction lighting shall be exhibited continuously unless otherwise
specified." Antenna structure #1045843 is assigned painting and lighting
specifications in accordance with FAA Circular Number 70/7460-1J, FAA
Chapters 4, 8, 13. Chapter 4 specifies flashing beacons and/or steady
burning light during nighttime. At the time of inspection, the antenna
structure had no red obstruction lighting.
* 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, Cablevision
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.
* In accordance with Section 1.16 of the Rules, we direct Cablevision
to support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
Cablevision with personal knowledge of the representations provided
in Cablevision'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.
* 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
* This Notice shall be sent to Cablevision of Newark at its address
of record.
* 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
Stephen Maguire
District Director
New York Office
Northeast Region
Enforcement Bureau