County of Passaic Receives FCC Notice of Violation

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Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of )

)

County of Passaic )

Registrant of Antenna Structure ) File No. EB-08-NY-0235

ASR # 1053447 )

Paterson, New Jersey ) NOV No. V200832380038

)

NOTICE OF VIOLATION

Released: June 25, 2008

By the District Director, New York 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 County of Passaic, owner of antenna
structure # 1053447 in Paterson, New Jersey.

2. On June 18, 2008, an agent of the Commission's New York Office
inspected antenna structure # 1053447 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." At the time of
the inspection, no Antenna Structure Registration Number was
visible at the base of antenna structure # 1053447.

b. 47 C.F.R. S: 17.23: "Unless otherwise specified by the Commission,
each new or altered antenna structure 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," as referenced in the ...FAA Advisory Circulars." The
FCC's Antenna Structure Registration ("ASR") database currently
indicates that the antenna structure requires aviation orange and
white paint and red obstruction lighting in accordance with FAA
Circular Number 70/7460-1J, Chapters 3, 4, 5, 13. The antenna
structure does not conform to these recommendations, but is
equipped with a medium intensity flashing white obstruction
lighting system for daytime visibility, is not painted, and
therefore is in violation of 47 C.F.R. S: 17.23. In order to come
into compliance with the Commission's rules, County of Passaic
must: (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 ASR by removing the white
obstruction lighting and painting the tower.

c. 47 C.F.R. S: 17.57: "The owner must ... immediately notify the
Commission using FCC Form 854 upon any change in structure height
or change in ownership information." County of Passaic failed to
notify the Commission of a change of address and telephone number.
The telephone number listed in the ASR database was not in
service.

3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, County of Passaic must
submit a written statement concerning this matter within twenty (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 principal or officer of the
County of Passaic. 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

4. This Notice shall be sent to County of Passaic 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

Daniel W. Noel

District Director

New York District Office

Northeast Region

Enforcement Bureau

47 C.F.R. S: 1.89.

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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Federal Communications Commission
 
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