*Pages 1--2 from Microsoft Word - 59790.doc* Federal Communications Commission Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Press Communications, LLC ) File No. EB- 06- NY- 146 ) ASR # 1237893 ) NOV No. V20063238048 Wall, New Jersey ) NOTICE OF VIOLATION September 22, 2006 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, 1 to Press Communications, LLC (“ Press”), antenna structure registrant for antenna structure # 1237893. 2. On June 27, 2006, an agent of the Commission’s New York Office inspected antenna structure # 1237893 located at 2355 West Bangs Avenue (South 1 of 2 towers), Neptune, New Jersey and observed the following violations: a. 47 C. F. R. § 17.21: “Antenna structures shall be painted and lighted when: (a) They exceed 60.96 meters (200 feet) in height above the ground or they require special aeronautical study.” According to the Antenna Structure Registration (“ ASR”) for antenna structure number 1237893, the structure measures 240.57 feet and the structure is required to have painting and lighting in accordance with FCC Paragraphs 1, 3, 11, and 21. Paragraph 1 requires painting with alternate bands of aviation orange and white. Paragraph 3 and 11 requires red obstruction lighting. During the inspection, the agent observed that the structure was not equipped with a top red beacon light. b. 47 C. F. R. § 17.50: “Antenna structures requiring painting under this part shall be cleaned or repainted as often as necessary to maintain good visibility.” During the inspection, the agent observed that the paint on the structure was faded. c. 47 C. F. R. § 17. 57: “The owner of an antenna structure for which an Antenna Structure Registration Number has been obtained must notify the Commission within 24 hours of completion of construction (FCC Form 854- 1 47 C. F. R. § 1.89. 1 Federal Communications Commission 2 R) and/ or dismantlement (FCC Form 854). The owner must also notify the Commission using FCC Form 854 upon any change in structure height or change in ownership information.” Based on the agent’s review of the FCC’s ASR database and measurements of the antenna structure, Press failed to notify the Commission of a decrease in the height of antenna structure # 1237893 from 240.57 feet to approximately 177 feet. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended, 2 and Section 1.89 of the Commission's Rules, Press, must submit a written statement concerning this matter within (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 Press with personal knowledge of the matter. 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 Press at its address of record. 5. The Privacy Act of 1974 3 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. 4 FEDERAL COMMUNICATIONS COMMISSION Daniel W. Noel District Director New York Office Northeast Region Enforcement Bureau 2 47 U. S. C. § 403. 3 P. L. 93- 579, 5 U. S. C. § 552a( e)( 3). 4 18 U. S. C. § 1001 et seq. 2