*Pages 1--2 from Microsoft Word - 59248.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- 145 Antenna Structure Registrant ) ASR # 1237892 ) NOV No. V20063238041 Wall, New Jersey ) ) ) NOTICE OF VIOLATION August 16, 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”), registrant of antenna structure # 1237892. 2. On June 27, 2006, an agent of the Commission’s New York Office inspected antenna structure # 1237892 located at 2355 West Bangs Avenue (North 2 of 2 towers) in Neptune, New Jersey and observed the following violation: 47 C. F. R. § 17. 23: “… each new or altered antenna structure… must conform to the FAA’s painting and lighting recommendations set forth on the structure’s determination of “no hazard”….” The FCC’s ASR database specifies painting and lighting specifications in accordance with FAA Circular Number 70/ 7460- 1G, Chapters 3, 4, 5 and 9 for antenna structure # 1237892. Chapter 3 requires painting with alternate bands of aviation orange and white and Chapter 5 requires red obstruction lighting. The antenna structure does not conform to the painting specifications, but is equipped with a high intensity flashing white obstruction lighting system. In order to come into compliance with the Commission’s rules, Press Communications, LLC 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 or (2) submit a modified registration if a new FAA “no hazard” determination already has been obtained. 1 47 C. F. R. § 1.89. 1 Federal Communications Commission 2 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 Communications, LLC 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