## Before the {#before-the .NOV-Main-Header}

## Federal Communications Commission {#federal-communications-commission .NOV-Main-Header}

## Washington, D.C. 20554 {#washington-d.c.-20554 .NOV-Main-Header}

##  {#section .NOV-Main-Header}

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 {#notice-of-violation .NOV-Main-Header}

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.

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

[^1]: 47 C.F.R. § 1.89.

[^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.*