**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Transcore ) File No. EB-08-PA-0491

Owner of Antenna Structure )

South Williamsport, Pennsylvania ) NOV No. V200932400004

)

)

NOTICE OF VIOLATION

Released: November 13, 2008

By the District Director, Philadelphia 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 Transcore, owner of an
    unregistered antenna structure located in South Williamsport,
    Pennsylvania.

2.  On October 22, 2008, an agent of the Commission's Philadelphia
    Office observed an antenna structure along Skyline Drive on Bald
    Eagle Mountain in South Williamsport, Pennsylvania (41-12-31 N
    Latitude 076-57-27 W Longitude) and found the following violation:

> 47 C.F.R. § 17.4(a): "Effective July 1, 1996, the owner of any
> proposed or existing antenna structure that requires notice of
> proposed construction to the Federal Aviation Administration must
> register the structure with the Commission." While notices of proposed
> construction generally are required only for towers that exceed 200
> feet, 47 C.F.R. § 17.7(b) specifies circumstances under which notices
> of proposed construction to the FAA are required for towers less than
> 200 feet that are near airports. The agent determined that, pursuant
> to 47 C.F.R. § 17.7(b)(1), the tower required a notification of
> proposed construction to the FAA and therefore required registration
> with the FCC.[^2] At the time of the inspection, the agent found that
> Transcore failed to register its antenna structure with the
> Commission.

3.  Pursuant to Section 403 of the Communications Act of 1934, as
    amended,[^3] and Section 1.89 of the Commission\'s Rules, Transcore
    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 tower owner. 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
>
> Philadelphia Office
>
> One Oxford Valley Building, Suite 404
>
> 2300 East Lincoln Highway
>
> Langhorne, Pennsylvania 19047

4.  This Notice shall be sent to Transcore at its address of record.

5.  The Privacy Act of 1974[^4] 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.[^5]

> FEDERAL COMMUNICATIONS COMMISSION
>
> Gene J. Stanbro
>
> District Director
>
> Philadelphia District Office
>
> Northeast Region
>
> Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^2]: The antenna structure requires notice of construction to the FAA
    and registration with the FCC because it fails the 100:1 slope
    criteria with respect to Williamsport Regional Airport. The agent
    used a Commission program called TOWAIR,
    http://wireless2.fcc.gov/UlsApp/ AsrSearch/towairSearch.jsp, to
    determine that Transcore's antenna structure exceeds the 100:1 slope
    criteria with respect to the Williamsport Regional Airport. This
    determination was based on the antenna structure's overall height
    above ground level of 39.4 meters, site elevation of 612 meters and
    NAD83 coordinates 41-12-31.0 North and 076-57-27.0 W.

[^3]: 47 U.S.C. § 403.

[^4]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^5]: 18 U.S.C. § 1001 *et seq.*