**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

In the Matter of )

)

Radio Airways Inc. ) File No. EB-07-PA-051

Registrant of Antenna Structure )

ASR \# 1036482 ) NOV No. V200832400011

Sharon, Pennsylvania )

)

)

NOTICE OF VIOLATION

Released: March 3, 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 Radio Airway
    ("Airway"), owner of antenna structure #1036482 in Sharon,
    Pennsylvania.

2.  On February 21, 2008, the FCC's Philadelphia Office inspected
    antenna structure, ASR \#

> 1036482, located in Sharon, Pennsylvania, and observed the following
> violations:

a.  47 C.F.R. § 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 displayed
    at the base of the tower or on the fence surrounding the antenna
    structure.

> 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." At the time of the inspection, the agent observed that
> the paint on antenna structure #1036482 was faded and the unpainted
> cables that are fastened to the outside of the antenna structure
> partially hid the paint on the tower.

3.  Pursuant to Section 403 of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Airway
    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 Airway. 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 Radio Airways Inc. 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

> Gene J. Stanbro
>
> District Director
>
> Philadelphia 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.*