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NE Passage Inc., Hightstown, NJ

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Released: August 7, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
NE Passage Inc.
File No.: EB-FIELDNER-13-00010092
Owner of Antenna Structure No. 1063673
Hightstown, New Jersey
NOV No.: V201332400039


Released: August 7, 2013

By the District Director, Philadelphia Office, Northeast Region, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission's rules (Rules)1 to NE Passage Inc. (NE Passage), owner of antenna structure number
1063673 located in Hightstown, New Jersey. Pursuant to Section 1.89(a) of the Rules, issuance of this
Notice does not preclude the Enforcement Bureau from further action if warranted, including issuing a
Notice of Apparent Liability for Forfeiture for the violations noted herein.2
On July 22, 2013, agents of the Enforcement Bureau's Philadelphia Office inspected
antenna structure number 1063673 located at 319 Perrineville Road, Hightstown, New Jersey at the
coordinates 40o 15' 16" North Latitude 074o 30' 34" West Longitude and observed the following
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. Materials used to display the Antenna Structure
Registration Number must be weather-resistant and of sufficient size to be
easily seen at the base of the antenna structure." At the time of the
inspection, the Antenna Structure Registration Number was not posted.
47. C.F.R. 17.51(b): "All high intensity and medium intensity obstruction
lighting shall be exhibited continuously unless otherwise specified." At the
time of the inspection, one of the two white strobe lights at the mid-level of

1 47 C.F.R. 1.89.
2 47 C.F.R. 1.89(a).

Federal Communications Commission

the antenna structure and all white strobe lights at the top-level were
47 C.F.R.17.47(a): "The owner of any antenna structure which is registered
with the Commission and has been assigned lighting specifications
referenced in this part: (a)(1) Shall make an observation of the antenna
structure's lights at least once each 24 hours either visually or by observing
an automatic properly maintained indicator designed to register any failure of
such lights, to insure that all such lights are functioning properly as required;
or alternatively, (2) Shall provide and properly maintain an automatic alarm
system designed to detect any failure of such lights and to provide indication
of such failure to the owner." The owner of NE Passage indicated that no
one was monitoring the obstruction lighting once each 24 hours and there
was no automatic alarm system installed and operational.
47 C.F.R. 17.23: "Unless otherwise specified by the Commission, each
new or altered antenna structure to be registered on or after January 1, 1996,
must conform to the FAA's painting and lighting recommendations set forth
on the structure's FAA determination of `no hazard' ...." The FCC's
Antenna Structure Registration (ASR) database currently specifies that
antenna structure number 1063673 requires painting for daytime visibility
and red obstruction lighting during the nighttime in accordance with FAA
circular number 70/7460-1H, chapters 3, 4, 5 and 13. The antenna structure
does not conform to the painting and lighting specifications given in the FCC
ASR database because it is not painted and it is equipped with medium
intensity flashing white obstruction lighting during the daytime and with red
obstruction lighting during the nighttime.3
47 C.F.R. 17.57: "The owner of an antenna structure for which an Antenna
Structure Registration Number has been obtained must ... immediately notify
the Commission using FCC Form 854 upon any change in structure height or
change in ownership information." At the time of the inspection, the antenna
structure had an overall height of 116.4 meters (382 feet) above ground level
but the ASR specified that the antenna structure 1063673 had an overall
height of 78.3 meters (256.9 feet) above ground level. Furthermore, the
mailing address listed for NE Passage on the ASR was no longer correct.

3 On April 26, 2006, NE Passage obtained a Determination of No Hazard from the Federal Aviation Administration
(FAA) in Aeronautical Study No. 2006-AEA-1463-OE specifying that antenna structure number 1063673 have a
dual lighting system in accordance with FAA circular number 70/7460-1K, FAA Chapters 4, 8 and 12. NE Passage
must submit an application with Commission for modification of the overall height for the antenna structure and
include copy of the latest FAA "no hazard" determination with the application.

Federal Communications Commission

Pursuant to Section 403 of the Communications Act of 1934, as amended,4 and Section
1.89 of the Rules, we seek additional information concerning the violations and any remedial actions
taken. Therefore, NE Passage must submit a written statement concerning this matter within twenty (20)
days of release of this Notice. The response (i) must fully explain each violation, including all relevant
surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to
correct each violation and preclude recurrence, and (iii) must include a time line for completion of any
pending corrective action(s). The response must be complete in itself and must not be abbreviated by
reference to other communications or answers to other notices.5
In accordance with Section 1.16 of the Rules, we direct NE Passage to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an
authorized officer of NE Passage with personal knowledge of the representations provided in NE
Passage's response, verifying the truth and accuracy of the information therein,6 and confirming that all of
the information requested by this Notice which is in the company's possession, custody, control, or
knowledge has been produced. To knowingly and willfully make any false statement or conceal any
material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S.
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
This Notice shall be sent to NE Passage Inc. at its address of record.

4 47 U.S.C. 403.
5 47 C.F.R. 1.89(c).
6 Section 1.16 of the Rules provides that "[a]ny document to be filed with the Federal Communications Commission
and which is required by any law, rule or other regulation of the United States to be supported, evidenced,
established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the
person making the same, may be supported, evidenced, established or proved by the unsworn declaration,
certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially the following form . . . : `I declare (or certify,
verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'."
47 C.F.R. 1.16.
7 18 U.S.C. 1001 et seq. See also 47 C.F.R. 1.17.

Federal Communications Commission

The Privacy Act of 19748 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.
David C. Dombrowski
District Director
Philadelphia Office
Northeast Region
Enforcement Bureau

8 P.L. 93-579, 5 U.S.C. 552a(e)(3).

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