Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) High Tower Communications, Inc. ) File No. EB-10-NY-0509 Antenna Structure Registrant ) ASR # 1003317 ) Farmingville, New York ) NOV No. V201132380004 NOTICE OF VIOLATION Released: November 15, 2010 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 Rules1 to High Tower Communications, Inc., owner of antenna structure # 1003317 in Farmingville, New York. 2. On November 9, 2010, an agent of the Commission’s New York Office inspected antenna structure # 1003317 located at 95 Lidge Drive, Farmingville, New York, and observed the following violation: 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.” During the inspection, the agent observed that the paint on the structure was faded. 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, High Tower Communications, Inc. 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 High Tower Communications, Inc. 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: 147 C.F.R. § 1.89. 247 U.S.C. § 403. Federal Communications Commission 2 Federal Communications Commission New York Office 201 Varick Street, Suite 1151 New York, NY 10014 4. This Notice shall be sent to High Tower Communications, Inc. at its address of record. 5. The Privacy Act of 19743 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 District Office Northeast Region Enforcement Bureau 3P.L. 93-579, 5 U.S.C. § 552a(e)(3). 418 U.S.C. § 1001 et seq.