Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Delray Palm View, Inc. ) File No.  EB-11-MA-0160
)
Antenna Structure Owner )
) NOV No.  V201132600008
ASR # 1022485 ) 
)
Delray Beach, FL )
)
NOTICE OF VIOLATION
Released:  September 15, 2011
By the Resident Agent, Miami Office, South Central Region, Enforcement Bureau:
1. This is a Notice of Violation (“Notice”) issued pursuant to section 1.89 of the 
Commission’s rules,1 to Delray Palm View, Inc., owner of antenna structure number 1022485 in Delray 
Beach, Florida. 
2. On September 7, 2011, an agent of the Enforcement Bureau’s Miami Office inspected 
antenna structure number 1022485 located at 2101 South Congress Ave., Delray Beach, FL, and observed 
the following violation(s):
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 Federal Aviation Administration’s (“FAA’s”) painting and lighting 
recommendations set forth on the structure’s FAA determination of “no hazard,” as 
referenced in the. . .FAA Advisory Circulars.”  The FCC’s Antenna Structure 
Registration (“ASR”) database currently indicates that the antenna structure requires 
aviation orange and white paint and red obstruction lighting in accordance with FAA 
Circular Number 70/7460-1H, Chapters 3, 4, 5, and 13.  The antenna structure does 
not conform to these recommendations. The structure is not painted, and is equipped 
with a medium intensity flashing white obstruction lighting system, and therefore is 
in violation of 47 C.F.R. § 17.23.  In order to come into compliance with the 
Commission’s rules, Delray Palm View, Inc. 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” 
  
1 47 C.F.R. § 1.89.
Federal Communications Commission
2
determination, (2) submit a modified registration if a new FAA “no hazard” 
determination already has been obtained, or (3) come into compliance with the 
current requirements by removing the white obstruction lighting and painting 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, Delray Palm View, Inc. 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 Delray Palm View, 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:
Federal Communications Commission
Miami Office
P.O. Box 520617
Miami, FL 33152
4. This Notice shall be sent to by Certified Mail, Return Receipt Requested, and regular 
mail to Delray Palm View, 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
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
  
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.