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                           Before the
                FEDERAL COMMUNICATIONS COMMISSION
                     Washington, D.C. 20554

In the Matter of                   )
                              )
Cliff Cassity                      )         Ref . No.: 
V20033286003
51-010 Lau Pl.                     )                   EB-03-HL-
077
Kaaawa, Hawaii  96730              )                   M/V 
KAIMALINO

                  OFFICIAL NOTICE OF VIOLATION
                                    Released:  September 24, 2003

By the Enforcement Bureau, Honolulu Resident Agent Office:
                
     1.   This is an Official Notice of Violation ("NOV") issued 
pursuant to Section 1.89 of the Commission's Rules ("the Rules"), 
47 C.F.R.  1.89, to Cliff Cassity for transmitting unauthorized 
communications on 121.5 MHz, in violation of Section 80.89(a) of 
the Rules, 47 C.F.R.  80.89(a).

     2.   On September 23, 2003, agents of the FCC's Honolulu 
Resident Agent Office tracked an active Emergency Position 
Indicator Radio Beacon (EPIRB) on 121.5 MHz to the vessel 
KAIMALINO, docked at the Ala Wai Yacht Harbor.  The EPIRB 
activation was the result of improper storage and handling.

     3.   Section 80.89(a) of the Rules prohibits unauthorized or 
superfluous transmissions. Interference to 121.5 MHz, the 
maritime distress and safety frequency, is a violation of the 
most critical nature, with potential impact upon safety of life 
and property.  Not only is harmful interference caused to a vital 
safety frequency, but a false activation could possibly obscure 
genuine distress transmissions.  Tracking down such interference 
also places a strain on valuable resources of the safety and 
rescue agencies.  Failure to comply with 47 C.F.R.  80.89(a) may 
result in the imposition of a monetary forfeiture, pursuant to 47 
C.F.R. 1.80, or other administrative sanctions.  

     4.   IT IS ORDERED, pursuant to Section 1.89 of the Rules, 
47 C.F.R.  1.89, that Cliff Cassity shall, within 14 days of the 
release date indicated above, submit a written statement 
concerning this matter to the following address:

Federal Communications Commission
P. O. Box 971030
Waipahu, HI  96797-1030

The response shall contain a statement of the specific actions to 
be taken to correct the violation noted in this NOV and to 
preclude recurrence, as well as a time line for completion of 
such actions. All replies and documentation sent in response to 
this NOV should be marked "Ref. No. V20033286003."  Failure to 
respond to an NOV constitutes a violation of the Rules, and could 
incur additional administrative penalties.
     5.   The Privacy Act of 1974, P.L. 93-579, 5 U.S.C.  
552a(e)(3), requires that we advise you that the Commission's 
staff will use all relevant, material information before it, 
including the information disclosed in your reply, to determine 
what, if any, enforcement action is required to ensure your 
compliance with our rules.  Any false statement made knowingly 
and willfully in reply to this NOV is punishable by fine or 
imprisonment under Title 18 of the U.S. Code, 18 U.S.C.  1001 
et seq.

     6.   IT IS FURTHER ORDERED that a copy of this Official 
Notice of Violation shall be sent to Cliff Cassity, 51-010 Lau 
Pl., Kaaawa, Hawaii 96730.

                              FEDERAL COMMUNICATIONS COMMISSION



                              John R. Raymond
                              Resident Agent
                              Honolulu Resident Agent Office