Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                )
                                )
Earl M. Gorsuch                 )            File  No.  EB-03-DT-
835
Licensee of Aircraft Radio Station N6134T    )
Breckenridge, Michigan          )            NOV No. V20043236002
                                )


                       NOTICE OF VIOLATION

                                             Released:  October 
14, 2003

By the District Director, Detroit Office, Enforcement Bureau:

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to Earl 
     M. Gorsuch, licensee of aircraft radio station N6134T.

  2.      On September  15, 2003,  an agent  of the  Commission's 
     Detroit Office investigated  an activation  of an  Emergency 
     Locator Transmitter (``ELT'') transmitting on 121.5 MHz  and 
     found the source to be an ELT aboard your aircraft  (N6134T) 
     located  at  Earl's  Spray  Service,  Inc.,  2530  Redstone, 
     Breckenridge, Michigan.   The agent  observed the  following 
     violation(s):

  2.a.      47   C.F.R.     87.187(k):  ``The   frequencies 
            121.500 MHz  and 243.000 MHz  are emergency  and 
            distress  frequencies   available  for  use   by 
            survival  craft   stations,  emergency   locator 
            transmitters  and equipment  used  for  survival 
            purposes.   Use of  121.500 MHz  and 243.00  MHz 
            shall be limited to transmission of signals  and 
            communications  for  survival  purposes.    Type 
            A2A,  A3E  or  A3N  emission  may  be  employed, 
            except  in   the  case   of  emergency   locator 
            transmitters  where   A3E,  A3X   and  N0N   are 
            permitted.''    The  transmissions   from   your 
            aircraft's  emergency locator  transmitter  were 
            not   of  a   survival  nature   and  were   not 
            permitted.
        
  2.b.      47   C.F.R.      87.193:   ``Transmissions   by 
            emergency   locator  transmitters   (ELTs)   are 
            intended    to   be    actuated   manually    or 
            automatically  and  operated  automatically   as 
            part of  an aircraft or  survival craft  station 
            as a locating aid for survival purposes.''   The 
            transmissions from  your ELT  were not  survival 
            purpose transmissions.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, Earl  M. Gorsuch,  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  the  licensee  with 
     personal  knowledge  of   the  matter.    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
                 Detroit Office
                 24897 Hathaway Street
                 Farmington Hills, MI 48335

  4.      This Notice  shall be  sent to  Earl M.  Gorsuch,  1800 
     Redstone Rd., Wheeler, Michigan 48662.

  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




                                James A. Bridgewater
                                District Director
                                Detroit Office

JAB:psm
_________________________

1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).
4
 18 U.S.C.  1001 et seq.