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


In the Matter of                 )
                                 )
Bernard F. Niehaus               )         File No. EB-05-
DT-498
Licensee of Aircraft Radio Station N6985A    )
Blue Ash, Ohio                   )         NOV           No.  
V20063236008
                                 )
                                 )


                     NOTICE OF VIOLATION

                                             
                                           Released:  
November 3, 2005

By the District Director, Detroit 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 
     Bernard F. Niehaus, licensee of aircraft radio station 
     N6985A.

   2.     On September 27, 2005, an agent of the 
     Commission's Detroit Office inspected aircraft radio 
     station N6985A located at Blue Ash, Ohio, and observed 
     the following violation:

        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 a survival craft station 
        as a locating aid for survival purposes.''  At 
        the time of the inspection, the agent found 
        that the ELT which had been installed in 
        aircraft N6985A had inadvertently been left on 
        after testing.

   3.     Pursuant to Section 308(b) of the Communications 
     Act of 1934, as amended,2 and Section 1.89 of the 
     Commission's Rules, Bernard F. Niehaus, 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 the licensee.  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, Michigan 48335


   4.     This Notice shall be sent to Bernard F. Niehaus at 
     his 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




                         James A. Bridgewater
                         District Director
                         Detroit District Office
                         Northeast Region
                         Enforcement Bureau


_________________________

147 C.F.R.  1.89.

247 U.S.C.  308(b).
3P.L. 93-579, 5 U.S.C.  552a(e)(3).

418 U.S.C.  1001 et seq.