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 )

   )

   Brian Toste ) File No. EB-06-PO-177

   )

   Fishing Vessel Huntress )

   Westport, Oregon ) NOV No. V20073292004

   )

                              NOTICE OF VIOLATION

   Released: January 24, 2007

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Brian Toste, owner of the fishing
       vessel Huntress, in Westport, Oregon.

    2. On December 7, 2006, the Enforcement Bureau's Portland Resident Agent
       Office received an inspection report from the U.S. Coast Guard
       concerning interference on December 6, 2006, to Marine Channel 16
       (156.800 MHz) caused by an open microphone installed on fishing vessel
       Huntress navigating in the vicinity of Astoria, Oregon. The following
       violation was observed:

     a. 47 C.F.R. S 80.89(a): "Stations must not engage in superfluous
        radio-communications." Interference to 156.800 MHz, the maritime VHF
        distress and safety frequency, is a violation with potential impact
        upon safety of life and property. The VHF marine radio on board the
        fishing vessel Huntress was apparently activated by improper handling
        while the vessel was navigating near Astoria, Oregon.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Brian Toste, 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 Brian Toste. 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

   Enforcement Bureau

   Portland Resident Agent Office

   P.O. Box 61469

   Vancouver, WA 98666-1469

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Brian Toste at his address of record.

    5. The Privacy Act of 1974 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 403.

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

   18 U.S.C. S 1001 et seq.

   Federal Communications Commission

   2

                       Federal Communications Commission