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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   James E. Howard ) File No. EB-09-ST-0008

   Licensee of Radio Station N3476D  )

   Renton, Washington ) NOV No. V200932980004 )

   )

                              NOTICE OF VIOLATION

   Released: March 31, 2009

   By the District Director, Seattle 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 James E. Howard, Licensee of
       aircraft radio station N3476D in Renton, Washington.

    2. On January 25, 2009, an agent of the Enforcement Bureau's Seattle
       Office monitored aircraft radio station N3476D located at the north
       end of the Renton Municipal Airport in Renton, Washington, and
       observed the following violation:

     a. 47 C.F.R. S: 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." The ELT on board
        the aircraft N3476D was activated in the absence of any actual
        emergency.

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

   Seattle Office

   11410 NE 122nd Way, Suite #312

   Kirkland, WA 98034-6927

    4. This Notice shall be sent by Certified Mail/Return Receipt Requested
       and regular mail to James E. Howard 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

   Kristine A. McGowan

   District Director

   Seattle District 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