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

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 )


   Ed Bahniuk )

   Licensee of Maritime Radio Station ) File No. EB-00-CF-0081

   Owner of Vessel "Mustard Seed" )

   Solomon's, MD ) NOV No. V200932340009


                              NOTICE OF VIOLATION

   Released: June 4, 2009

   By the Acting District Director, Columbia Office, Northeast Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Ed Bahniuk, licensee of a maritime
       radio station and owner of the vessel "Mustard Seed" located in
       Solomon's, Maryland.

    2. On May 27, 2009, in response to an interference complaint, an agent of
       the Commission's Columbia Office used direction finding techniques to
       locate the source of the interference to Calvert Marina in Solomon's,
       Maryland. The agent inspected the radio station aboard the vessel
       "Mustard Seed" and observed the following violation:

   47 C.F.R. S: 80.89 (d): "Unauthorized transmissions - Stations must not:
   When using telephony, transmit signals or communications not addressed to
   a particular station or stations. This provision does not apply to the
   transmission of distress, alarm, urgency, or safety signals or messages,
   or to test transmissions." The agents determined that a VHF transmitter
   installed on the Mustard Seed was transmitting a continuous unmodulated
   carrier on VHF Marine channel 16 (156.8 MHz), the International and
   Distress Calling Frequency. The transmission was not conducted as a test
   or for distress or emergency purposes.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Ed Bahniuk, 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 Ed Bahniuk. 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

   Federal Communications Commission

   Columbia Office

   9200 Farm House Lane

   Columbia, Maryland 21046

    4. This Notice shall be sent to Ed Bahniuk 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.


   Richard M. Caine

   Acting District Director

   Columbia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 308(b).

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

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

                       Federal Communications Commission


                       Federal Communications Commission