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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                            )                           


     Darrell Guy                                 )   File No. EB-09-AN-0015  

     Owner/Registrant of Personal Locator        )                           

     Marietta, Georgia                           )    NOV No. V200932780003  



                              NOTICE OF VIOLATION

                                                   Released:  August 31, 2009

   By the Anchorage Resident Agent Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Darrell Guy, owner/registrant of a
       Personal Locator Beacon ("PLB"), Marietta, GA.

    2. On July 17, 2009, agents of the Enforcement Bureau's Anchorage Office,
       in response to a complaint, located through signal strength and
       direction finding techniques an active PLB operating on both 121.5 and
       406.025 MHz at a car rental business at 4707 Spenard Road, Anchorage,
       AK. The agents observed the following violation:

   47 C.F.R. S: 95.1401: "The frequency band 406.0 - 406.1 MHz is an
   emergency and distress frequency band available for use by Personal
   Locator Beacons (PLBs). Personal Locator Beacons that transmit on the
   frequency band 406.0 - 406.1 MHz must use G1D emission. Use of these
   frequencies must be limited to transmission of distress and safety
   communications." The PLB was manually activated when no emergency existed.

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

   Enforcement Bureau

   Anchorage Resident Agent Office

   P.O. Box 221849

   Anchorage, Alaska 99522-1849

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Darrell Guy 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.


   David J. Charlton

   Resident Agent

   Anchorage 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


                       Federal Communications Commission