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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Ted Baum ) File No. EB-09-ST-0046

   Licensee of Ship Radio Station )

   Vessel WAIOLI  ) NOV No. V200932980009

   State Registration No.: WN1098MG  )

   Tacoma, Washington )


                              NOTICE OF VIOLATION

   Released:  September 15, 2009

   By the District Director, Seattle District 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 Ted Baum, licensee of ship radio
       station onboard vessel WAIOLI, state registration number WN1098MG.

    2. On September 2, 2009, an agent of the Enforcement Bureau's Seattle
       District Office monitored a ship radio station on the vessel WAIOLI
       moored at the Foss Harbor Marina on P Dock, Slip No. 13 located in
       Tacoma, Washington, and observed the following violations:

     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 of the most critical
        nature, with potential impact upon safety of life and property. Not
        only is harmful interference caused to a vital safety frequency, but
        a continuous carrier could possibly obscure genuine distress
        transmissions. The VHF marine radio on board the vessel WAIOLI was
        apparently activated by improper stowing of the radio's microphone.

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

   Seattle District Office

   11410 NE 122nd Way, Suite No. 312

   Kirkland, Washington 98034-6927

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


   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


                       Federal Communications Commission