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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554



   In the Matter of )


   Lawrence Baker ) File No. EB-09-SF-0071

   Aircraft Owner )

   Aptos, California )

   ) NOV No. V200932960007


                              NOTICE OF VIOLATION

                                                 Released: September 28, 2009

   By the District Director, San Francisco 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 Lawrence Baker, operator of an
       Emergency Locator Transmitter (ELT), ID No. ADCC40D2C0002F1, in Aptos,

    2. On September 17, 2009, in response to a complaint from the Air Force
       Rescue Coordination Center (AFRCC), agents of the Enforcement Bureau's
       San Francisco Office located an activated ELT operating on 406.025 MHz
       and 121.5 MHz in an aircraft under construction in the garage, at
       Baker's residence in Aptos, California and observed the following

     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." At the time of the
        inspection, the agents found the ELT in an activated mode in an
        aircraft under construction. There was no actual emergency situation.

     b. 47 C.F.R. S: 87.199(f): "To enhance protection of life and property,
        it is mandatory that each 406.0-406.1 MHz ELT must be registered with
        NOAA before installation and that information be kept up-to-date." At
        the time of inspection, Baker acknowledged that the ELT was not
        registered. AFRCC also indicated that the ELT with Serial No. 13488
        is not registered with NOAA.

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

   San Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    4. This Notice shall be sent by Certified Mail/Return Receipt requested
       and regular mail, to Lawrence Baker, 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.


   Thomas N. Van Stavern

   District Director

   San Francisco 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