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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Scott Allen Bell ) File No. EB-FIELDNER-13-00009779

   Owner of Vessel "Hot Flash" )

   ) NOV No. V201332360036

   North Channel Island, Michigan )

                              NOTICE OF VIOLATION

   Released: July  23, 2013

   By the District Director, Detroit Office, Northeast Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to Scott Allen Bell, owner of
       vessel "Hot Flash," located on North Channel Island, St. Clair County,
       Michigan. Pursuant to Section 1.89(a) of the Rules, issuance of this
       Notice does not preclude the Enforcement Bureau from further action if
       warranted, including issuing a Notice of Apparent Liability for
       Forfeiture for the violation noted herein.^

    2. On July 1, 2013, the Enforcement Bureau's Detroit Office received a
       complaint from the Detroit Sector of the United States Coast Guard
       (USCG) regarding interference to VHF Marine Channel 16 (156.800 MHz)
       from a continuous radio signal. Using radio direction finding
       techniques, Detroit Office agents traced the interfering signal to a
       faulty Marine VHF radio installed and operated on the vessel "Hot
       Flash" and observed the following violation:

   47 C.F.R. S 80.89(d): "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 vessel "Hot
   Flash" was transmitting a continuous unmodulated carrier on VHF Marine
   Channel 16 (156.800 MHz), the International Distress, Safety and 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 Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Scott Allen Bell must submit a written statement concerning
       this matter within twenty (20) days of release of this Notice. The
       response (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Scott Allen
       Bell to support his response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized official of Scott Allen Bell with personal knowledge of the
       representations provided in Scott Allen Bell's response, verifying the
       truth and accuracy of the information therein,^ and confirming that
       all of the information requested by this Notice which is in Scott
       Allen Bell's possession, custody, control, or knowledge has been
       produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. 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

   Detroit Office

   24897 Hathaway Street

   Farmington Hills, Michigan 48335

    6. This Notice shall be sent to Scott Allen Bell at his address of
       record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   James A. Bridgewater

   District Director

   Detroit District Office

   Northeast Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

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

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

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

   Federal Communications Commission

   3

                       Federal Communications Commission