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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Andrew LeGrega )

   )

   Vessel: "Beach Comber" )

   Documentation Number: 521885 ) File No. EB-FIELDWR-13-00010290

   ) NOV No. V201332940019

   San Diego, California )

   )

   )

                              NOTICE OF VIOLATION

   Released: August 7, 2013

   By the District Director, San Diego 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 (Rules)^ to the Andrew LeGrega, registered
       owner of vessel "Beach Comber," Documentation Number 521885, Port of
       San Diego, California. 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 violations noted herein.^

    2. On July 27, 2013, the Enforcement Bureau's San Diego Office received
       an interference complaint from the United States Coast Guard (USCG),
       San Diego Sector, regarding continuous interference of a radio signal,
       with no audio, radiating on VHF Marine Channel 16, on 156.800 MHz.
       This signal was causing harmful interference to Channel 16, the
       international radiotelephone distress, urgency, safety, and calling
       frequency used by the USCG. Using radio direction finding techniques,
       a San Diego Office agent traced the interfering signal to the vessel
       "Beach Comber." This continuous transmission was in violation of the
       following:

     a. 47 C.F.R. S 80.89(a): "Stations must not engage in superfluous radio
        communication." The VHF marine radio transmitter installed on vessel
        "Beach Comber" was transmitting a continuous carrier with no audio on
        Marine Channel 16, radiating a continuous carrier on frequency
        156.800 MHz.

     b. 47 C.F.R. S 80.89(d): "Stations must not use telephony, transmit
        signals or communications not addressed to particular a station or
        stations..." The Beach Comber's VHF radio was continuously
        transmitting a signal, with no audio.

    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, Andrew LeGrega, 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 Andrew
       LeGrega, , to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by Andrew
       LeGrega, verifying the truth and accuracy of the information therein,^
       and confirming that all of the information requested by this Notice
       which is in the regulatee'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

   San Diego District Office

   4542 Ruffner Street, #370

   San Diego, CA 92111

    6. This Notice shall be sent to Andrew LeGrega, 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 T. Lyon

   District Director

   San Diego District Office

   Western 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