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                                  Before the
Federal Communications Commission
Washington, D.C. 20554



In the Matter of	)
	)
Oniel Ortiz	)		    File No.: EB-FIELDWR-14-00016393
	)
Motor Vessel Bernie	)
	)
Oregon State Registration Number OR171AAZ	)		    NOV
No.: V201432920050
	)
Portland, Oregon	)




NOTICE OF VIOLATION

	Released:  July 17, 2014

By the Resident Agent, Portland Office, Western Region, Enforcement
Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules) to Oniel Ortiz  (Mr. Ortiz),
owner of motor vessel Bernie, Oregon State Registration Number OR171AAZ,
Portland, Oregon.  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.

* On July 6, 2014, in response to a complaint from the United States
Coast Guard in Portland, Oregon, concerning continuous automated "SOS"
signals were transmitting in Morse Code on Marine Channel 16, an agent
of the Enforcement Bureau's Portland Office, using radio direction
finding equipment, located the interfering signals to a faulty marine
VHF radio installed in motor vessel Bernie, Oregon State Registration
Number OR171AAZ, in Portland, Oregon.  The agent  observed the following
violation:

  + 47 C.F.R. ยง 80.89(a):  "Stations must not engage in superfluous radio
  communications."  Marine Channel 16 (156.800 MHz) is the international
  voice distress, urgency, safety, call and reply channel for ship,
  public, and private coast stations.  At the time of the investigation,
  the Portland agent determined that there was a faulty marine VHF radio
  on board motor vessel Bernie continuously transmitting "SOS" distress
  signals with no authorized purpose for the transmissions.

* 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,
Mr. Ortiz, 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.

* In accordance with Section 1.16 of the Rules, we direct Mr. Ortiz to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by Mr. Ortiz with personal
knowledge of the representations provided in Mr. Ortiz'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 the licensee'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.

* 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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469


* This Notice shall be sent to Oniel Ortiz at his address of record.




* 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




Binh Nguyen
Resident Agent
Portland Office
Western Region
Enforcement Bureau