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

In the Matter of	)
	)
Gene Klingler	)
Vessel WN9074ZN )		    File No.: EB-FIELDWR-15-00019460
	)
Long Beach, WA 98631	)		    NOV No.: V201532920005


NOTICE OF VIOLATION
	Released:  July 8, 2015

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 Gene Klingler, Vessel WN9074ZN,
Long Beach, Washington.  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 June 25, 2015, in response to a radio frequency interference
complaint from the United States Coast Guard Sector Columbia River,
concerning interference to frequencies 121.5 MHz and 243 MHz, an agent
of the Enforcement Bureau's Portland Office located the interfering
signal to a faulty Emergency Position Indicating Radio Beacon (EPIRB)
model ACR Magnum B, associated with a life-ring on the vessel, operating
on fundamental frequency 121.5 MHz in Long Beach, Oregon, and observed
the following violation:
  + 47 C.F.R. ยง 80.89(a):  "Stations must not engage in superfluous
  radio communication."  During an inspection conducted on June 25, 2015,
  an agent observed that the On-Off switch on the referenced EPIRB was
  broken and the device was inadvertently held in the "On" position,
  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. Klingler, 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. Klingler to
support his response to this Notice with an affidavit or declaration under
penalty of perjury, signed and dated by Mr. Klingler, verifying the truth
and accuracy of the information therein, and confirming that all of the
information requested by this Notice which is in his 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 Office
P.O. Box 61469
Vancouver, Washington 98666-1469
* This Notice shall be sent to Gene Klingler 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