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

Certified Mail # 7004 2510 0001 9906 8615
Return Receipt Requested

In the Matter of                 )
Donald W. Graves                 )          File No.  EB-05-AN-137
Licensee of Maritime Radio       )
Station WCZ2450
Dutch Harbor, Alaska             )           NOV No.  V20063278002

                       NOTICE OF VIOLATION

                                      Released: December 14, 2005

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

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to 
     Donald W. Graves.

  2.      On November 19, 2005, an agent of the Commission's 
     Anchorage Resident Agent Office inspected an Emergency 
     Position Indicating Radio Beacon (``EPIRB'') on board the 
     vessel Miss Peppers in the small boat harbor, Dutch Harbor, 
     Alaska, and observed the following violation:

       47 C.F.R.  80.89(a): ``Stations must not engage in 
       superfluous radiocommunication.''  Transmissions by 
       EPIRBs are intended to be actuated manually or 
       automatically and operated automatically as part of 
       a ship or a survival craft station as a locating aid 
       for survival purposes.  At the time of the 
       inspection, the agent found that the EPIRB had been 
       inadvertently activated.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, Donald W. Graves 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 Donald W. Graves.  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
                 Enforcement Bureau
                 Anchorage Resident Agent Office
                 P.O. Box 221849
                 Anchorage, Alaska 99522-1849

  4.      This Notice shall be sent by certified mail, return 
     receipt requested, to Donald W. Graves at his address of 

  5.      The Privacy Act of 19743 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.4

                                FEDERAL COMMUNICATIONS 

                                David J. Charlton
                                Resident Agent
                                Anchorage Resident Agent Office
                                Western Region
                                Enforcement Bureau


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.