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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Edwin "Bud" Summers )
M/V Reel Time II ) File No. EB-06-LA-236
Licensee of Maritime Radio Station )
San Clemente, CA ) NOV No. V20063290013
)
)
)
NOTICE OF VIOLATION
Released: September 29, 2006
By the District Director, Los Angeles Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Edwin "Bud" Summers, licensee of
maritime radio station, U. S. Coast Guard Hull ID Number 677197.
2. On September 18, 2006, in response to a complaint from the U.S. Coast
Guard, an agent of the Enforcement Bureau's Los Angeles Office
inspected an Emergency Position Indicating Radio Beacon ("EPIRB")
located on the licensee's M/V Reel Time II moored in Dana Point
Harbor, Dana Point, California, and observed the following violation:
47 C.F.R. S 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 determined that the EPIRB's switch was
broken, which had caused the inadvertent activation of the device.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Edwin "Bud"
Summers 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 Edwin "Bud"
Summers. 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
Los Angeles District Office
18000 Studebaker Road, Suite 660
Los Angeles, California 90703
4. This Notice shall be sent by certified mail, return receipt requested,
to Edwin "Bud" Summers, at the address of record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
Catherine Deaton
District Director
Los Angeles District Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 308(b).
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission