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Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail #7002 1000 0004 8897 2497
Return Receipt Requested
In the Matter of )
)
Charles Lindsey )
M/V HA8874B ) File No. EB-07-HL-040
Licensee of Maritime Radio Station )
Kula, Hawaii ) NOV No. V20073286003
)
)
)
NOTICE OF VIOLATION
Released: March 16, 2007
By the Resident Agent, Honolulu 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 Charles Lindsey, licensee of
maritime radio station HA8874B.
2. On February 20, 2007, an agent of the Enforcement Bureau's Honolulu
Office inspected ship radio station HA8874B located on a private
property behind the County of Maui Wastewater Reclamation Facility at
3300 Honoapi'ilani Highway in Lahaina, Hawaii, and observed the
following violation(s):
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. An EPIRB
associated with the vessel HA8874B was activated in the absence of any
actual emergency situation.
47 C.F.R. S 80.1053: "Operation of Class A EPIRB stations shall be
prohibited after December 31, 2006." Beginning January 1, 2007, Class A
EPIRBs are prohibited from use in both commercial and recreational
watercraft.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Charles Lindsey 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 Charles Lindsey. 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
Honolulu Office
P.O. Box 971030
Waipahu, Hawaii 96797-1030
4. This Notice shall be sent by certified mail, return receipt requested,
to Charles Lindsey, 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
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
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