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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