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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Donald J. Smith ) File No. EB-07-DT-353

   Licensee of Aircraft Radio Station N859DS )

   Rockford, Michigan ) NOV No. V20083236002

   )

   )

   )

                              NOTICE OF VIOLATION

   Released: October 25, 2007

   By the District Director, Detroit Office, Northeast Region, Enforcement
   Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Donald J. Smith, licensee of
       aircraft radio station N859DS in Rockford, Michigan.

    2. On October 17, 2007, an agent of the Commission's Detroit Office
       inspected aircraft radio station N859DS located at 6504 Gran Via Drive
       NE, Rockford, Michigan, and observed the following violation:

   47 C.F.R. S: 87.193: "Transmissions by emergency locator transmitters
   (ELTs) are intended to be actuated manually or automatically and operated
   automatically as part of an aircraft or a survival craft station as a
   locating aid for survival purposes." At the time of the inspection, the
   agent found that the ELT installed in aircraft N859DS had been
   inadvertently activated.

    3. Pursuant to Sections 403 and 308(b) of the Communications Act of 1934,
       as amended, and Section 1.89 of the Commission's Rules, Donald J.
       Smith 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 taken to
       correct each violation and preclude recurrence, and should include a
       time line for completion of pending corrective action. The response
       must be complete in itself and signed by Donald J. Smith. 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

   Detroit Office

   24987 Hathaway Street

   Farmington Hills, Michigan 48335

    4. This Notice shall be sent to Donald J. Smith at his 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

   James A. Bridgewater

   District Director

   Detroit Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S:S: 403 & 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