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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Allan J. Robichaux ) File No. EB-08-AN-0017
Licensee of Aircraft Radio Station N8051Z )
Big Lake, Alaska ) NOV No. V200832780005
)
)
NOTICE OF VIOLATION
Released: 04/29/2008
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, to Alan Robichaux.
2. On April 25, 2008, agents of the Enforcement Bureau's Anchorage
Resident Agent Office, in response to a complaint, used direction
finding and signal strength techniques and located an un-modulated
carrier on 121.5 and 243.0 MHz emanating from aircraft N8051Z at Big
Lake Airport, Alaska. The Anchorage agents 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." The ELT was apparently activated by
faulty electronics transmitting a continuous un-modulated carrier.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Alan Robichaux 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 Alan Robichaux. 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 Alan Robichaux 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
David J. Charlton
Resident Agent
Anchorage Resident Agent 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