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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
G & H Towing Company ) File No. EB-08-HU-0119
Licensee of Radio Station WYG6905 )
Marine Vessel: C. R. HADEN ) NOV No. V200932540002
)
)
NOTICE OF VIOLATION
Released: October 9, 2008
By the Resident Agent, Houston Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to G & H Towing Company, licensee of
radio station WYG6905, for the marine vessel C. R. HADEN.
2. On October 2, 2008, in response to a complaint from the United States
Mission Control Center (USMCC), an agent of the Commission's Houston
Office of the Enforcement Bureau inspected ship radio station WYG6905
docked at your facility in Galveston, Texas, and observed the
following violation:
a. 47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
radiocommunication." Emergency position indicating radio beacon
("EPIRB") stations are intended to be actuated manually or
automatically as part of a ship or survival craft station as a
locating aid for survival purposes. At the time of inspection, the
agent found that the ship's EPIRB had been improperly placed in its
cradle and inadvertently activated.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, G & H Towing
Company, must submit a written statement concerning this matter within
twenty (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 a
principal or officer of G & H Towing Company. 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
Houston Office
9597 Jones Road, #362
Houston, Texas 77065
4. This Notice shall be sent to G & H Towing Company at its 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
Stephen P. Lee
Resident Agent
Houston Office
South Central 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