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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Jerry J. Lewis Sr. )

   F/V Ocean Spirit ) File No. EB-08-ST-0260

   Licensee of Maritime Radio Station )

   Westport, WA ) NOV No. V200932980001


                              NOTICE OF VIOLATION

   Released: November 19, 2008

   By the District Director, Seattle Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Jerry J. Lewis Sr.("Lewis"),
       licensee of maritime radio station WDD8050, F/V Ocean Spirit in
       Westport, Washington.

    2. On October 28, 2008, in response to a complaint from the National
       Oceanic and Atmospheric Administration Mission Control Center, an
       agent of the Enforcement Bureau's Seattle Office inspected ship radio
       station F/V Ocean Spirit, Call Sign WDD5080, moored at Westport, WA,
       on Float 17, and observed the following violation:

   a. 47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
   communication." Emergency position indicating radio beacon ("EPIRB")
   stations 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. At the time of the inspection, the
   agent determined that the ship's ACR EPIRB had been inadvertently
   activated and was transmitting spurious signals.

   3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
   and Section 1.89 of the Commission's Rules, Lewis 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 Lewis. 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

   Seattle District Office

   11410 NE 122nd Way, Suite 312

   Kirkland, WA 98034-6927

   4. This Notice shall be sent by certified mail, return receipt requested,
   to Jerry J. Lewis Sr., F/V Ocean Spirit, 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.


   Kristine A. McGowan

   District Director

   Seattle District Office

   Western 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


                       Federal Communications Commission