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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
Bureau:
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.
FEDERAL COMMUNICATIONS COMMISSION
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
2
Federal Communications Commission