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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554



   In the Matter of )


   Monte Opterman ) File No. EB-08-HL-0264

   Licensee of Maritime Radio Station )

   Vessel PUHI, Documentation Number 963451 )

   Honolulu, Hawaii ) NOV No. V200932860004


                              NOTICE OF VIOLATION

   Released: February 3, 2009

   By the Resident Agent, Honolulu Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Monte Opterman, licensee of
       maritime radio station onboard vessel PUHI, documentation number

    2. On December 12, 2008, in response to a complaint from the United
       States Coast Guard, an agent of the Enforcement Bureau's Honolulu
       Office inspected the ship radio station onboard vessel PUHI,
       documentation number 963451, at slip #460 at the Hawaii Yacht Club in
       Honolulu, Hawaii, and observed the following violation:

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
   radiocommunication." Transmissions by emergency position indicating radio
   beacons ("EPIRBs") 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 found the Mini B EPIRB on board the vessel was activated in the
   absence of any actual emergency situation.

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

   Federal Communications Commission

   Honolulu Office

   P.O. Box 971030

   Waipahu, Hawaii 96797-1030

    4. This Notice shall be sent by certified mail, return receipt requested,
       to Monte Opterman, 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.


   Ryan Hagihara

   Resident Agent

   Honolulu 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


                       Federal Communications Commission