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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
James Emmit Jacobs )
) File Nos. EB-09-PO-0074
Longview, Washington ) EB-10-PO-0003
) EB-10-PO-0004
)
) NOV No. V201032920006
NOTICE OF VIOLATION
Released: January 14, 2010
By the Resident Agent, Portland 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 James Emmitt Jacobs, licensee of a
Citizens Band ("CB") station in Longview, Washington.
2. On January 7, 2010, in response to complaints, an agent from the
Enforcement Bureau's Portland Resident Agent Office monitored Jacobs'
CB station located inside a vehicle outside Jacobs' residence in
Longview, Washington, and observed the following violations:
a. 47 C.F.R. S: 95.413(a)(4) (CB Rule 13) states: "You must not use a CB
station to transmit one-way communications, except for emergency
communications, traveler assistance, brief tests (radio checks), or
voice paging." On January 7, 2010, the agent monitored Jacobs'
transmissions and observed that Jacobs was transmitting one-way
communications from the CB station.
b. 47 C.F.R. S: 95.413(a)(6) (CB Rule 13) states: "You must not use a CB
station to transmit music, whistling, sound effects or any material
to amuse or entertain." On January 7, 2010, the agent monitored
Jacobs' transmissions and observed that Jacobs was transmitting music
from the CB station.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, James Emmitt
Jacobs, 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 you. 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
Portland Resident Agent Office
P.O Box 61469
Vancouver, WA 98666-1469
4. This Notice shall be sent to James Emmitt Jacobs 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
Binh Nguyen
Resident Agent
Portland Resident Agent 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