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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Gary M. Costa Ayres, Jr. ) File No. EB-10-HL-00023

   M/V HA9753C )

   Licensee of Maritime Radio Station ) NOV No. V201032860007

   Waianae, Hawaii )

   )

                              NOTICE OF VIOLATION

                                                 Released: February  17, 2010

   By the Resident Agent, Honolulu 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 Gary M. Costa Ayres, Jr., licensee
       of maritime radio station HA9753C.

    2. On February 3, 2010, an agent of the Enforcement Bureau's Honolulu
       Office inspected ship radio station HA9753C, trailered in front of a
       residence in Waianae, Hawaii, and observed the following violations:

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
   radiocommunication." Transmissions by 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 that the ACR Mini-B EPIRB had been
   inadvertently activated, with the switch in the "ON" position.

   47 C.F.R. S: 80.1053: "Operation of Class A EPIRB stations shall be
   prohibited after December 31, 2006." The ACR EPIRB that was falsely
   activated may not be used on commercial or recreational watercraft, as it
   is a Class A device.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, 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 Gary M. Costa Ayres, or his
       authorized representative. 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

   Honolulu Office

   P.O. Box 971030

   Waipahu, Hawaii 96797-1030

    4. This Notice shall be sent to Gary M. Costa Ayres 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

   John R. Raymond

   Resident Agent

   Honolulu 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