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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Gregory Battenfield ) File No. EB-10-AT-0076
)
Owner of Vessel "Alva" )
South Carolina State Registration )
#CTYM0095M810 ) NOV No. V201032480003
)
Huntington Beach, CA 92646 )
NOTICE OF VIOLATION
Released: June 29, 2010
By the District Director, Atlanta Office, South Central Region,
Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Gregory Battenfield, owner of vessel
Alva docked in Charleston, South Carolina.
2. On May 30, 2009, in response to an interference complaint from the
United States Coast Guard, an agent of the Commission's Atlanta Office
used direction finding techniques to locate the source of the
interference to the vessel "Alva," #CTYM0095M810, docked at Megadock,
17 Lockwood Drive, Charleston, SC 29402. The agent inspected the radio
equipment aboard vessel #CTYM0095M810 and observed the following
violation:
47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
communications." The agent determined that a VHF transmitter aboard your
vessel was transmitting a continuous unmodulated carrier on VHF Marine
channel 16 (156.800 MHz), the International Distress, Safety and Calling
Channel. Interference to marine channel 16 is a violation with potential
impact upon safety of life and property. A false activation could possibly
obscure genuine distress transmissions, and places a strain on valuable
safety and rescue agencies. The VHF marine radio on board the vessel
"Alva" was apparently activated due to a radio malfunction or improper
handling while in transit.
3. Pursuant to Sections 403 of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Gregory
Battenfield must submit a written statement concerning this matter
within twenty (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
Gregory Battenfield. 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
Atlanta Office
3575 Koger Blvd; ste 320
Duluth, GA 30096
4. This Notice shall be sent to Gregory Battenfield 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
Douglas Miller
District Director
Atlanta Office
South Central 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
2
Federal Communications Commission