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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

   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

    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.


   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


                       Federal Communications Commission