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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Alan Levine )

   Licensee of Ship Radio Station ) File No. EB-10-SF-0104

   Vessel MERCY )

   Documentation Number 543193 )

   Berkeley, California )

   ) NOV No. V201032960005

                              NOTICE OF VIOLATION

   Released: July 7, 2010

   By the District Director, San Francisco 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 Alan Levine, of ship radio station
       onboard the vessel MERCY, Documentation Number 543193.

    2. On June 9, 2010, in response to a complaint from the United States
       Coast Guard of interference to Marine VHF Channel 16, 156.800 MHz,
       agents of the Enforcement Bureau's San Francisco Office used direction
       finding techniques to locate the source of interference to the vessel
       MERCY, Documentation Number 543193, moored at the pier of Emeryville
       Marina, Emeryville, California, and observed the following violation:

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio-
   communication." Interference to 156.800 MHz, the maritime VHF distress and
   safety frequency, is a violation of the most critical nature, with
   potential impact upon safety of life and property. Not only is harmful
   interference caused to a vital safety frequency, but a continuous carrier
   could possibly obscure genuine distress transmissions, and places a strain
   on valuable safety and rescue agencies. The VHF marine radio's, ICOM
   IC-M100, microphone was improperly stowed, placing the unit in continuous
   operation in the absence of any actual emergency situation.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Alan Levine, 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 Alan Levine. 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

   San Francisco Office

   5653 Stoneridge Drive, Suite 105

   Pleasanton, CA 94588-8543

    4. This Notice shall be sent to Alan Levine 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.


   Thomas N. Van Stavern

   District Director

   San Francisco District 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


                       Federal Communications Commission