Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Scott Sheppard ) File No. EB-10-PA-0136

   Vessel Cookie Monster )

   USCG Doc. No. 610800 ) NOV No. V201032400048

   Port Norris, New Jersey )


                              NOTICE OF VIOLATION

   Released:  August 9, 2010

   By the District Director, Northeast Region, Philadelphia Office,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Scott Sheppard, owner of the vessel
       Cookie Monster in Port Norris, New Jersey.

    2. On May 17, 2010, in response to an interference complaint from the
       United States Mission Control Center, agents of the Commission's
       Philadelphia Office used direction finding techniques to locate the
       source of interference on the frequency 406.025 MHz to the vessel
       Cookie Monster, docked on the Maurice River in Port Norris, New
       Jersey. The agents inspected the EPIRB aboard the vessel and observed
       the following violation:

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
   radio-communication." Transmissions by emergency position indicating radio
   beacons ("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. The agents found the Satellite
   406 EPIRB activated aboard the Cookie Monster in the absence of any actual
   emergency situation and the device was transmitting a beacon signal on the
   frequency 406.025 MHz.

    3. Pursuant to Sections 308(b) and 403 of the Communications Act of 1934,
       as amended, and Section 1.89 of the Commission's Rules, Scott Sheppard
       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 Scott Sheppard.
       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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to Scott Sheppard 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.


   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S:S: 308(b), 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