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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Harry Steinmetz ) File No. EB-FIELDNER-12-00003930

   )

   North East, MD ) NOV No. V201232340008

                              NOTICE OF VIOLATION

                                                 Released: September 10, 2012

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

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules), to Harry Steinmetz, owner of a
       marine vessel called "Luciferous," located in North East, Maryland.
       Pursuant to Section 1.89(a) of the Rules, issuance of this NOV does
       not preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violation noted herein.

    2. On August 24, 2012, in response to a complaint from the United States
       Coast Guard concerning interference on Marine Channel 16, an agent of
       the Enforcement Bureau's Columbia Office conducted an investigation in
       North East, Maryland, and observed the following violation:

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
   communications." At the time of the investigation, agents determined that
   a continuous carrier was inadvertently being transmitted on Marine Channel
   16 from a malfunctioning marine radio station located on Mr. Steinmetz's
   vessel, which was docked in slip 47 at the Shelter Cove Marina in North
   East, Maryland.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's rules, we seek
       additional information concerning the violations and any remedial
       actions taken. Therefore, Harry Steinmetz must submit a written
       statement concerning this matter within twenty (20) days of release of
       this Notice. The response (i) must fully explain each violation,
       including all relevant surrounding facts and circumstances, (ii) must
       contain a statement of the specific action(s) taken to correct each
       violation and preclude recurrence, and (iii) must include a time line
       for completion of any pending corrective action(s). The response must
       be complete in itself and must not be abbreviated by reference to
       other communications or answers to other notices.

    4. In accordance with Section 1.16 of the Commission's rules, we direct
       Mr. Steinmetz to support his response to this Notice with an affidavit
       or declaration under penalty of perjury, signed and dated by Mr.
       Steinmetz verifying the truth and accuracy of the information therein,
       and confirming that all of the information requested by this Notice
       which is in his possession, custody, control, or knowledge has been
       produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.

    5. 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

   Columbia Office

   9200 Farm House Lane

   Columbia, MD 21046

    6. This Notice shall be sent to Harry Steinmetz at his address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   Salomon Satche

   District Director

   Columbia District Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

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

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission

   3

                       Federal Communications Commission