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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Eric Altenbernd ) File No. EB-FIELDWR-13-00010779
F/V KAI'AULANI HA3668F )
Honolulu, Hawaii ) NOV No. V201332860022
)
NOTICE OF VIOLATION
Released: August 29, 2013
By the Resident Agent, Honolulu Resident Agent 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 Eric Altenbernd , registered owner of
the Emergency Indicating Radio Beacon (EPIRB) associated with the
vessel KAI'AULANI, HA3668F, in Honolulu, Hawaii. Pursuant to Section
1.89(a) of the Rules, issuance of this Notice does not preclude the
Enforcement Bureau from further action if warranted, including issuing
a Notice of Apparent Liability for Forfeiture for the violation(s)
noted herein.^
2. On August 23, 2013, an agent of the Enforcement Bureau's Honolulu
Resident Agent Office was contacted by the U. S. Coast Guard District
14 Joint Rescue Coordination Center, requesting assistance in locating
interference to the safety and distress frequency of 121.5 MHz. The
agent inspected the EPIRB associated with the F/V KAI'AULANI, located
at Ala Wai Marina, and observed the following violations:
a. 47 C.F.R. S 80.89(a): "Stations must not engage in superfluous
radiocommunication." Transmissions by 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. At the time of the inspection, the vessel EPIRB had been
activated in the absence of any emergency situation.
b. 47 C.F.R. S 80.1053: The use of Class A, Class B, and Class S (i.e.
121.5/243 MHz) EPIRBs is prohibited. Licensees may only operate 406.0
- 406.1 MHz EPIRBS.
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, Eric Altenbernd 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
Eric Altenbernd to support his response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
Eric Altenbernd, verifying the truth and accuracy of the information
therein,^ and confirming that all of the information requested by this
Notice which is in the licensee's 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
Honolulu Resident Agent Office
POB 971030
Waipahu, Hawaii 96797-1030
6. This Notice shall be sent to Eric Altenbernd 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
John R. Raymond
Resident Agent
Honolulu Resident Agent Office
Western 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 Commission's 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
2
Federal Communications Commission