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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Washington Mina ) File No.: EB-FIELDNER-13-00010880
Licensee of Maritime Radio Station )
Owner of Vessel "EL Catrocho" ) NOV No.: V201332320012
Worth, Illinois )
NOTICE OF VIOLATION
Released: September 4, 2013
By the District Director, Chicago 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 Washington Mina, licensee of a
maritime radio station and owner of the vessel "EL Catrocho" located
in Hammond, Indiana. 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 noted herein.^
2. On August 23, 2013, an agent of the Enforcement Bureau's Chicago
Office responded to a complaint of interference from the United States
Coast Guard (USCG) in Milwaukee, Wisconsin, regarding a continuous
unmodulated carrier transmitting on VHF Marine Channel 16, the
international radiotelephone distress, urgency, safety, and calling
frequency used by the USCG. Using radio direction finding techniques,
the Chicago agent traced the interfering signal to a faulty VHF Marine
radio installed and operated on the vessel "EL Catrocho," which was
docked at Slip B5 at the Hammond Marina in Hammond, Indiana. This
continuous transmission was in violation of the following:
47 C.F.R. S 47 C.F.R. S 80.89(d): "Stations must not use telephony,
transmit signals or communications not addressed to a particular station
or station ...." The VHF marine radio installed on the vessel "EL
Catrocho" was transmitting a continuous signal with no audio on Marine
Channel 16.
3. Pursuant to Section 403 of the Communications Act of 1934, as
amended,^ and Section 1.89 of the Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, Washington Mina 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 Rules, we direct Washington
Mina to support his response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by Washington
Mina, verifying the truth and accuracy of the information therein,^
and confirming that all of the information requested by this Notice
which is in Washington Mina'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
Chicago Office
1550 North Northwest Hwy., Suite 306
Park Ridge, Illinois 60068
6. This Notice shall be sent to Washington Mina 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
James M. Roop
District Director
Chicago 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 403.
^ 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
2
Federal Communications Commission