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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Dunlap Towing Company )

   ) File No.  EB-FIELDWR-13-00012192

   Licensee of Station WYH6327 )

   La Conner, Washington ) NOV No. V201432980003

   )

                              NOTICE OF VIOLATION

   Released: December 19, 2013

   By the Acting District Director, Seattle Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to Dunlap Towing Company, licensee
       of ship station WYH6327, and registered owner of the vessel "Malolo"
       in Everett, Washington. 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 November 12, 2013, the FCC Operations Center received a call from
       U. S. Coast Guard District 13 Joint Rescue Coordination Center (JRCC),
       requesting assistance in investigating and silencing false distress
       signals on INMARSAT-C, emanating from Mobile Telephone Number (MTN)
       430329511, registered to the tugboat "Malolo." The distress signals
       indicated a location in Everett, Washington, based on transmitted GPS
       coordinates carried over the Global Maritime Distress and Safety
       Services (GMDSS) system via the vessel's INMARSAT radio. The USCG JRCC
       District 13 in Seattle, Washington, the USCG Pacific Area Command
       (PAC) in Alameda, California, and operational personnel at the Global
       Stratos company's INMARSAT Land Earth Station (LES) located in Burum,
       Netherlands, informed the Enforcement Bureau's Seattle Office that
       these false distress signals emanated twice on November 5, 2013, and
       once on both November 7 and November 11, 2013. A Seattle Office agent
       determined that the tugboat "Malolo" was in dry dock in Everett,
       Washington, at the Seacrest Marina, and was in violation of the
       following:

    a. 47 C.F.R. S 80.334: "A distress alert is false if it was transmitted
       without any indication that a mobile unit or person was in distress
       and required immediate assistance." The INMARSAT GMDSS distress
       signals were falsely activated while the tugboat "Malolo" was in dry
       dock at the Seacrest Marina in Everett, Washington.

    b. 47 C.F.R. S 80.334(b): "Transmitting a false distress alert is
       prohibited and may be subject to the provisions of part 1, subpart A
       of this chapter if that alert: . . . (b) Was not cancelled in
       accordance with 80.335." USCG JRCC Seattle, Washington, the USCG PAC
       Alameda, California, and the Global Stratus LES INMARSAT facility in
       Burum, Netherlands, informed the Seattle Office that none of the
       "Malolo" INMARSAT false distress signals were cancelled.

    c. 47 C.F.R. S 80.334(d): "Transmitting a false distress alert is
       prohibited and may be subject to the provisions of part 1, subpart A
       of this chapter if that alert: (d) Was repeated." The USCG JRCC
       Seattle, Washington, the USCG PAC Alameda, California, and the Global
       Stratus LES INMARSAT facility in Burum, Netherlands, informed the
       Seattle Office that false distress signals emanating from the tugboat
       "Malolo" were transmitted on two occasions on November 5, 2013, and
       once on both November 7 and November 11, 2013.

    d. 47 C.F.R. S 80.335(d): "If a distress alert is inadvertently
       transmitted, the following steps shall be taken to cancel the distress
       alert. . . . (d) INMARSAT ship earth station. Immediately notify the
       appropriate rescue coordination center that the alert is cancelled by
       sending a distress priority message by way of the same land earth
       station through which the false distress alert was sent. Provide ship
       name, call sign or registration number, and INMARSAT identity with the
       cancelled alert message." The USCG JRCC Seattle, Washington, the USCG
       PAC Alameda, California, and the Global Stratus LES INMARSAT facility
       in Burum, Netherlands, informed the Seattle Office that false distress
       signals emanating from the tugboat "Malolo" were transmitted on two
       occasions on November 5, 2013, and once on both November 7 and
       November 11, 2013, none of which were cancelled via INMARSAT.

    3. Pursuant to Section 308(b) 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, Dunlap Towing Company 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 Dunlap Towing
       Company to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of Dunlap Towing Company  with personal knowledge
       of the representations provided in Dunlap Towing Company's response,
       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

   Seattle Office

   11410 NE 122^nd Way, Suite 312

   Kirkland, Washington 98034

    6. This Notice shall be sent to Dunlap Towing Company at its 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

   Leo Cirbo

   Acting District Director

   Seattle District 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 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