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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