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                                  Before the
Federal Communications Commission
Washington, D.C. 20554
                                       

In the Matter of	)
	)
William E. Simons	)                   File No.: EB-FIELDWR-13-00012119
Motor Vessel "Lazy Susan"	)
Poulsbo, WA	)                                 NOV No.:  V201432980004
	                   
			
NOTICE OF VIOLATION

	Released: December 19, 2013


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

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to William E. Simons, operator of motor vessel "Lazy Susan," in Port Townsend, 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 noted herein.

* On November 7, 2013, in response to an interference complaint on Marine VHF Channel 16 from the United States Coast Guard Sector Puget Sound, agents of the Enforcement Bureau's Seattle  Office investigated and observed the following violation:

  + 47 C.F.R. ยง 80.89(a):  "Stations must not engage in superfluous radio communications."  There appeared to be an open microphone on the vessel operating on Marine Channel 16, with no authorized purpose for the transmissions.
 
* 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, William E. Simons, 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.  

* In accordance with Section 1.16 of the Rules, we direct William E. Simons to support the response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by William E. Simons with personal knowledge of the representations provided in the 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.  

* 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

* This Notice shall be sent to William E. Simons at his address of record.  

* 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 Office
Western Region
Enforcement Bureau