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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Paul Coughlin ) File No.: EB-FIELDSCR-14-00016454

   )

   Owner of Vessel "Tabatinga" ) NOV No.: V201432600013

   Marco Island, Florida )

   )

                              NOTICE OF VIOLATION

                                                      Released: July 18, 2014

   By the Resident Agent, Miami Office, South Central Region, Enforcement
   Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules)^ to Paul Coughlin, owner of the
       vessel "Tabatinga" located in Marco Island, Florida. 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 July 13, 2014, agents of the Enforcement Bureau's Miami Office
       responded to a complaint of interference from the United States Coast
       Guard (USCG) in Marco Island, Florida, 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 Miami agents traced the interfering signal to a faulty VHF Marine
       radio installed and operated on the vessel "Tabatinga", which was
       docked at Moran's Barge Marina located in Marco Island, Florida. This
       continuous transmission was in violation of the following:

   47 C.F.R. S 80.89(d): "Stations must not when using telephony, transmit
   signals or communications not addressed to a particular station or
   stations . . . ." The VHF marine radio installed on the vessel "Tabatinga"
   was transmitting a continuous signal with no audio on Marine Channel 16.
   Mr. Coughlin was notified that his marine radio was faulty and caused
   interference to 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, Mr. Coughlin 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 Mr. Coughlin
       to support his response to this Notice with an affidavit or
       declaration signed and dated under penalty of perjury, verifying the
       truth and accuracy of the information therein,^ and confirming that
       all of the information requested by this Notice which is in his
       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

   Miami Office

   P.O. Box 520617

   Miami, FL 33152-0617

    6. This Notice shall be sent to Paul Coughlin 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

   Michael Mattern

   Resident Agent

   Miami Office

   South Central 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