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Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Juan Carlos Cacho Alvelo ) File No.: EB-FIELDSCR-17-00024744
Owner/Registrant of an Emergency Position )
Indicating Radiobeacon )
Vega Baja, Puerto Rico )
)
NOTICE OF VIOLATION
Released: August 30, 2017
By the Regional Director, Region Two, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to Juan Carlos Cacho Alvelo, owner/registrant of an Emergency Position
Indicating Radiobeacon (“EPIRB”) in Vega Baja, Puerto Rico. 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
2. The FCC Operations Center received a call from the U.S. Coast Guard Sector San Juan,
Puerto Rico, requesting assistance in locating interference to the safety and distress frequency of 406.0
MHz. On June 27, 2017, an agent of the Enforcement Bureau’s San Juan Office used direction finding
techniques to locate an active EPIRB operating on both 121.5 MHz and 406.0 MHz in Vega Baja, Puerto
Rico, and observed the following violation(s):
a. 47 CFR § 80.1061(f): “To enhance protection of life and property it is mandatory
that each 406.0 - 406.1 MHz EPIRB be registered with NOAA before installation
and that information be kept up-to-date… Vessel owners shall advise NOAA in
writing upon change of vessel or EPIRB ownership, transfer of EPIRB to another
vessel, or any other change in registration information.” On June 27, 2017, the
406 MHz EPIRB with ID Code: ADCD020A2D00401, was not registered to Mr.
Juan Carlos Cacho Alvelo or his vessel.
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
Federal Communications Commission
2
b. 47 CFR § 80.1161: “EPIRB transmissions must be used only under emergency
conditions…” On this date, the agent found the EPIRB activated in the absence
of any actual emergency situation on a small vessel located at a private residence
in Vega Baja, Puerto Rico.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,
3
and
Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial
actions taken. Therefore, Juan Carlos Cacho Alvelo 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
4. 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
Office of Director – Region Two
3600 Hiram Lithia Springs RD SW
Powder Springs, GA 30127
5. This Notice shall be sent to Juan Carlos Cacho Alvelo at his address of record.
6. The Privacy Act of 1974
5
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
Ronald D. Ramage
Regional Director
Region Two
Enforcement Bureau
3
47 U.S.C. § 308(b).
4
47 CFR § 1.89(c).
5
P.L. 93-579, 5 U.S.C. § 552a(e)(3).