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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Dan Blancho ) File No.: EB-FIELDNER-17-00025162
Owner of an Emergency Position )
Indicating Radio Beacon )
Norfolk, Virginia )
)
NOTICE OF VIOLATION
Released: October 12, 2017
By the Regional Director, Region One, Enforcement Bureau:
1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the
Commission’s rules (Rules)
1
to Dan Blancho, owner of an Emergency Position Indicating Radio Beacon
(“EPIRB”) in Norfolk, Virginia. 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 Federal Communications Commission’s (FCC’s) Columbia Field Office received a
telephone call from the U.S. Coast Guard Sector Hampton Roads, Virginia, requesting assistance in
locating interference to safety and distress frequency 406 MHz. On September 7, 2017, an agent of the
Enforcement Bureau’s Columbia Office used direction finding techniques to locate an active EPIRB
operating on both 121.5 MHz and 406.025 MHz in Chesapeake, Virginia, and observed violations of the
following rules:
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 September 7, 2017,
the 406 MHz EPIRB with NOAA Registration ID Code: 2DD42D80BF81FE0
was not registered to Mr. Dan Blancho or his vessel.
1
47 CFR § 1.89.
2
47 CFR § 1.89(a).
b. 47 CFR § 80.1161: “EPIRB transmissions must be used only under emergency
conditions…” (emphasis added). Also on September 7, 2017, the agent found
the EPIRB was activated in the absence of any actual emergency situation and
located on your submerged vessel, “Salty Reels” (VA Registration 5157 BZ)
while docked at the Atlantic Yacht Basin in Chesapeake, Virginia.
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, Dan Blancho 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
Columbia Regional Office
9200 Farm House Lane
Columbia, Maryland 21046
5. This Notice shall be sent to Dan Blancho 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
David C. Dombrowski
Regional Director
Region One
Enforcement Bureau
3
47 U.S.C. § 308(b).
4
47 CFR § 1.89(c).
5
5 U.S.C. § 552a(e)(3).