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Doug Ward, Vancouver, WA

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Released: October 31, 2013

Federal Communications Commission

Before the

Federal Communications Commission

Washington, D.C. 20554

In the Matter of
)
)
Attn: Doug Ward
) File No.: EB-FIELDWR-13-00011844
Motor Vessel George W
)
Call Sign WDG2521
)
)
Vancouver, WA 98684
)
) NOV No.: V201432920002

NOTICE OF VIOLATION

Released: October 31, 2013

By the Resident Agent, Portland Resident Agent 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)1 to Doug Ward, operator of motor vessel George W., Call Sign WDG2521, in
Vancouver, 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.2
2.
On October 26, 2013, in response to an interference complaint on Marine VHF Channel
16 from the United States Coast Guard Sector Columbia River, an agent of the Enforcement Bureau’s
Portland Office investigated and observed the following violation:
a.
47 C.F.R. § 80.89(a): “Stations must not engage in superfluous radio
communications.” There appeared to be an open microphone on the vessel
operating on Channel 16, with no authorized purpose for the transmissions.
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, Doug Ward, 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

1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).
3 47 U.S.C. § 308(b).
4 47 C.F.R. § 1.89(c).

Federal Communications Commission

4.
In accordance with Section 1.16 of the Rules, we direct Doug Ward to support its
response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by
Doug Ward with personal knowledge of the representations provided in the response, verifying the truth
and accuracy of the information therein,5 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.6
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
Portland Resident Agent Office
P.O. Box 61469
Vancouver, Washington 98666-1469
6.
This Notice shall be sent to Doug Ward at his address of record.
7.
The Privacy Act of 19747 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
Binh Nguyen
Resident Agent
Portland Resident Agent Office
Western Region
Enforcement Bureau

5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
2

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