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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Long Nguyen ) File No. EB-09-HL-0115
Licensee of Maritime Radio Station, WUV5035 )
Vessel SEA DRAGON, Documentation Number 916874 )
Honolulu, Hawaii ) NOV No. V200932860014
)
NOTICE OF VIOLATION
Released: September 15, 2009
By the Resident Agent, Honolulu Office, Western Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Long Nguyen, licensee of maritime
radio station, WUV5035.
2. On August 26, 2009, in response to a complaint from the United States
Coast Guard, an agent of the Enforcement Bureau's Honolulu Office
located an abandoned 406 EPIRB belonging to the vessel SEA DRAGON,
WUV5035, documentation number 916874, at a vacant lot at 869 North
Nimitz Highway in Honolulu, Hawaii, and observed the following
violation:
47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
radiocommunication." Transmissions by emergency position indicating radio
beacons ("EPIRBs") are intended to be actuated manually or automatically
and operated automatically as part of a ship or a survival craft station
as a locating aid for survival purposes. At the time of the inspection,
the agent found the 406 EPIRB activated in a vacant lot in the absence of
any actual emergency situation.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Long Nguyen must submit a
written statement concerning this matter within 20 days of release of
this Notice. The response must fully explain each violation, must
contain a statement of the specific action(s) taken to correct each
violation and preclude recurrence, and should include a time line for
completion of pending corrective action(s). The response must be
complete in itself and signed by Long Nguyen. 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
Honolulu Office
P.O. Box 971030
Waipahu, Hawaii 96797-1030
4. This Notice shall be sent by certified mail, return receipt requested,
to Long Nguyen, at the address of record.
5. 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. Any false
statement made knowingly and willfully in reply to this Notice is
punishable by fine or imprisonment under Title 18 of the U.S. Code.
FEDERAL COMMUNICATIONS COMMISSION
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
18 U.S.C. S: 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission