Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Lawrence Baker ) File No. EB-09-SF-0071
Aircraft Owner )
Aptos, California )
) NOV No. V200932960007
)
NOTICE OF VIOLATION
Released: September 28, 2009
By the District Director, San Francisco 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 Lawrence Baker, operator of an
Emergency Locator Transmitter (ELT), ID No. ADCC40D2C0002F1, in Aptos,
California.
2. On September 17, 2009, in response to a complaint from the Air Force
Rescue Coordination Center (AFRCC), agents of the Enforcement Bureau's
San Francisco Office located an activated ELT operating on 406.025 MHz
and 121.5 MHz in an aircraft under construction in the garage, at
Baker's residence in Aptos, California and observed the following
violations:
a. 47 C.F.R. S: 87.193: "Transmissions by emergency locator transmitters
(ELTs) are intended to be actuated manually or automatically and
operated automatically as part of an aircraft or a survival craft
station as a locating aid for survival purposes." At the time of the
inspection, the agents found the ELT in an activated mode in an
aircraft under construction. There was no actual emergency situation.
b. 47 C.F.R. S: 87.199(f): "To enhance protection of life and property,
it is mandatory that each 406.0-406.1 MHz ELT must be registered with
NOAA before installation and that information be kept up-to-date." At
the time of inspection, Baker acknowledged that the ELT was not
registered. AFRCC also indicated that the ELT with Serial No. 13488
is not registered with NOAA.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Lawrence Baker 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 Lawrence Baker. 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
San Francisco Office
5653 Stoneridge Drive, Suite 105
Pleasanton, CA 94588-8543
4. This Notice shall be sent by Certified Mail/Return Receipt requested
and regular mail, to Lawrence Baker, at his 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
Thomas N. Van Stavern
District Director
San Francisco District 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