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 Federal  Communications  Commission 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 


 In  the  Matter  of  )  ) 
 Edwin  “Bud”  Summers  )  M/  V  Reel  Time  II  )  File  No.  EB-  06-  LA-  236 
 Licensee  of  Maritime  Radio  Station  )  San  Clemente,  CA  )  NOV  No.  V20063290013 
 )  ) 
 ) 


 NOTICE  OF  VIOLATION 
 Released:  September  29,  2006 
 By  the  District  Director,  Los  Angeles  Office,  Western  Region,  Enforcement  Bureau: 
 1.  This  is  a  Notice  of  Violation  ("  Notice")  issued  pursuant  to  Section  1.89  of  the  Commission’s  Rules,  1  to  Edwin  “Bud”  Summers,  licensee  of  maritime  radio  station,  U.  S.  Coast  Guard 
 Hull  ID  Number  677197. 
 2.  On  September  18,  2006,  in  response  to  a  complaint  from  the  U.  S.  Coast  Guard,  an  agent  of  the  Enforcement  Bureau’s  Los  Angeles  Office  inspected  an  Emergency  Position  Indicating  Radio 
 Beacon  (“  EPIRB”)  located  on  the  licensee’s  M/  V  Reel  Time  II  moored  in  Dana  Point  Harbor,  Dana  Point,  California,  and  observed  the  following  violation: 


 47  C.  F.  R.  §  80.  89(  a):  “Stations  must  not  engage  in  superfluous  radiocommunication.”  Transmissions  by  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  determined  that  the  EPIRB’s  switch  was  broken,  which  had  caused  the  inadvertent  activation  of  the  device. 


 3.  Pursuant  to  Section  308(  b)  of  the  Communications  Act  of  1934,  as  amended,  2  and  Section  1.89  of  the  Commission's  Rules,  Edwin  “Bud”  Summers  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 


 1  47  C.  F.  R.  §  1.89. 
 2  47  U.  S.  C.  §  308(  b). 
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 must  be  complete  in  itself  and  signed  by  Edwin  “Bud”  Summers.  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  Los  Angeles  District  Office 
 18000  Studebaker  Road,  Suite  660  Los  Angeles,  California  90703 


 4.  This  Notice  shall  be  sent  by  certified  mail,  return  receipt  requested,  to  Edwin  “Bud”  Summers,  at  the  address  of  record. 
 5.  The  Privacy  Act  of  1974  3  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.  4 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 Catherine  Deaton  District  Director 
 Los  Angeles  District  Office  Western  Region 
 Enforcement  Bureau 


 3  P.  L.  93-  579,  5  U.  S.  C.  §  552a(  e)(  3). 
 4  18  U.  S.  C.  §  1001  et  seq. 
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