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Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail #7001 0320 0002 9837 2390
Return Receipt Requested
In the Matter of )
)
Lady Alice Co Inc ) File No. EB-04-HL-
031
Licensee of Ship Radio Station )
LADY ALICE, WTC4765 )
Documentation Number 594346 )
POB 546, 10 W 7th St ) NOV No.
V20043286009
Barnegat Light, NJ 08006 )
)
)
NOTICE OF VIOLATION
Released: June 24,
2004
By the Honolulu Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to Lady
Alice Co Inc, licensee of ship radio station LADY ALICE,
WTC4765.
2. On June 23, 2004, agents of the Commission's Honolulu
Office inspected ship radio station LADY ALICE,
documentation number 594346, moored at Kewalo Basin,
Honolulu, Hawaii, and observed the following violation:
47 C.F.R. � 80.89(a): ``Stations must not engage in
superfluous radio communications.'' Transmissions
by emergency position indicating radiobeacons
(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. The EPIRB on board the
vessel LADY ALICE was apparently activated by
improper storage or handling while the vessel was
undergoing maintenance.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Lady Alice Co Inc, 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 a principal or officer of the licensee. 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 Lady Alice Co Inc, POB 546, 10 W 7th
St, Barnegat Light, NJ 08006.
5. The Privacy Act of 19743 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
John R. Raymond
Resident Agent
Honolulu Office
_________________________
1 47 C.F.R. � 1.89.
2 47 U.S.C. � 308(b).
3 P.L. 93-579, 5 U.S.C. � 552a(e)(3).
4 18 U.S.C. � 1001 et seq.