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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-10-MA-0177
)
Daniel E. Londono )
West Palm Beach, FL ) NOV No. V201132600001
)
NOTICE OF VIOLATION
Released: October 5, 2010
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Daniel E. Londono.
2. On September 26, 2010, in response to a report of an activated
emergency beacon by the United States Air Force Rescue Coordination
Center (AFRCC), agents of the Commission's Miami Office observed the
following violations:
a. 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. The
agents found that your ACR Satellite 406 EPIRB located in your vessel
in West Palm Beach, FL, was activated in the absence of any actual
emergency situation.
b. 47 C.F.R. S: 80.1061(f): "To enhance protection of life and property
it is mandatory that each 406.0 - 406.1 MHz EPIRB be registered with
NOAA before installation and that information be kept
up-to-date...Vessel owners shall advise NOAA in writing upon change
of vessel or EPIRB ownership, transfer of EPIRB to another vessel, or
any other change in registration information." Alternatively, EPIRBs
can be registered, or registration information can be updated, at
NOAA's online registration database at:
www.beaconregistration.noaa.gov. This information is used by rescue
authorities to contact you in the event of an EPIRB activation. You
could not be contacted regarding the activated EPIRB since you failed
to update the EPIRB's registration information when you acquired it,
and the EPIRB was transmitting its unique identification code which
was still assigned to a previous owner.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Daniel E. Londono must
submit a written statement concerning this matter within twenty (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 Daniel E. Londono. 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
Miami Office
PO Box 520617
Miami, FL 33152-0617
4. This Notice shall be sent to Daniel E. Londono 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
Steven DeSena
Resident Agent
Miami Office
South Central 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