Federal Communications Commission 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,1 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. § 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. § 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. 1 47 C.F.R. § 1.89. Federal Communications Commission 2 3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 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 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 Thomas N. Van Stavern District Director San Francisco District Office Western Region Enforcement Bureau 2 47 U.S.C. § 403. 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.