Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Cape May Fishing, LP ) File No. EB-FIELDWR-15-00018638 Licensee of Ship Radio Station WDE2195 ) ) Bellevue, WA ) NOV No. V201532860014 ) NOTICE OF VIOLATION Released: March 31, 2015 By the Resident Agent, Honolulu Office, Western Region, Enforcement Bureau: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules), 1 to Cape May Fishing, LP (May), licensee of ship radio station WDE2195, F/V Cape May, in Bellevue, Washington. Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does not preclude the Enforcement Bureau from further action if warranted, including issuing a Notice of Apparent Liability for Forfeiture for the violation noted herein. 2 2. Between December 10, 2014, and February 18, 2015, the High Frequency Direction Finding (HFDF) Center of the FCC’s Public Safety and Homeland Security Bureau monitored transmissions by ship radio station WDE2195, F/V Cape May, on the frequency 8935.0 kHz lower sideband (LSB), operating between Hawaii and American Samoa, and observed the following violation: 47 C.F.R. § 1.903(a): “Stations in the Wireless Radio Services must be used and operated only in accordance with the rules applicable to their particular service as set forth in this title and with a valid authorization granted by the Commission…” The license for ship station WDE2195 does not authorize operation on the aeronautical frequency 8935.0 kHz. The HFDF Center has received complaints from Aeronautical Radio, Inc. (ARINC) that the unauthorized transmissions are causing harmful interference to ARINC’s authorized operations. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, 3 and Section 1.89 of the Rules, we seek additional information concerning the violations and any remedial actions taken. Therefore, May must submit a written statement concerning this matter within twenty (20) days of release of this Notice. The response (i) must fully explain each violation, including all relevant surrounding facts and circumstances, (ii) must contain a statement of the specific action(s) taken to correct each violation and preclude recurrence, and (iii) must include a time line for completion of any 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 308(b). Federal Communications Commission 2 pending corrective action(s). The response must be complete in itself and must not be abbreviated by reference to other communications or answers to other notices. 4 4. In accordance with Section 1.16 of the Rules, we direct May to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of May with personal knowledge of the representations provided in May’s response, verifying the truth and accuracy of the information therein, 5 and confirming that all of the information requested by this Notice which is in the regulatee’s possession, custody, control, or knowledge has been produced. To knowingly and willfully make any false statement or conceal any material fact in reply to this Notice is punishable by fine or imprisonment under Title 18 of the U.S. Code. 6 5. 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 6. This Notice shall be sent to Cape May Fishing, LP, at its address of record. 7. The Privacy Act of 1974 7 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. FEDERAL COMMUNICATIONS COMMISSION Ryan Hagihara Resident Agent Honolulu Office Western Region Enforcement Bureau 4 47 C.F.R. § 1.89(c). 5 Section 1.16 of the Rules provides that “[a]ny document to be filed with the Federal Communications Commission and which is required by any law, rule or other regulation of the United States to be supported, evidenced, established or proved by a written sworn declaration, verification, certificate, statement, oath or affidavit by the person making the same, may be supported, evidenced, established or proved by the unsworn declaration, certification, verification, or statement in writing of such person . . . . Such declaration shall be subscribed by the declarant as true under penalty of perjury, and dated, in substantially the following form . . . : ‘I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)’.” 47 C.F.R. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).