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« on: July 18, 2016, 2158 UTC »
FEDERAL COMMUNICATIONS COMMISSION
ENFORCEMENT BUREAU
REGION 1
Columbia Office
9200 Farm House Lane
Columbia, Maryland 21046
July 06, 2016
Little Bay Lobster Company
Newington, New Hampshire
NOTICE OF UNLICENSED OPERATION
Case Number: EB-FIELDNER-16-00022055
Document Number: W201632340002
The Columbia Office of the Federal Communications Commission's
(Commission's) Enforcement Bureau received information that fishing
vessels were operating within the aeronautical band in Portsmouth,
New Hampshire. Subsequently, the Commission's High Frequency Direction
Finding Center confirmed that fishing vessels owned by the Little Bay
Lobster Company were operating on 5642.9 kHz, only 300 Hz below the
frequency assigned by the Commission to an aeronautical radio licensee,
KUA3.
The frequency 5642.9 kHz is authorized under Part 87 of the FCC Rules
only for Aviation Services. The Little Bay Lobster Company is not
eligible to operate on any frequency in the Aviation Services, including
5642.9 kHz. Even if it were eligible, Section 87.263(b) of the Rules
prohibits the regular use of high frequencies for aeronautical enroute
or any aeronautical mobile (R) communications in the domestic service
within the continental United States (excluding Alaska).
You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of
47 U.S.C. § 301 and could subject you to severe penalties, including,
but not limited to, substantial monetary fines, in rem arrest action
against the offending radio equipment, and criminal sanctions including
imprisonment. (See 47 U.S.C. §§ 401, 501, 503 and 510.)
UNLICENSED OPERATION OF THIS RADIO STATION MUST BE DISCONTINUED
IMMEDIATELY AND SHALL NOT RESUME.
Pursuant to Section 308(b) of the Act, you have 15 days from the date of
this letter to respond advising what corrective actions you have taken
to eliminate the observed violations of Commission Rules. Your response
should be sent to the address in the letterhead and reference the listed
case and document number. Under the Privacy Act of 1974, 5 U.S.C. §
552a(e)(3), we are informing you that the Commission's staff will use
all relevant material information before it to determine what, if any,
enforcement action is required to ensure your compliance with FCC Rules.
This will include any information that you disclose in your reply.
You may contact this office if you have any questions.
Dave Dombrowski
Regional Director
Columbia Office
Region 1
Enforcement Bureau
Attachments:
Excerpts from the Communications Act of 1934, As Amended
Enforcement Bureau, "Inspection Fact Sheet", March 2005
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