**FEDERAL COMMUNICATIONS COMMISSION**

![](media/image1.png){width="0.84375in" height="0.84375in"}**ENFORCEMENT
BUREAU**

NORTHEAST REGION

**Columbia Office**

9200 Farm House Lane

Columbia, MD 21046

October 24, 2006

**CERTIFIED MAIL NO.: 7099 3220 0006 5292 6105**

**RETURN RECEIPT REQUESTED** **AND FIRST CLASS U.S. MAIL**

Martha Ann 1 LLC Case Number: EB-06-CF-111

Silver Spring, MD Document Number: W20073234001

**NOTICE OF UNLICENSED OPERATION**

The Columbia Office received a complaint from Verizon Wireless
("Verizon") that a signal centered on the frequency 841.0 MHz was
allegedly originating from the vessel Martha Ann, docked at the
Annapolis Yacht Basin, Annapolis, MD and causing harmful interference to
Verizon's radio system. On July 5, 2006, agents from this office
confirmed by direction finding techniques that radio signals
approximately 12 MHz wide and centered on frequency 841.0 MHz were
emanating from a bi-directional amplifier ("BDA") on the Martha Ann,
official ship number 1123277. The agents advised the captain to turn off
the "BDA."

On August 29, 2006 agents from this office again responded to a
complaint from Verizon concerning interference originating from the
Martha Ann. Agents confirmed by direction finding techniques that radio
signals approximately 12 MHz wide and centered on frequency 841.0 MHz
were emanating from a BDA on the Martha Ann. The agents advised the
Martha Ann crew members to turn off the BDA.

At the time of the inspection, there was no valid authorization for the
operation of a BDA at this location. Operation of radio transmitting
equipment without a valid FCC authorization or license is a violation of
Section 301 of the Communications Act of 1934, as amended.[^1] The only
exception to this licensing requirement is for certain transmitters
using or operating at a power level or mode of operation that complies
with the standards established in Part 15 of the Commission's rules, 47
C.F.R. §§ 15.1 *et seq*. There is no such exception for transmitters
operating on 841.0 MHz.

You are hereby warned that operation of radio transmitting equipment
without a valid radio station authorization constitutes a violation of
the Federal laws cited above and could subject the operator 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**.

You have ten (10) days from the date of this notice to respond with any
evidence that you have authority to operate granted by the FCC. 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.

James T. Higgins

District Director

Columbia Office

Attachments:

Excerpts from the Communications Act of 1934, As Amended

Enforcement Bureau, \"Inspection Fact Sheet\", July 2003

[^1]: 47 U.S.C. § 301.