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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Robert Henry ) File No. EB-06-NY-165

   Licensee of Ship Radio Station WCX52021239609 )

   Staten Island, NY ) NOV No. V20063238042

                              NOTICE OF VIOLATION

   Released:  August 16, 2006

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Robert Henry, licensee of marine
       radio station WCX5202, Staten Island, NY.

    2. On July 13, 2006, in response to a complaint from the United States
       Coast Guard of interference to the frequency 156.650 MHz, an agent of
       the Commission's New York Office conducted an investigation. The agent
       determined that the interference was coming from station WCX5202 on
       the vessel Rachel Marie, which was moored at Caribbean Transport Line
       yard, Mariners Harbor, 3001 Richmond Terrace, Staten Island, NY 10303.
       During a station inspection, the agent observed the following

   47 C.F.R. S 80.89(d): "When using telephony, [stations must not] transmit
   signals or communications not addressed to a particular station or
   stations." During the station inspection, the agent observed that the
   radio transmission equipment found aboard the Rachel Marie and used in the
   operation of marine radio station WCX5202 was causing interference to the
   frequency 156.650 MHz as a result of the station's emission of a
   continuous carrier on that frequency.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Robert Henry 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 Robert Henry. 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

   Federal Communications Commission

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    4. This Notice shall be sent to Robert Henry 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.


   Daniel W. Noel

   District Director

   New York Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 308(b).

   P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   18 U.S.C. S 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission