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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   James Ryan ) File No. EB-08-PA-0432


   Owner of Vessel # NJ6592GE ) NOV No. V200932400002


   Manahawkin, New Jersey )

                              NOTICE OF VIOLATION

   Released: October 10, 2008

   By the District Director, Northeast Region, Philadelphia Office,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to James Ryan, owner of vessel
       #NJ6592GE in Manahawkin, New Jersey.

    2. On September 29, 2008, in response to an interference complaint from
       the United States Coast Guard, agents of the Commission's Philadelphia
       Office used direction finding techniques to locate the source of
       interference to West Creek Marina in West Creek, New Jersey. The
       agents inspected the radio equipment aboard vessel #NJ6592GE and
       observed the following violation:

   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. This provision does not apply to the transmission of distress,
   alarm, urgency, or safety signals or messages, or to test transmissions."
   The agents determined that a VHF transmitter aboard your vessel was
   transmitting a continuous unmodulated carrier on VHF Marine channel 16
   (156.8 MHz), the International and Distress Calling Frequency. The
   transmission was not conducted as a test or for distress or emergency

    3. Pursuant to Sections 308(b) and 403 of the Communications Act of 1934,
       as amended, and Section 1.89 of the Commission's Rules, James Ryan
       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 James Ryan. 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

   Philadelphia Office

   One Oxford Valley Building, Suite 404

   2300 East Lincoln Highway

   Langhorne, Pennsylvania 19047

    4. This Notice shall be sent to James Ryan 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.


   Gene J. Stanbro

   District Director

   Philadelphia Office

   Northeast Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S:S: 308(b), 403.

   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