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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Ronald Lee Dalton ) File No. EB-09-MA-0093


   Owner of Vessel "Miss Nicole" )

   Florida State Registration # FL5261EX ) NOV No. V200932600003


   Homestead, Florida )

                              NOTICE OF VIOLATION

   Released: June 16, 2009

   By the Resident Agent, Miami Office, South Central Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules to Ronald Lee Dalton, owner of vessel
       #FL5261EX in Homestead, Florida.

    2. On May 28, 2009, in response to an interference complaint from the
       United States Coast Guard, an agent of the Commission's Miami Office
       used direction finding techniques to track a moving vessel at sea, and
       located the source of interference to the vessel "Miss Nicole,"
       #FL5261EX, after it had come ashore at Black Point Marina, 24775-24777
       SW 87th Avenue, Homestead, Florida 33032. The agent inspected the
       radio equipment aboard vessel #FL5261EX and observed the following

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
   communications." The agent determined that a VHF transmitter aboard your
   vessel was transmitting a continuous unmodulated carrier on VHF Marine
   channel 16 (156.800 MHz), the International and Distress Calling
   Frequency. Interference to marine channel 16 is a violation with potential
   impact upon safety of life and property. A false activation could possibly
   obscure genuine distress transmissions, and places a strain on valuable
   safety and rescue agencies. The VHF marine radio on board the vessel "Miss
   Nicole" was apparently activated due to a radio malfunction or improper
   handling while in transit.

    3. Pursuant to Sections 403 of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Ronald Lee Dalton
       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 Ronald Lee
       Dalton. 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

   Miami Office

   PO Box 520617

   Miami, FL 33152-0617

    4. This Notice shall be sent to Ronald Lee Dalton at his address of

    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.


   Steven DeSena

   Resident Agent

   Miami Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 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