Click here for Adobe Acrobat version
Click here for Microsoft Word version

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.


                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Jack Dally ) File No. EB-09-MA-0114


   Owner of Vessel "Dolphin" )

   New Jersey State Registration # NJ65522FW ) NOV No. V200932600004


   Brielle, New Jersey )

                              NOTICE OF VIOLATION

   Released: July 20, 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 Jack Dally, owner of vessel #
       NJ65522FW which is currently docked in Miami, Florida.

    2. On July 12, 2009, in response to an interference complaint from the
       United States Coast Guard, agents of the Commission's Miami Office
       located the source of interference to the vessel "Dolphin," vessel #
       NJ65522FW. The agent inspected the radio equipment aboard vessel #
       NJ65522FW and observed the following violation:

   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. Agents observed that the VHF marine radio on
   board the vessel "Dolphin" was left on and tuned to channel 16. The
   handset was tightly wedged between the console and the inner side wall of
   the vessel, so that the transmit key was continuously depressed.

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

   Miami Office

   PO Box 520617

   Miami, FL 33152-0617

    4. This Notice shall be sent to Jack Dally 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.


   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