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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Herman Van Den Broeck ) File No. EB-09-MA-0098

   Licensee of Maritime Radio Station )

   Owner of Vessel "Nomad" )

   Lexington, Kentucky ) NOV No. V200932600005



                              NOTICE OF VIOLATION

   Released: July 27, 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 Herman Van Den Broeck, licensee of a
       maritime radio station and owner of the vessel "Nomad" currently
       docked in Fort Lauderdale, Florida.

    2. On June 2, 2009, in response to an interference complaint from the
       United States Coast Guard, agents of the Commission's Miami Office
       used direction finding techniques to locate the source of interference
       to the vessel "Nomad" at the Hall of Fame Marina, 435 Seabreeze Blvd.,
       Fort Lauderdale, Florida. Agents observed the following violation:

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
   communications." Agents 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 vessel "Nomad" contact provided another
   vessel owner at the Hall of Fame Marina access to your vessel and that
   person disconnected the radio on the vessel "Nomad."

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Herman Van Den Broeck 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 Herman Van Den Broeck. 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 Herman Van Den Broeck 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.


   Stephanie Dabkowski

   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