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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   James Gregory Donaghy ) File No. EB-11-PO-0003


   Marine Vessel Registration Number WN5894NW )


   Vancouver, Washington ) NOV No. V201132920003

                              NOTICE OF VIOLATION

   Released: January 19, 2011

   By the Resident Agent, Portland Resident Agent Office, Western Region,
   Enforcement Bureau:

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to James Gregory Donaghy, owner of a
       motor vessel with Washington State Registration Number WN5894NW,
       Vancouver, Washington.

    2. On January 11, 2011, in response to an interference complaint from the
       U.S. Coast Guard, Sector Columbia River, Oregon, an agent of the
       Enforcement Bureau's Portland Resident Agent Office monitored and
       located the interfering signal to a marine VHF ship radio station
       installed on Donaghy's vessel, registration number WN5894NW,
       Vancouver, Washington, and observed the following violations:

     a. 47 C.F.R. S: 80.89(e): "Stations must not transmit while on board
        vessels located on land unless authorized under a public coast
        station license." Using radio direction finding equipment, the
        inspecting agent located the signal on Channel 16 to a marine vessel
        with Washington State Registration Number WN5894NW located on land at
        Donaghy's residence in Vancouver, Washington. During the inspection,
        the agent found that a malfunctioning marine VHF radio was keyed up,
        and transmitting a continuous carrier on Marine VHF Channel 16.

     b. 47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
        communications." There appeared to be no authorized purpose for the

    3. Pursuant to Section 308(b)  of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, James Gregory
       Donaghy must submit a written statement concerning this matter within
       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 Gregory
       Donaghy. 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

   Portland Resident Agent Office

   PO Box 61469

   Vancouver, Washington 98666-1469

    4. This Notice shall be sent to James Gregory Donaghy 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.


   Binh Nguyen

   Resident Agent

   Portland Resident Agent Office

   Western 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