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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Anthony J Caronia ) File No. EB-11-NY-0234

   Owner of Vessel # NY0349JZ )

   Smithtown, New York ) NOV No. V201132380021

                              NOTICE OF VIOLATION

   August 31, 2011

   By the District Director, New York Office, Northeast Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to section
       1.89 of the Commission's Rules, to Anthony J Caronia, owner of the
       vessel # NY0349JZ, in Smithtown, New York.

    2. On August 17, 2011, the Commission's New York office received a
       complaint from the U.S. Coast Guard, Sector Long Island Sound, New
       Haven, CT, regarding a continuous signal on VHF Marine Channel 16, the
       international and distress calling frequency. In response to the
       complaint, agents of the Commission's New York Office conducted an
       investigation and determined that the unauthorized transmissions on
       Channel 16 were coming from the vessel # NY0349JZ, located at Davis
       Park Marina, west side, between 3rd and 4th walk, Fire Island, New
       York, and observed the following violation:

   47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
   communications." At the time of the investigation, agents determined that
   a continuous carrier was inadvertently being transmitted on VHF Channel 16
   from a malfunctioning marine radio station located on Mr. Caronia's

    3. Pursuant to section 308(b)  of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Anthony J Caronia
       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 Anthony J
       Caronia. 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

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    4. This Notice shall be sent to Anthony J Caronia 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.


   Daniel W. Noel

   District Director

   New York District Office

   Northeast 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