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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Robert Henry ) File No. EB-06-NY-165
Licensee of Ship Radio Station WCX52021239609 )
Staten Island, NY ) NOV No. V20063238042
NOTICE OF VIOLATION
Released: August 16, 2006
By the District Director, New York Office, Northeast Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules, to Robert Henry, licensee of marine
radio station WCX5202, Staten Island, NY.
2. On July 13, 2006, in response to a complaint from the United States
Coast Guard of interference to the frequency 156.650 MHz, an agent of
the Commission's New York Office conducted an investigation. The agent
determined that the interference was coming from station WCX5202 on
the vessel Rachel Marie, which was moored at Caribbean Transport Line
yard, Mariners Harbor, 3001 Richmond Terrace, Staten Island, NY 10303.
During a station inspection, the agent observed the following
violation:
47 C.F.R. S 80.89(d): "When using telephony, [stations must not] transmit
signals or communications not addressed to a particular station or
stations." During the station inspection, the agent observed that the
radio transmission equipment found aboard the Rachel Marie and used in the
operation of marine radio station WCX5202 was causing interference to the
frequency 156.650 MHz as a result of the station's emission of a
continuous carrier on that frequency.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, Robert Henry 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 Robert Henry. 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 Robert Henry 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.
FEDERAL COMMUNICATIONS COMMISSION
Daniel W. Noel
District Director
New York 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
2
Federal Communications Commission