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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Brian P. McKenna ) File No. EB-07-LA-318


   Oxnard, California 93036 ) NOV No. V20073290015

   Owner of Vessel # CF3501NC )


                              NOTICE OF VIOLATION

                                                 Released: September 12, 2007

   By the District Director, Los Angeles Office, Western Region, Enforcement

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Brian P. McKenna, owner of vessel #
       CF3501NC located in Oxnard, California.

    2. On August 30, 2007, an agent of the Enforcement Bureau's Los Angeles
       Office, accompanied by a member of the U.S Coast Guard , tracked a
       continuous carrier on Marine VHF Channel 16, 156.800 MHz, to the
       vessel # CF3501NC, docked at 2050 Kingbridge Way, Oxnard, California,
       and observed the following violation:

     a. 47 C.F.R. S: 80.89: "Unauthorized transmissions - Stations must not:
        (a) Engage in superfluous radiocommunication." Interference to
        156.800 MHz, the maritime VHF distress and safety frequency, is a
        violation of the most critical nature, with potential impact upon
        safety of life and property. Tracking down such interference also
        places a strain on valuable resources of the safety and rescue
        agencies. The agent observed that vessel # CF3501NC was transmitting
        unauthorized or superfluous communications on 156.800 MHz.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Brian P. McKenna, 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 Brian P. McKenna. 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

   Los Angeles Office

   18000 Studebaker Rd., Suite 660

   Cerritos, California 90703

    4. This Notice shall be sent to by Certified Mail/Return Receipt
       Requested and regular mail to Brian P. McKenna 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.


   Catherine Deaton

   District Director

   Los Angeles District Office

   Western 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