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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   Daniel Kelly )

   Licensee of Maritime Radio Station ) File No. EB-08-NY-0225

   Owner of Vessel "Read Head" )

   # NY4174PG ) NOV No. V200832380036

   Great Kills, NY 10308 )

                              NOTICE OF VIOLATION

   Released: June 19, 2008

   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 Daniel Kelly, licensee of a maritime
       radio station and owner of vessel #NY4174PG located in Great Kills,
       New York.

    2. On June 12, 2008, in response to an interference complaint from the
       United States Coast Guard, agents of the Commission's New York Office
       inspected the radio station aboard vessel #NY4174PG and observed the
       following violation:

   47 C.F.R. S: 80.89 (d): "Unauthorized transmissions - Stations must not:
   When using telephony, transmit signals or communications not addressed to
   a particular station or stations. This provision does not apply to the
   transmission of distress, alarm, urgency, or safety signals or messages,
   or to test transmissions." The agents determined that a VHF transmitter
   installed on your vessel was found to be transmitting a continuous
   unmodulated carrier on VHF Marine channel 16 (156.8 MHz), the
   International and Distress Calling Frequency. The transmission was not
   conducted as a test or for distress or emergency purposes.

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

   Federal Communications Commission

   New York Office

   201 Varick Street, Suite 1151

   New York, NY 10014

    4. This Notice shall be sent to Daniel Kelly 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.


   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: 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