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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Herman Van Den Broeck ) File No. EB-09-MA-0098
Licensee of Maritime Radio Station )
Owner of Vessel "Nomad" )
Lexington, Kentucky ) NOV No. V200932600005
)
)
NOTICE OF VIOLATION
Released: July 27, 2009
By the Resident Agent, Miami Office, South Central Region, Enforcement
Bureau:
1. This is a Notice of Violation ("Notice") issued pursuant to Section
1.89 of the Commission's Rules to Herman Van Den Broeck, licensee of a
maritime radio station and owner of the vessel "Nomad" currently
docked in Fort Lauderdale, Florida.
2. On June 2, 2009, in response to an interference complaint from the
United States Coast Guard, agents of the Commission's Miami Office
used direction finding techniques to locate the source of interference
to the vessel "Nomad" at the Hall of Fame Marina, 435 Seabreeze Blvd.,
Fort Lauderdale, Florida. Agents observed the following violation:
47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous radio
communications." Agents determined that a VHF transmitter aboard your
vessel was transmitting a continuous unmodulated carrier on VHF Marine
channel 16 (156.800 MHz), the International and Distress Calling
Frequency. Interference to marine channel 16 is a violation with potential
impact upon safety of life and property. A false activation could possibly
obscure genuine distress transmissions, and places a strain on valuable
safety and rescue agencies. The vessel "Nomad" contact provided another
vessel owner at the Hall of Fame Marina access to your vessel and that
person disconnected the radio on the vessel "Nomad."
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Herman Van Den Broeck 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 Herman Van Den Broeck. 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
Miami Office
PO Box 520617
Miami, FL 33152-0617
4. This Notice shall be sent to Herman Van Den Broeck 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
Stephanie Dabkowski
Resident Agent
Miami Office
South Central 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
2
Federal Communications Commission