Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
James A. McKoy, Jr. ) File No. EB-09-MA-0086
Licensee of Maritime Radio Station WDB9263 )
Vessel Lady Catherine )
Marathon, FL ) NOV No.  V200932600002
)
)
NOTICE OF VIOLATION
Released:  May 18, 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 Rules1 to James A. McKoy, Jr., licensee of maritime radio station onboard 
vessel Lady Catherine.
2. On May 14, 2009, in response to a complaint by the National Oceanic and Atmospheric 
Administration Mission Control Center,  agents of the Commission’s Miami Office 
inspected the ship radio station, call sign WDB9623, aboard the vessel Lady Catherine at 
the Seascape Marina in Marathon, Florida, and observed the following violation:
a. 47 C.F.R. § 80.89(a): “Stations must not engage in superfluous 
radiocommunication.”  Transmissions by emergency position 
indicating radio beacons (“EPIRBs”) are intended to be actuated 
manually or automatically and operated automatically as part of a 
ship or a survival craft station as a locating aid for survival purposes.  
At the time of the inspection, the agent found that the ACR 
Electronics EPIRB on board the vessel was activated in the absence 
of any actual emergency situation. 
 
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,2 and Section 
1.89 of the Commission's Rules, James A. McKoy, Jr. 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 James A. McKoy, Jr.  All replies and documentation sent in response to this 
  
147 C.F.R. § 1.89.
247 U.S.C. § 403.
Federal Communications Commission
2
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 James A. McKoy, Jr. at his address of record.
5. The Privacy Act of 19743 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.4
FEDERAL COMMUNICATIONS COMMISSION
Steven DeSena
Resident Agent
Miami Office
South Central Region
Enforcement Bureau
  
3P.L. 93-579, 5 U.S.C. § 552a(e)(3).
418 U.S.C. § 1001 et seq.