Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Ronald Lee Dalton ) File No. EB-09-MA-0093 ) Owner of Vessel “Miss Nicole” ) Florida State Registration # FL5261EX ) NOV No. V200932600003 ) Homestead, Florida ) NOTICE OF VIOLATION Released: June 16, 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 Ronald Lee Dalton, owner of vessel #FL5261EX in Homestead, Florida. 2. On May 28, 2009, in response to an interference complaint from the United States Coast Guard, an agent of the Commission’s Miami Office used direction finding techniques to track a moving vessel at sea, and located the source of interference to the vessel “Miss Nicole,” #FL5261EX, after it had come ashore at Black Point Marina, 24775-24777 SW 87th Avenue, Homestead, Florida 33032. The agent inspected the radio equipment aboard vessel #FL5261EX and observed the following violation: 47 C.F.R. § 80.89(a): “Stations must not engage in superfluous radio communications.” The agent 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 VHF marine radio on board the vessel “Miss Nicole” was apparently activated due to a radio malfunction or improper handling while in transit. 3. Pursuant to Sections 403 of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, Ronald Lee Dalton 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 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 completion of pending corrective action(s). The response must be complete in itself and signed by Ronald Lee Dalton. 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 Ronald Lee Dalton 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 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.