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                                   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 Rules 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. S: 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,
       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 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 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

   Steven DeSena

   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