Federal Communications Commission
Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jack Dally ) File No. EB-09-MA-0114
)
Owner of Vessel “Dolphin” )
New Jersey State Registration # NJ65522FW ) NOV No.  V200932600004
)
Brielle, New Jersey )
NOTICE OF VIOLATION
Released:  July 20, 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 Jack Dally, owner of vessel # NJ65522FW which is currently 
docked in Miami, Florida. 
2. On July 12, 2009, in response to an interference complaint from the United States Coast 
Guard, agents of the Commission’s Miami Office located the source of interference to the 
vessel “Dolphin,” vessel # NJ65522FW.  The agent inspected the radio equipment 
aboard vessel # NJ65522FW 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.  Agents observed that the 
VHF marine radio on board the vessel “Dolphin” was left on and 
tuned to channel 16.  The handset was tightly wedged between 
the console and the inner side wall of the vessel, so that the 
transmit key was continuously depressed.  
3. Pursuant to Sections 403 of the Communications Act of 1934, as amended,2 and Section 
1.89 of the Commission's Rules, Jack Dally 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 
  
1 47 C.F.R. § 1.89.
2 47 U.S.C. § 403.
Federal Communications Commission
2
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 Jack 
Dally.  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 Jack Dally 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.