Federal Communications Commission 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 Rules1 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. § 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,2 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 1 47 C.F.R. § 1.89. 2 47 U.S.C. § 403. Federal Communications Commission 2 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 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 Stephanie Dabkowski 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.