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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

Certified Mail #7002 1000 0004 8897 2060                    
Return Receipt Requested

In the Matter of                )
FMY Inc                         )            File  No.  EB-06-HL-
Licensee of Aircraft Radio Station N36424    )
Honolulu, Hawaii                )            NOV              No.  

                       NOTICE OF VIOLATION

                                             Released:  January 
17, 2006

By the Resident Agent, Honolulu Office, Western Region, 
Enforcement Bureau:

  1.      This is a Notice of Violation ("Notice") issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to FMY 
     Inc., licensee of aircraft radio station N36424.

  2.      On December 26, 2005, an agent of the Commission's 
     Honolulu Office inspected aircraft radio station N36424 
     located at the General Aviation hanger, on the south ramp of 
     Honolulu International Airport, and observed the following 

       a. 47 C.F.R.  87.193: ``Transmissions by emergency 
          locator transmitters (ELTs) are intended to be 
          actuated manually or automatically and operated 
          automatically as part of an aircraft or a survival 
          craft station as a locating aid for survival 
          purposes.''  The ELT on board the aircraft N36424 
          was activated in the absence of any actual 
          emergency situation.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as amended,2 and Section 1.89 of the Commission's 
     Rules, FMY Inc. must submit a written statement concerning 
     this matter within 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 a 
     principal or officer of FMY, Inc.  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
                 Honolulu Office
                 P.O. Box 971030
                 Waipahu, Hawaii 96797-1030

  4.      This Notice shall be sent by certified mail, return 
     receipt requested, to FMY Inc., at its 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 

                                John R. Raymond
                                Resident Agent
                                Honolulu Office
                                Western Region
                                Enforcement Bureau


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.