Click here for Adobe Acrobat version
Click here for Microsoft Word version
******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   Certified Mail # 7002 1000 0004 8897 2091

   Return Receipt Requested

   In the Matter of )

   )

   Resort Air LLC ) File No. EB-06-HL-132

   Licensee of Aircraft Radio Station N38DD )

   Honolulu, Hawaii ) NOV No. V20063286014

   )

   )

   )

                              NOTICE OF VIOLATION

   Released: Sept  28, 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, to Resort Air LLC, licensee of
       aircraft radio station N38DD.

    2. On August 21, 2006, an agent of the Commission's Honolulu Office
       inspected aircraft radio station N38DD located in the All Island
       Aviation hangar on the south ramp of the Honolulu International
       Airport, and observed the following violation:

   a. 47 C.F.R. S 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 N38DD
   was activated during maintenance, in the absence of any actual emergency
   situation.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, Resort Air LLC
       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
       Resort Air LLC. 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 Resort Air LLC, at the 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

   John R. Raymond

   Resident Agent

   Honolulu Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S 1.89.

   47 U.S.C. S 308(b).

   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