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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Kele Fergerstron ) File No.  EB-FIELDWR-12-00005254

   Gyrocopter N125H )

   Kalaeloa, Hawaii ) NOV No. V201332860002

   )

                              NOTICE OF VIOLATION

   Released: 111512

   By the Resident Agent, Honolulu Resident Agent 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 Kele Fergerstron, authorized agent for
       the gyrocopter bearing FAA tail number N125H in Kalaeloa, Hawaii.
       Pursuant to Section 1.89(a) of the Rules, issuance of this Notice does
       not preclude the Enforcement Bureau from further action if warranted,
       including issuing a Notice of Apparent Liability for Forfeiture for
       the violation(s) noted herein.

    2. On October 28, 2012, an agent of the Enforcement Bureau's Honolulu
       Resident Agent Office inspected gyrocopter N125H at Kalaeloa Airport,
       and observed the following violation:

   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 gyrocopter N125H
   was activated 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, we seek
       additional information concerning the violations and any remedial
       actions taken. Therefore, Kele Fergerstron, must submit a written
       statement concerning this matter within twenty (20) days of release of
       this Notice. The response (i) must fully explain each violation,
       including all relevant surrounding facts and circumstances, (ii) must
       contain a statement of the specific action(s) taken to correct each
       violation and preclude recurrence, and (iii) must include a time line
       for completion of any pending corrective action(s). The response must
       be complete in itself  and must not be abbreviated by reference to
       other communications or answers to other notices.

    4. In accordance with Section 1.16 of the Commission's Rules, we direct
       Kele Fergerstron  to support his response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of Kele Fergerstron with personal knowledge of
       the representations provided in the response, verifying the truth and
       accuracy of the information therein, and confirming that all of the
       information requested by this Notice which is in the licensee's
       possession, custody, control, or knowledge has been produced. To
       knowingly and willfully make any false statement or conceal any
       material fact in reply to this Notice is punishable by fine or
       imprisonment under Title 18 of the U.S. Code.

    5. 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 Resident Agent Office

   POB 971030

   Waipahu, Hawaii 96797-1030

    6. This Notice shall be sent to Kele Fergerstron at his address of
       record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   John R. Raymond

   Resident Agent

   Honolulu Resident Agent Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

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

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's Rules provides that "[a]ny document to be
   filed with the Federal Communications Commission and which is required by
   any law, rule or other regulation of the United States to be supported,
   evidenced, established or proved by a written sworn declaration,
   verification, certificate, statement, oath or affidavit by the person
   making the same, may be supported, evidenced, established or proved by the
   unsworn declaration, certification, verification, or statement in writing
   of such person . . . . Such declaration shall be subscribed by the
   declarant as true under penalty of perjury, and dated, in substantially
   the following form . . . : `I declare (or certify, verify, or state) under
   penalty of perjury that the foregoing is true and correct. Executed on
   (date). (Signature)'." 47 C.F.R. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

   P.L. 93-579, 5 U.S.C. S: 552a(e)(3).

   Federal Communications Commission

   2

                       Federal Communications Commission