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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   National Air College, Inc. ) File No.  EB-FIELDWR-13-00009590

   Operator of Aircraft N2171D )

   )

   San Diego, California ) NOV No. V201332940014

   )

                              NOTICE OF VIOLATION

   Released: July 3, 2013

   By the San Diego Field Office, Western Region, Enforcement Bureau:

    1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89
       of the Commission's rules (Rules),^ to National Air College, Inc.,
       operator of aircraft bearing FAA tail number N2171D in San Diego,
       California. 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 June 21, 2013, the FCC San Diego Field Office received a call from
       the FAA in Los Angeles, CA, requesting assistance in locating
       interference to the safety and distress frequency of 243 MHz. An agent
       of the Enforcement Bureau's San Diego Office contacted the FAA, and
       determined that the source of the interference was the aircraft
       N2171D, located at the Montgomery Airport in San Diego, CA, in
       violation of the following:

   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 N2171D
   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 Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, National Air College, Inc., 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 Rules, we direct National Air
       College, Inc.,  to support its response to this Notice with an
       affidavit or declaration under penalty of perjury, signed and dated by
       an authorized officer of National Air College 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

   San Diego Field Office

   4542 Ruffner Street, Suite 370

   San Diego, CA 92111

    6. This Notice shall be sent to National Air College, Inc., at its
       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

   James T. Lyon

   District Director

   San Diego Field 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 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

   3

                       Federal Communications Commission