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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Panther Med LLC. ) File No. EB-04-NY-
006
Licensee of Aircraft Radio Station N435TA )
Derby, Kansas ) NOV No.
V20043238005
)
)
)
NOTICE OF VIOLATION
Released: January
12, 2004
By the District Director, New York Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Panther Med LLC., licensee of aircraft radio station N435TA.
2. On January 7, 2004, agents of the Commission's New York
Office inspected aircraft radio station N435TA, located at
Essex County Airport, Fairfield, NJ, and observed the
following violation:
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 activation
of the ELT was not for survival purposes, or in
accordance with testing as specified in Section 87.197
of the Commission's Rules. 2
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,3 and Section 1.89 of the Commission's
Rules, Panther Med 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 the licensee. 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
New York Office
201 Varick Street, Suite 1151
New York, NY 10014
4. This Notice shall be sent to Panther Med LLC., 1113
Partridge Circle, Derby, KS 67037.
5. The Privacy Act of 19744 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.5
FEDERAL COMMUNICATIONS
COMMISSION
Daniel W. Noel
District Director
New York Office
_________________________
1 47 C.F.R. § 1.89.
2 47 C.F.R. § 87.197.
3 47 U.S.C. § 308(b).
4 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
5 18 U.S.C. § 1001 et seq.