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Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail #7001 0320 0002 9837 2352
Return Receipt Requested
In the Matter of )
)
Dauphin Aero ) File No. EB-04-HL-
027
Licensee of Aircraft Radio Station N72HB )
100 Kaulele Pl. ) NOV No.
V20043286007
Honolulu, Hawaii 96819 )
)
)
NOTICE OF VIOLATION
Released: May 19,
2004
By the 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
Dauphin Aero, licensee of aircraft radio station N72HB.
2. On May 18, 2004, an agent of the Commission's Honolulu
Office inspected aircraft radio station N72HB at the Dauphin
Aero hanger, on the south ramp of Honolulu International
Airport, 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 ELT on board the aircraft N72HB was
apparently activated while the aircraft was
undergoing maintenance.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,2 and Section 1.89 of the Commission's
Rules, Dauphin Aero 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
Honolulu Office
P.O. Box 971030
Waipahu, Hawaii 96797-1030
4. This Notice shall be sent by certified mail, return
receipt requested, to Dauphin Aero, 100 Kaulele Pl.,
Honolulu, Hawaii 96819.
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
COMMISSION
John R. Raymond
Resident Agent
Honolulu Office
_________________________
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.