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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Calvin Muraoka ) File No. EB-08-HL-002
Licensee of Maritime Radio Station )
Hanapepe, Hawaii ) NOV No. V20083286005
)
NOTICE OF VIOLATION
Released: January 25, 2008
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 Calvin Muraoka, licensee of
maritime radio station HA3954E.
2. On January 12, 2008, an agent of the Enforcement Bureau's Honolulu
Office inspected ship radio station HA3954E, in front of the
licensee's residence in Hanapepe, Hawaii, and observed the following
violation:
47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
radiocommunication." Transmissions by emergency position indicating radio
beacons ("EPIRBs") are intended to be actuated manually or automatically
and operated automatically as part of a ship or a survival craft station
as a locating aid for survival purposes. At the time of the inspection,
the agent found the EPIRB on board the vessel was activated in the absence
of any actual emergency situation.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Calvin Muraoka 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 Calvin Muraoka. 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 Calvin Muraoka, 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
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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