Click here for Adobe Acrobat version
Click here for Microsoft Word version
********************************************************
NOTICE
********************************************************
This document was converted from Microsoft Word.
Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.
All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.
Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.
If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.
*****************************************************************
Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail #7006 2760 0002 9122 3722
Return Receipt Requested
In the Matter of )
)
Hawaii Railing Inc. )
HA7068E ) File No. EB-08-HL-090
Licensee of Maritime Radio Station )
Kapolei, Hawaii ) NOV No. V200832860011
)
NOTICE OF VIOLATION
Released: April 8, 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 Hawaii Railing Inc., licensee of
maritime radio station HA7068E.
2. On April 2, 2008, an agent of the Commission's Honolulu Office
inspected ship radio station HA7068E, located in front of Hawaii
Railing Inc., Kapolei, Hawaii, and observed the following violation:
47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
radiocommunication." Emergency position indicating radio beacon ("EPIRB")
stations 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 that the ship's ACR EPIRB had been inadvertently activated.
47 C.F.R. S: 80.1053: "Operation of Class A EPIRB stations shall be
prohibited after December 31, 2006." The ship's ACR EPIRB that was falsely
activated may not be used on commercial or recreational watercraft, as it
is a Class A device.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Hawaii Railing Inc. 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 an officer or authorized
representative of Hawaii Railing Inc.. 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 Hawaii Railing Inc., 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
John R. Raymond
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 308(b).
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