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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
     In the Matter of                                                        
                                            )                                
     Princess K Fishing Corporation                                          
                                            )                                
     Licensee of Ship Radio Station              File Number: EB-08-HL-0044  
     WDB8248                                )                                
                                                NAL/Acct. No.: 200832860001  
     Fishing Vessel PRINCESS K              )                                
                                                            FRN: 0011032422  
     Honolulu, Hawaii                       )                                
                                                                             
     Documentation # 511130                 )                                
                                                                             
                                            )                                


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                                       Released: May 29, 2008

   By the Resident Agent, Honolulu Office, Western Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Princess K Fishing Corporation, licensee of ship radio station
       WDB8248, in Honolulu, Hawaii, apparently willfully and repeatedly
       violated Section 80.89(a)  of the Commission's Rules ("Rules") by
       falsely activating an Emergency Position Indicating Radio Beacon
       ("EPIRB"), thereby engaging in superfluous communications resulting in
       the transmission of false distress communications. We conclude,
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended ("Act"), that Princess K Fishing Corporation is apparently
       liable for a forfeiture in the amount of eight  thousand dollars
       ($8,000).

   II. BACKGROUND

    2. On February 26, 2008, the Enforcement Bureau's Honolulu Resident Agent
       Office received a violation report ("USCG Report") from the U. S.
       Coast Guard Fourteenth District Command Center ("D14CC"). The USCG
       Report detailed that on February 25, 2008, the DC14CC was notified of
       an active 406.025 MHz EPIRB in their area of responsibility via the
       Search and Rescue Satellite ("SARSAT") system. The D14CC determined
       that the EPIRB was registered to the fishing vessel PRINCESS K, home
       ported in Honolulu, Hawaii. Princess K Fishing Corporation is the
       owner of the fishing vessel PRINCESS K, and the licensee of ship radio
       station WDB8248, in Honolulu, Hawaii. The SARSAT fix located the EPIRB
       to open seas approximately 150 nautical miles north by northeast of
       Oahu, Hawaii. USCG D14CC efforts to contact the fishing vessel
       PRINCESS K, which had five people aboard, including an executive of
       the Princess K Fishing Corporation on board, through urgent broadcasts
       on several HF frequencies, were unavailing. In accordance with their
       protocol, the D14CC launched an HC-130 aircraft from Barber's Point
       Air Station, Hawaii. The aircraft located the fishing vessel PRINCESS
       K approximately 18 nautical miles away from where the EPIRB had been
       located. Upon contacting the fishing vessel on the VHF marine channel
       16, after a low pass, the master of fishing vessel PRINCESS K stated
       that they had thrown the old EPIRB (the one detected by the SARSAT
       system) overboard because they had purchased and installed a new one.
       There was no actual distress.

    3. The USCG reported the false activation by the fishing vessel PRINCESS
       K to the Honolulu Office. According to the USCG Report, the D14CC
       expended 3.5 fixed wing aircraft hours and 6 Command Center hours at a
       cost of over $35,000 to determine that this was a false alert. The
       D14CC also reported to the Honolulu Office that the old EPIRB was not
       retrieved and continued transmitting until March 1, 2008, potentially
       masking an actual search and rescue alert.

    4. On March 26, 2008, when the fishing vessel PRINCESS K was back in port
       in Honolulu, agents from the Honolulu Office, along with Coast Guard
       personnel, interviewed the Princess K Fishing Corporation executive,
       who was onboard the fishing vessel PRINCESS K during the incident
       detailed in the USCG Report. The Princess K Fishing Corporation
       executive stated that a new EPIRB was purchased on Oahu and installed
       while they were ported in Hilo, Hawaii. The executive stated that he
       did not have time to return the old EPIRB, so he placed it in a
       plastic bag and put it in storage on the vessel. Later while at sea,
       he advised a crew member to take care of the bag and the crew member
       threw it overboard, thereby activating the unit. The executive stated
       that he did not realize this incident occurred until the Coast Guard
       aircraft, while hovering over his vessel, contacted him during their
       search. He explained that he was not able to retrieve the old EPIRB
       even though Coast Guard advised that the EPIRB was still continuing to
       transmit.

   III. DISCUSSION

    5. Section 503(b) of the Act provides that any person who willfully or
       repeatedly fails to comply substantially with the terms and conditions
       of any license, or willfully or repeatedly fails to comply with any of
       the provisions of the Act or of any rule, regulation or order issued
       by the Commission thereunder, shall be liable for a forfeiture
       penalty. The term "willful" as used in Section 503(b) has been
       interpreted to mean simply that the acts or omissions are committed
       knowingly. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    6. Section 80.89(a) of the Rules states that "stations must not engage in
       superfluous radio communication." An EPIRB station is "a station in
       the maritime mobile service the emissions of which are intended to
       facilitate search and rescue operations." A distress alert, such as
       one from an EPIRB, is considered false "if it was transmitted without
       any indication that a mobile unit or person was in distress and
       required immediate assistance." The Rules require that "[i]f for any
       reason an EPIRB is activated inadvertently [the licensee shall]
       immediately contact the nearest U.S. Coast Guard unit or appropriate
       rescue coordination center by telephone, radio or ship earth station
       and cancel the distress alert."

    7. False activations of EPIRBs and other emergency locating devices, such
       as emergency locator transmitters ("ELTs") have the potential to
       severely impact the search and rescue network, resulting in responder
       resources being wasted and misdirected. Air searches for false EPIRB
       and ELT activations cost the Coast Guard thousands of dollars per
       search hour, as demonstrated by the USCG Report. Additional costs are
       incurred by rescue coordination centers, support personnel, and ground
       search and rescue responders. False activations also can cause harmful
       interference to the SARSAT system and to airplanes and vessels in the
       vicinity of the signal. Additionally, a false activation may conceal
       or prevent timely response to a legitimate distress signal.

    8. On February 25, 2008, Princess K Fishing Corporation's fishing vessel
       PRINCESS K activated an EPIRB by dumping it off the fishing vessel and
       into the ocean 150 nautical miles north by northeast of Oahu, Hawaii.
       The transmissions emanating from this EPIRB caused the U.S. Coast
       Guard to expend valuable resources to locate the fishing vessel
       PRINCESS K only to find that there was no emergency and that the EPIRB
       station was engaging in superfluous communications caused by the
       actions of those onboard the fishing vessel PRINCESS K, including an
       executive of the Princess K Fishing Corporation. Additionally, the
       fishing vessel PRINCESS K took no action to contact the Coast Guard
       concerning this false distress alert. Consequently, we find that the
       Princess K Fishing Corporation's violation was willful. These
       superfluous communications continued to be located by the SARSAT
       system until March 1, 2008, therefore we find these violations were
       repeated. Based on the evidence before us, we find that Princess K
       Fishing Corporation apparently willfully and repeatedly violated
       Section 80.89(a) of the Rules by engaging in superfluous radio
       communications resulting in the transmission of false distress
       communications.

    9. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for transmitting false distress communications
       is $8,000. In assessing the monetary forfeiture amount, we must also
       take into account the statutory factors set forth in Section
       503(b)(2)(D) of the Act, which include the nature, circumstances,
       extent, and gravity of the violations, and with respect to the
       violator, the degree of culpability, and history of prior offenses,
       ability to pay, and other such matters as justice may require.
       Applying the Forfeiture Policy Statement, Section 1.80, and the
       statutory factors to the instant case, we conclude that Princess K
       Fishing Corporation is apparently liable for an $8,000 forfeiture.

   IV. ORDERING CLAUSES

   10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's Rules, Princess K Fishing
       Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
       FORFEITURE in the amount of eight thousand dollars ($8,000) for
       violations of Section 80.89(a) of the Rules.

   11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
       Commission's Rules within thirty days of the release date of this
       Notice of Apparent Liability for Forfeiture, Princess K Fishing
       Corporation SHALL PAY the full amount of the proposed forfeiture or
       SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   12. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.    Please contact the Financial Operations Group Help
       Desk at 1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any
       questions regarding payment procedures.  Princess K Fishing
       Corporation shall also send electronic notification on the date said
       payment is made to WR-Response@fcc.gov.

   13. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Western Region, Honolulu Office, P.O.
       Box 971030, Waipahu, Hawaii, 96797-1030 and must include the NAL/Acct.
       No. referenced in the caption. An electronic copy shall be sent to
       WR-Response@fcc.gov.

   14. The Commission will not consider reducing or canceling a forfeiture in
       response to a claim of inability to pay unless the petitioner submits:
       (1) federal tax returns for the most recent three-year period; (2)
       financial statements prepared according to generally accepted
       accounting practices ("GAAP"); or (3) some other reliable and
       objective documentation that accurately reflects the petitioner's
       current financial status. Any claim of inability to pay must
       specifically identify the basis for the claim by reference to the
       financial documentation submitted.

   15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to Princess K Fishing Corporation.

   FEDERAL COMMUNICATIONS COMMISSION

   Ryan Hagihara

   Resident Agent

   Honolulu Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 80.89(a).

   47 U.S.C. S: 503(b).

   Section 312(f)(1) of the Act, 47 U.S.C. S: 312(f)(1), which applies to
   violations for which forfeitures are assessed under Section 503(b) of the
   Act, provides that "[t]he term 'willful', when used with reference to the
   commission or omission of any act, means the conscious and deliberate
   commission or omission of such act, irrespective of any intent to violate
   any provision of this Act or any rule or regulation of the Commission
   authorized by this Act...." See Southern California Broadcasting Co., 6
   FCC Rcd 4387 (1991).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 312(f)(2), which also applies
   to violations for which forfeitures are assessed under Section 503(b) of
   the Act, provides that "[t]he term 'repeated', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   47 C.F.R. S: 80.89(a).

   47 C.F.R. S: 80.5.

   47 C.F.R. S: 80.334.

   47 C.F.R. S: 80.335(e).

   See 47 C.F.R. S:S: 87.193 - 87.199.

   See, e.g., Grant Lam, 22 FCC Rcd 6341 (EB 2007); AMERI-KING Corporation,
   23 FCC Rcd 2616 (EB 2008); Compatible Electronics, 23 FCC Rcd 2621 (EB
   2008).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

   47 U.S.C. S: 503(b)(2)(E).

   47 U.S.C. S: 503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 80.89(a).

   See 47 C.F.R. S: 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       4

   Federal Communications Commission