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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Stonegate Premium Homes LLC ) File No. EB-08-HL-0260
Licensee of Aircraft Radio Station N421AB )
Honolulu, Hawaii ) NOV No. V200932860003
)
)
NOTICE OF VIOLATION
Released: December 23, 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 Stonegate Premium Homes LLC,
licensee of aircraft radio station N421AB.
2. On December 16, 2008, and December 17, 2008, an agent of the
Enforcement Bureau's Honolulu Office inspected aircraft radio station
N421AB located in stall #188G, on the south ramp of Honolulu
International Airport, and observed the following violation:
47 C.F.R. S: 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 N421AB
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, Stonegate Premium Homes
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
Stonegate Premium Homes LLC. 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 to by Certified Mail/Return Receipt
Requested and regular mail to Stonegate Premium Homes LLC at its
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