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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )


   William Puou IV ) File No. EB-FIELDWR-12-00003557

   HA3898F )

   Licensee of Maritime Radio Station ) NOV No. V201232860016

   Honaunau, Hawaii )


                              NOTICE OF VIOLATION

                                                     Released: August 9, 2012

   By the Resident Agent, Honolulu Resident Agent 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 William Puou IV, licensee of maritime
       radio station HA3898F.

    2. On August 1, 2012 the Enforcement Bureau's Honolulu Resident Agent
       Office received a report from the United States Coast Guard (USCG)
       regarding the false activation of an unregistered 406 MHZ emergency
       position indicating radio beacon (EPIRB) in Honaunau on July 27, 2012.
       The report also indicated that the EPIRB was also later deactivated.
       Hawaii Vessel Registration records list William Puou IV as the owner
       of the vessel HA3898F. The USCG report revealed the following

        a. 47 C.F.R. S: 80.89(a): "Stations must not engage in superfluous
           radiocommunication." Transmissions by 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. The EPIRB associated with the vessel HA 3898F
           was activated on July 27, 2012, but there was no emergency.

        b. 47 C.F.R. S: 80.1061(f): "To enhance protection of life and
           property it is mandatory that each 406.0 - 406.1 MHz EPIRB be
           registered with NOAA before installation." The 406 MHz EPIRB
           associated with the vessel HA3898F was not registered at the time
           of activation.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended, and Section 1.89 of the Commission's Rules, William Puou IV
       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 William Puou IV, or his
       authorized representative. 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 Resident Agent Office

   P.O. Box 971030

   Waipahu, Hawaii 96797-1030

    4. This Notice shall be sent to William Puou IV at his 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.


   John R. Raymond

   Resident Agent

   Honolulu Resident Agent 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


                       Federal Communications Commission