******************************************************** 
                      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

   In the Matter of )

   )

   Robert J. Shallenberger ) File No.  EB-FIELDWR-13-00009017

   Registered owner of Aircraft N1537Y )

   )

   Kailua-Kona, Hawaii ) NOV No. V201332860014

   )

                              NOTICE OF VIOLATION

   Released: June 6, 2013

   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 (Rules),^ to Robert J. Shallenberger
       (Shallenberger), registered owner of aircraft bearing FAA tail number
       N1537Y in Kailua-Kona, Hawaii. Pursuant to Section 1.89(a) of the
       Rules, issuance of this Notice does not preclude the Enforcement
       Bureau from further action if warranted, including issuing a Notice of
       Apparent Liability for Forfeiture for the violation(s) noted herein.^

    2. On May 31, 2013, the FCC Operations Center received a call from U. S.
       Coast Guard District 14 Joint Rescue Coordination Center, requesting
       assistance in locating interference to the safety and distress
       frequency of 121.5 MHz. An agent of the Enforcement Bureau's Honolulu
       Resident Agent Office contacted the USCG and Civil Air Patrol, and
       determined that the source of the interference was an activated ELT
       associated with aircraft N1537Y, located at the Kailua-Kona Airport on
       the island of Hawaii, in violation of the following:

   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 in a box next to aircraft
   N1537Y was activated in the absence of any actual emergency situation.

    3. Pursuant to Section 308(b) of the Communications Act of 1934, as
       amended,^ and Section 1.89 of the Rules, we seek additional
       information concerning the violations and any remedial actions taken.
       Therefore, Shallenberger must submit a written statement concerning
       this matter within twenty (20) days of release of this Notice. The
       response (i) must fully explain each violation, including all relevant
       surrounding facts and circumstances, (ii) must contain a statement of
       the specific action(s) taken to correct each violation and preclude
       recurrence, and (iii) must include a time line for completion of any
       pending corrective action(s). The response must be complete in itself
       and must not be abbreviated by reference to other communications or
       answers to other notices.^

    4. In accordance with Section 1.16 of the Rules, we direct Shallenberger
       to support his response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by
       Shallenberger, or by an authorized officer of Shallenberger, with
       personal knowledge of the representations provided in the response,
       verifying the truth and accuracy of the information therein,^ and
       confirming that all of the information requested by this Notice which
       is in the licensee's possession, custody, control, or knowledge has
       been produced. To knowingly and willfully make any false statement or
       conceal any material fact in reply to this Notice is punishable by
       fine or imprisonment under Title 18 of the U.S. Code.^

    5. 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

   POB 971030

   Waipahu, Hawaii 96797-1030

    6. This Notice shall be sent to Shallenberger at his address of record.

    7. 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.

   FEDERAL COMMUNICATIONS COMMISSION

   John R. Raymond

   Resident Agent

   Honolulu Resident Agent Office

   Western Region

   Enforcement Bureau

   ^ 47 C.F.R. S 1.89.

   ^ 47 C.F.R. S 1.89(a).

   ^ 47 U.S.C. S 308(b).

   ^ 47 C.F.R. S 1.89(c).

   ^ Section 1.16 of the Rules provides that "[a]ny document to be filed with
   the Federal Communications Commission and which is required by any law,
   rule or other regulation of the United States to be supported, evidenced,
   established or proved by a written sworn declaration, verification,
   certificate, statement, oath or affidavit by the person making the same,
   may be supported, evidenced, established or proved by the unsworn
   declaration, certification, verification, or statement in writing of such
   person . . . . Such declaration shall be subscribed by the declarant as
   true under penalty of perjury, and dated, in substantially the following
   form . . . : `I declare (or certify, verify, or state) under penalty of
   perjury that the foregoing is true and correct. Executed on (date).
   (Signature)'." 47 C.F.R. S 1.16.

   ^ 18 U.S.C. S 1001 et seq. See also 47 C.F.R. S 1.17.

   ^ P.L. 93-579, 5 U.S.C. S 552a(e)(3).

   Federal Communications Commission

   2

                       Federal Communications Commission