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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Sunshine Helicopters Inc. ) File No.  EB-FIELDWR-13-00012094

   )

   Helicopter N802MH )

   )

   Puunene, Hawaii ) NOV No. V201432860001

   )

                              NOTICE OF VIOLATION

   Released: November  21, 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 Sunshine Helicopters Inc.
       (Sunshine), owner/operator of a helicopter bearing FAA tail number
       N802MH in Puunene, 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. The Enforcement Bureau's Honolulu Office was contacted by the U. S.
       Coast Guard (USGC) District 14 Joint Rescue Coordination Center
       regarding interference from the false activation of a 406 MHz
       Emergency Locator Beacon (ELT) on November 4, 2013. The USCG
       determined that the interference source was the ELT associated with
       the helicopter N802MH, located at the Hapuna Prince Hotel on the
       island of Hawaii. FAA records show that Sunshine Helicopters Inc. is
       the registered owner of the helicopter. The ELT transmissions on
       November 4, 2013 were 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 on board the helicopter
   N802MH 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, Sunshine 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 Sunshine  to
       support its response to this Notice with an affidavit or declaration
       under penalty of perjury, signed and dated by an authorized officer of
       Sunshine 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 Sunshine  at its 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

   Ryan Hagihara

   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

   3

                       Federal Communications Commission