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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Steve Shiraishi ) File No.: EB-FIELDWR-13-00012349
M/V HONUA-OE, Official #571323 )
Waialua, Hawaii ) NOV No.: V201432860002
)
NOTICE OF VIOLATION
Released: December 5, 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 Steve Shiraishi , registered
owner of the Emergency Indicating Radio Beacon (EPIRB) associated with
the vessel HONUA-OE, Official #571323, in Waialua, 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 121.5 MHz
Emergency Locator Beacon (ELT) on November 11, 2013. On November 12,
2013, the Civil Air Patrol determined that the interference source was
the EPIRB associated with M/V HONUA-OE, docked at Haleiwa Boat Harbor.
USCG records show that Steve Shiraishi is the registered owner of the
vessel. The EPIRB transmissions on November 11 and 12, 2013 were in
violation of 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. At the time of the inspection, the vessel EPIRB had been
activated in the absence of any emergency situation.
b. 47 C.F.R. S 80.1053: The use of Class A, Class B, and Class S (i.e.
121.5/243 MHz) EPIRBs is prohibited. Licensees may only operate 406.0
- 406.1 MHz EPIRBs. The EPIRB in use was operating on 121.5 MHz.
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, Steve Shiraishi 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 Steve
Shiraishi to support his response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by Steve
Shiraishi, 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 Steve Shiraishi 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
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Federal Communications Commission