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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Jason M Onishi ) File No. EB-FIELDWR-16-00022614
PLB Beacon ID 2DCE7208F2FFBFF )
Aiea, Hawaii ) NOV No. V201632860003
)
NOTICE OF VIOLATION
Released: September 29, 2016
By the Resident Agent, Honolulu Office, Region Three, Enforcement Bureau:
This is a Notice of Violation (Notice) issued pursuant to Section
1.89 of the Commission's rules (Rules), to Jason M Onishi, registered
owner of an ACR Personal Locator Beacon (PLB), model 350-B, beacon
ID 2DCE7208F2FFBFF in Aiea, 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.
On September 16, 2016, in response to a complaint from the U.S. Coast
Guard Honolulu District 14, Joint Rescue Coordination Center, an agent of
the Enforcement Bureau's Honolulu Office located a PLB, buried under sand
in a public beach area located behind a residence at 55-659 Kamehameha
Highway, Laie, HI, and observed the following violation:
47 C.F.R. ยง 95.1401: "The frequency band 406.0-406.1 MHz is
an emergency and distress frequency band available for use
by Personal Locator Beacons (PLBs). Personal Locator Beacons
that transmit on the frequency band 406.0-406.1 MHz must
use G1D emission. Use of these frequencies must be limited
to transmission of distress and safety communications."
The PLB buried under sand was activated in the absence of
any actual emergency situation.
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, Jason M
Onishi, 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.
In accordance with Section 1.16 of the Rules, we direct Jason M
Onishi to support the response to this Notice with an affidavit or
declaration under penalty of perjury, signed and dated by Jason M
Onishi, verifying the truth and accuracy of the information therein,
and confirming that all of the information requested by this Notice
which is in the registrant'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.
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
POB 971030
Waipahu, Hawaii 96797-1030
This Notice shall be sent to Jason M Onishi at his address of record.
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 Office
Region Three
Enforcement Bureau