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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                   )
                              )    
Oahu Aviation Flight School, Inc.       )                    File 

No.  EB-00-HL-112
Registered Owner of Aircraft N3180P          )    
Honolulu, Hawaii                   )         NAL/Acct.         No 

200132860001

                         FORFEITURE ORDER

Adopted:   February 23, 2001            Released:   February  27, 

2001   

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
monetary  forfeiture  in  the  amount  of  two  thousand  dollars 
($2,000)  against  Oahu  Aviation  Flight  School,  Inc.  (``Oahu  
Aviation''), for  violating Section  87.193 of  the  Commission's 
Rules (``the Rules'') 1 by transmitting false distress calls. The 
noted violations involve false distress calls resulting from  the 
repeated  accidental   activation   of   an   emergency   locator 
transmitter (``ELT'').

     2.   On December 13,  2000, the  Honolulu, Hawaii,  Resident 
Agent Office (``Honolulu  Office'') issued a  Notice of  Apparent 
Liability  for  Forfeiture  (``NAL'')  in  the  amount  of  eight 
thousand dollars ($8,000).2  Oahu Aviation filed its response  on 
December  21, 2000.

                         II.  BACKGROUND

     3.   On November  21, 2000,  the United  States Coast  Guard 
reported to the Honolulu Office that a signal on the distress and 
safety frequency 121.15 MHz had  activated the Search And  Rescue 
Satellite System (``SARSAT'').  An agent from the Honolulu Office 
tracked the  signal  to  an ELT  aboard  an  unattended  aircraft 
located at Oahu  Aviation's place of  business, 99 Iolana  Place, 
Honolulu, Hawaii, and  determined that the  ELT's activation  was 
``false,'' i.e., not as a locating aid for survival purposes.

     4.   On November 22, 2000, an  agent at the Honolulu  Office 
informed Oahu Aviation  by telephone that  its ELT was  defective 
and requested that it  be removed and  repaired.  An employee  of 
Oahu Aviation stated that she  would contact maintenance to  have 
the violation corrected.  In addition, the Honolulu Office issued 
an Official Notice  of Violation  (``NOV'') to  Oahu Aviation  on 
November 22,  2000, citing  violation of  Section 87.193  of  the 
Commission's Rules.  The return receipt indicates that the United 
States Postal  Service  delivered the  NOV  to Oahu  Aviation  on 
November 24, 2000.

     5.   On December  3, 2000,  the  United States  Coast  Guard 
reported to the Honolulu Office that a signal on the distress and 
safety frequency 121.15 MHz had activated SARSAT.  An agent  from 
the Honolulu Office tracked the signal to the same ELT aboard  an 
unattended aircraft located at Oahu Aviation's place of business, 
99 Iolana Place, Honolulu, Hawaii, and determined that the  ELT's 
activation was false.
 
     6.   In  response   to   the  NAL,   Oahu   Aviation   seeks 
cancellation of the  proposed forfeiture.   Oahu Aviation  states 
that, following the first false ELT activation, an avionics  shop 
found no malfunction and reinstalled  the ELT after changing  the 
batteries.  Oahu  Aviation  further states  that,  following  the 
second  false  ELT  activation,  it  installed  a  new  ELT.   In 
addition, Oahu Aviation apologized for the false activations  and 
promised to  take  ``every  precaution  to  prevent  any  further 
disruption.''

                        III.  DISCUSSION

     7.   As the  NAL  explicitly  states,  the  Honolulu  Office 
assessed  the  proposed  forfeiture   amount  in  this  case   in 
accordance with  Section 503  of the  Act,3 Section  1.80 of  the 
Rules,4 and  The  Commission's Forfeiture  Policy  Statement  and 
Amendment of  Section  1.80  of  the  Rules  to  Incorporate  the 
Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 
FCC Rcd 303 (1999) (``Policy Statement'').  Section 503(b) of the 
Communications Act of 1934, as amended (``Act'')5 requires  that, 
in examining Oahu Aviation's  response, the Commission take  into 
account the  nature, circumstances,  extent  and gravity  of  the 
violation and,  with  respect  to the  violator,  the  degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
other such matters as justice may require.6

     8.   Section   87.193   of   the   Rules   provides    that:  
``Transmissions by  emergency  locator  transmitters  (ELTs)  are 
intended to be  actuated manually or  automatically and  operated 
automatically as part of an aircraft or survival craft station as 
a locating aid for survival purposes.''

     9.   False ELT  activations  disrupt the  Commission's  work 
schedule.  Disruption   of   the   Commission's   work   schedule 
compromises public safety  because it may  divert attention  from 
true  emergencies  and  other  high  priority  matters.   It   is 
undisputed that,  on  two  occasions,  an  equipment  malfunction 
activated the ELT aboard one of Oahu Aviation's aircraft and that 
the steps taken following the  initial false activation were  not 
sufficient to  prevent  a  second  false  activation.   In  these 
circumstances, cancellation  of the  proposed forfeiture  is  not 
warranted.  However,  because of  the  accidental nature  of  the 
false activations, we find that the proposed forfeiture amount of 
$8,000 is excessive. 7

     10.    Taking the  above statutory factors  into account  as 
well as  the  factors  set  forth in  the  Policy  Statement,  we 
conclude  that  the  proposed   monetary  forfeiture  should   be 
mitigated to $2,000.

                      IV.  ORDERING CLAUSES

     11.   Accordingly, IT IS  ORDERED THAT, pursuant to  Section 
503(b) of the Act,8 and  Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Rules,9 Oahu Aviation IS LIABLE FOR A MONETARY FORFEITURE  in 
the amount  $2,000 for  repeatedly  violating the  provisions  of 
Section 87.193 of the Rules, which permits an ELT to be activated 
only as a locating aid for survival purposes.
 
     12.   Payment of the forfeiture shall be made in the  manner 
provided for in Section 1.80  of the Commission's Rules10  within 
30 days of the release of  this Order.  If the forfeiture is  not 
paid within the period specified, the case may be referred to the 
Department of Justice for  collection pursuant to Section  504(a) 
of the  Act.11  Payment  shall  be made  by  mailing a  check  or 
similar  instrument,  payable  to   the  order  of  the   Federal 
Communications  Commission,   to   the   Federal   Communications 
Commission, P.O. Box  73482, Chicago,  Illinois 60673-7482.   The 
payment should  note  ``NAL/Acct. No  2001132860001''  referenced 
above.  Requests  for  full  payment under  an  installment  plan 
should be  sent to:  Chief,  Revenue and  Receivables  Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.12

     13.       IT  IS  FURTHER  ORDERED  that  a  copy  of   this 
Forfeiture Order shall be sent by Certified Mail --Return Receipt 
Requested to  Oahu Aviation  Flight School,  Inc., at  99  Iolana 
Place, Honolulu, Hawaii 96819-1840.

                         FEDERAL COMMUNICATIONS COMMISSION
                         

                         
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

     1 47 C.F.R. 87.193.

     2 Notice  of  Apparent  Liability  for  Forfeiture,  NAL/No. 
200132860001 (Enf. Bur., Honolulu  Office, released December  13, 
2000).

     3  47 U.S.C.  503(b).

     4 47 C.F.R.  1.80.

     5 47 U.S.C.  302a.

6    6 47 U.S.C.  503(b)(2)(D).

     7 Compare James Scott Martin, 7 FCC Rcd 3524 (1992).

     8 47 U.S.C.  503(b).

     9 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     10 47 C.F.R.  1.80.

     11 47 U.S.C.  504(a).

     12 See 47 C.F.R.  1.1914.