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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                            )                                
                                                                             
     In the Matter of                       )                                
                                                                             
     Grant V. Lam                           )        File No.: EB-06-HL-087  
                                                                             
     Licensee of Aircraft Radio Station     )   NAL/Acct. No.: 200632860002  
     N4390Q                                                                  
                                            )               FRN: 0015340128  
     Mililani, Hawaii                                                        
                                            )                                
                                                                             
                                            )                                


                                FORFEITURE ORDER

   Adopted: March  28, 2007 Released:  March 30, 2007

   By the Regional Director, Western Region, Enforcement Bureau:

   I.  INTRODUCTION

    1. In this Forfeiture Order ("Order"), we issue a monetary forfeiture in
       the amount of two thousand dollars ($2,000) to Grant V. Lam ("Lam"),
       licensee of aircraft radio station N4390Q, for repeatedly violating
       Section 87.193 of the Commission's Rules ("Rules"). On August 22,
       2006, the Enforcement Bureau's Honolulu Resident Agent Office issued a
       Notice of Apparent Liability for Forfeiture ("NAL") in the amount of
       $2,000 to Lam after determining that Lam apparently repeatedly allowed
       the activation of his emergency locator transmitter ("ELT") on
       distress and safety frequencies, when it was not required as a
       locating aid for survival purposes. In this Order, we consider Lam's
       arguments that the violation was not intentional and that Lam has
       since ensured that the operation of the ELT is in compliance with the
       Rules.

   II. BACKGROUND

    2. On April 16, 2006, a Honolulu agent responded to a complaint of
       interference to the distress and safety frequencies, 121.5 MHz and 243
       MHz, at the Honolulu International Airport. The Agent tracked the
       signal to an ELT on board aircraft station N4390Q, located on the
       south ramp of the Honolulu International Airport. Lam, the registered
       owner of the aircraft, was working on the aircraft at the time of the
       ELT activation. Lam deactivated the ELT at the request of the agent.
       The agent explained to Lam that Lam was responsible for preventing
       non-emergency activations of the ELT. A Notice of Violation ("Notice")
       was issued to Lam on April 26, 2006. In the Notice, Lam was cited for
       violation of Section 87.193 of the Rules, because of the activation of
       the ELT on board aircraft N4390Q, in the absence of any actual
       emergency situations. Lam replied to the Notice by letter dated May 3,
       2006. The response from Lam acknowledged the violation, surmised that
       the activation resulted from nearby turbulence, and stated that Lam
       changed the ELT batteries.

    3. On July 18, 2006, FCC Honolulu agents received a complaint of
       interference to the distress and safety frequencies, 121.5 MHz and 243
       MHz, at the Honolulu International Airport. The agents employed an FCC
       direction finding vehicle to track the source of the signal to an ELT
       installed on aircraft station N4390Q, located in Hangar 421-139, on
       the south ramp of the Honolulu International Airport. Lam's wife, Tham
       Lam, was in the hangar at the time of the inspection and deactivated
       the ELT at the request of the agents. She explained to the agents that
       the ELT activated earlier that day without apparent cause, so she was
       aware that there was a problem with the ELT. The agents warned Ms. Lam
       that the ELT appeared to be defective, and should be removed from
       service until it could be repaired, or replaced. The ELT reactivated
       as the agents were departing the hanger. The agents alerted Ms. Lam to
       the reactivation, and advised her that the unit batteries should be
       removed as soon as possible. Ms. Lam deactivated the ELT via the unit
       toggle switch, and indicated to the agents that she would remove the
       batteries to avoid further non-emergency activations.

    4. On August 22, 2006, the Honolulu Office issued a NAL in the amount of
       $2,000 to Lam. In the NAL, the Honolulu Office found that Lam
       apparently repeatedly allowed the activation of his ELT on distress
       and safety frequencies, when it was not required as a locating aid for
       survival purposes. Lam filed a response to the NAL on September 8,
       2006 ("Response"). In his Response, Lam argues that he did not
       intentionally violate the Rules, and that he took steps after the
       issuance of the Notice,  and again after the issuance of the NAL,  to
       ensure that the operation of the ELT was in compliance with the Rules.

   III.  DISCUSSION

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Act, Section 1.80 of the Rules, and The
       Commission's Forfeiture Policy Statement and Amendment of Section 1.80
       of the Rules to Incorporate the Forfeiture Guidelines. In examining
       the Response, Section 503(b) of the Act requires that 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. Pursuant to Section 87.18(b) of the Rules, "[a]n aircraft station is
       licensed by rule, and does not need an individual license issued by
       the FCC if the aircraft station is not required by statute, treaty or
       agreement to which the United States is signatory to carry a radio,
       and the aircraft station does not make international flights or
       communications. Even though an individual license is not required, an
       aircraft station licensed by rule must be operated in accordance with
       all applicable operating requirements, procedures and technical
       specifications . . . ." As the FAA Civil Aviation Registry lists Grant
       V. Lam as the owner of aircraft N4390Q, he is responsible for the
       aircraft ELT transmissions.

    7. A false ELT activation has the potential to severely impact the search
       and rescue network, resulting in responder resources being wasted and
       misdirected. According to the United States Coast Guard ("USCG") Joint
       Rescue Coordination Center in Honolulu, Hawaii, air searches for false
       ELT activations cost the USCG thousands of dollars per search hour.
       Additional costs are incurred by rescue coordination centers, support
       personnel, and ground search and rescue responders. False activations
       also can cause harmful interference to the Search and Rescue Satellite
       system and to airplanes and vessels in the vicinity of the signal.
       Additionally, a false activation may conceal or prevent timely
       response to a legitimate distress signal.

    8. Section 87.193 of the Rules states that ELTs "are intended to be
       actuated manually or automatically and operated automatically as part
       of an aircraft station as a locating aid for survival purposes."  The
       ELT in Lam's aircraft, N4390Q, was activated on April 26, 2006, and
       July 18, 2006. The activation of the ELT was not for use as a locating
       aid for survival purposes on either day. Additionally, on both days,
       the activation caused interference to transmissions on distress and
       safety frequencies, 121.5 MHz and 243 MHz.

    9. In his Response, Lam acknowledges that the ELT activated on the dates
       listed above, but argues that the activations were not intentional. In
       the NAL, the Honolulu Office determined that the violation was
       repeated, not willful or intentional. Therefore, we find no merit to
       this argument.

   10. Lam also argues that after the first inadvertent activation, on April
       16, 2006, he replaced the batteries to remedy the problem. After the
       second inadvertent activation, on July 18, 2006, he removed the unit
       from his plane and sent it back to the manufacturer. Consequently, he
       argues that he has taken immediate corrective measures after each
       inadvertent activation. While we appreciate Lam's efforts, we find
       that on each date, they took place after he was approached by a
       Honolulu agent about the activation. The Commission has consistently
       held that a licensee is expected to correct errors when they are
       brought to the licensee's attention and that such correction is not
       grounds for a downward adjustment in the forfeiture. Therefore, we
       find no merit to this argument. We also note that Lam has not claimed
       an inability to pay the proposed forfeiture amount, and has produced
       no financial documentation to support such a claim.

   11. We have examined the Response to the NAL pursuant to the statutory
       factors above, and in conjunction with the Forfeiture Policy
       Statement. As a result of our review, we conclude that Lam repeatedly
       violated Section 87.193 of the Rules. Considering the entire record
       and the factors listed above, we find that neither reduction nor
       cancellation of the $2,000 forfeiture is warranted.

   IV. ORDERING CLAUSES

   12.  ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), and Sections 0.111,
       0.311 and 1.80(f)(4) of the Commission's Rules, Grant Lam IS LIABLE
       FOR A MONETARY FORFEITURE in the amount of $2,000 for repeatedly
       violating Section 87.193 of the Rules.

   13. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules 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. Payment of the forfeiture must be made
       by check or similar instrument, payable to the order of the Federal
       Communications Commission.  The payment must include the NAL/Acct. No.
       and FRN No. referenced above.  Payment by check or money order may be
       mailed to Federal Communications Commission, P.O.
       Box 358340, Pittsburgh, PA 15251-8340.  Payment by overnight mail may
       be sent to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, PA 15251.   Payment by wire transfer may be made to ABA
       Number 043000261, receiving bank Mellon Bank, and account number 911-
       6106. Requests for full payment under an installment plan should be
       sent to: Associate Managing Director - Financial Operations, Room
       1A625, 445 12th Street, S.W., Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED that a copy of this Order shall be sent by First
       Class Mail and Certified Mail Return Receipt Requested to Grant Lam,
       at his address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Rebecca L. Dorch

   Regional Director, Western Region

   Enforcement Bureau

   47 C.F.R. S 87.193.

   Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 200632860002
   (Enf. Bur., Western Region, Honolulu Resident Agent Office, released
   August 22, 2006).

   47 C.F.R. S 87.193.

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

   47 C.F.R. S 1.80.

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

   47 U.S.C. S 503(b)(2)(E).

   47 C.F.R. S 87.18(b).

   47 C.F.R. S 87.193.

   AT&T Wireless Services, Inc. 17 FCC Rcd 21866, 21871-76 (2002).

   In the NAL, the Honolulu Office stated that the "Commission will not
   consider reducing or canceling a forfeiture in response to a claim of
   inability to pay unless the petitioner submits: (1) federal tax returns
   for the most recent three-year period; (2) financial statements prepared
   according to generally accepted accounting practices ("GAAP"); or (3) some
   other reliable and objective documentation that accurately reflects the
   petitioner's current financial status. Any claim of inability to pay must
   specifically identify the basis for the claim by reference to the
   financial documentation submitted." NAL at para. 13.

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4), 87.193.

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

   See 47 C.F.R. S 1.1914.

   Federal Communications Commission DA 07-1472

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   Federal Communications Commission DA 07-1472