Federal Communications Commission 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: 1. This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission’s rules (Rules), 1 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. 2 2. 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. § 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. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended, 3 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 1 47 C.F.R. § 1.89. 2 47 C.F.R. § 1.89(a). 3 47 U.S.C. § 308(b). Federal Communications Commission 2 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 4. 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, 5 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. 6 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 Office POB 971030 Waipahu, Hawaii 96797-1030 6. This Notice shall be sent to Jason M Onishi at his address of record. 7. The Privacy Act of 1974 7 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 4 47 C.F.R. § 1.89(c). 5 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. § 1.16. 6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).