**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+---------------------------------+
| In the Matter of                 | ) | File Number: EB-08-HL-0044      |
|                                  |   |                                 |
| Princess K Fishing Corporation   | ) | NAL/Acct. No.: 200832860001     |
|                                  |   |                                 |
| Licensee of Ship Radio Station   | ) | FRN: 0011032422                 |
| WDB8248                          |   |                                 |
|                                  | ) |                                 |
| Fishing Vessel PRINCESS K        |   |                                 |
|                                  | ) |                                 |
| Honolulu, Hawaii                 |   |                                 |
|                                  | ) |                                 |
| Documentation \# 511130          |   |                                 |
|                                  | ) |                                 |
|                                  |   |                                 |
|                                  | ) |                                 |
+----------------------------------+---+---------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE {#notice-of-apparent-liability-for-forfeiture .unnumbered}

> Released: May 29, 2008

By the Resident Agent, Honolulu Office, Western Region, Enforcement
Bureau:

# INTRODUCTION

1.  In this Notice of Apparent Liability for Forfeiture (\"NAL\"), we
    find that Princess K Fishing Corporation, licensee of ship radio
    station WDB8248, in Honolulu, Hawaii, apparently willfully and
    repeatedly violated Section 80.89(a) of the Commission\'s Rules
    (\"Rules\")[^1] by falsely activating an Emergency Position
    Indicating Radio Beacon ("EPIRB"), thereby engaging in superfluous
    communications resulting in the transmission of false distress
    communications. We conclude, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended (\"Act\"),[^2] that Princess
    K Fishing Corporation is apparently liable for a forfeiture in the
    amount of eight thousand dollars (\$8,000).

# BACKGROUND

2.  On February 26, 2008, the Enforcement Bureau's Honolulu Resident
    Agent Office received a violation report ("USCG Report") from
    the U. S. Coast Guard Fourteenth District Command Center ("D14CC").
    The USCG Report detailed that on February 25, 2008, the DC14CC was
    notified of an active 406.025 MHz EPIRB in their area of
    responsibility via the Search and Rescue Satellite ("SARSAT")
    system. The D14CC determined that the EPIRB was registered to the
    fishing vessel PRINCESS K, home ported in Honolulu, Hawaii. Princess
    K Fishing Corporation is the owner of the fishing vessel PRINCESS K,
    and the licensee of ship radio station WDB8248, in Honolulu, Hawaii.
    The SARSAT fix located the EPIRB to open seas approximately 150
    nautical miles north by northeast of Oahu, Hawaii. USCG D14CC
    efforts to contact the fishing vessel PRINCESS K, which had five
    people aboard, including an executive of the Princess K Fishing
    Corporation on board, through urgent broadcasts on several HF
    frequencies, were unavailing. In accordance with their protocol, the
    D14CC launched an HC-130 aircraft from Barber's Point Air Station,
    Hawaii. The aircraft located the fishing vessel PRINCESS K
    approximately 18 nautical miles away from where the EPIRB had been
    located. Upon contacting the fishing vessel on the VHF marine
    channel 16, after a low pass, the master of fishing vessel PRINCESS
    K stated that they had thrown the old EPIRB (the one detected by the
    SARSAT system) overboard because they had purchased and installed a
    new one. There was no actual distress.

3.  The USCG reported the false activation by the fishing vessel
    PRINCESS K to the Honolulu Office. According to the USCG Report, the
    D14CC expended 3.5 fixed wing aircraft hours and 6 Command Center
    hours at a cost of over \$35,000 to determine that this was a false
    alert. The D14CC also reported to the Honolulu Office that the old
    EPIRB was not retrieved and continued transmitting until March 1,
    2008, potentially masking an actual search and rescue alert.

4.  On March 26, 2008, when the fishing vessel PRINCESS K was back in
    port in Honolulu, agents from the Honolulu Office, along with Coast
    Guard personnel, interviewed the Princess K Fishing Corporation
    executive, who was onboard the fishing vessel PRINCESS K during the
    incident detailed in the USCG Report. The Princess K Fishing
    Corporation executive stated that a new EPIRB was purchased on Oahu
    and installed while they were ported in Hilo, Hawaii. The executive
    stated that he did not have time to return the old EPIRB, so he
    placed it in a plastic bag and put it in storage on the vessel.
    Later while at sea, he advised a crew member to take care of the bag
    and the crew member threw it overboard, thereby activating the unit.
    The executive stated that he did not realize this incident occurred
    until the Coast Guard aircraft, while hovering over his vessel,
    contacted him during their search. He explained that he was not able
    to retrieve the old EPIRB even though Coast Guard advised that the
    EPIRB was still continuing to transmit.

# DISCUSSION

5.  Section 503(b) of the Act provides that any person who willfully or
    repeatedly fails to comply substantially with the terms and
    conditions of any license, or willfully or repeatedly fails to
    comply with any of the provisions of the Act or of any rule,
    regulation or order issued by the Commission thereunder, shall be
    liable for a forfeiture penalty. The term \"willful\" as used in
    Section 503(b) has been interpreted to mean simply that the acts or
    omissions are committed knowingly.[^3] The term "repeated" means the
    commission or omission of such act more than once or for more than
    one day.[^4]

6.  Section 80.89(a) of the Rules states that "stations must not engage
    in superfluous radio communication."[^5] An EPIRB station is "a
    station in the maritime mobile service the emissions of which are
    intended to facilitate search and rescue operations."[^6] A distress
    alert, such as one from an EPIRB, is considered false "if it was
    transmitted without any indication that a mobile unit or person was
    in distress and required immediate assistance."[^7] The Rules
    require that "\[i\]f for any reason an EPIRB is activated
    inadvertently \[the licensee shall\] immediately contact the nearest
    U.S. Coast Guard unit or appropriate rescue coordination center by
    telephone, radio or ship earth station and cancel the distress
    alert."[^8]

7.  False activations of EPIRBs and other emergency locating devices,
    such as emergency locator transmitters ("ELTs")[^9] have the
    potential to severely impact the search and rescue network,
    resulting in responder resources being wasted and misdirected. Air
    searches for false EPIRB and ELT activations cost the Coast Guard
    thousands of dollars per search hour, as demonstrated by the USCG
    Report. 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 SARSAT
    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.[^10]

8.  On February 25, 2008, Princess K Fishing Corporation's fishing
    vessel PRINCESS K activated an EPIRB by dumping it off the fishing
    vessel and into the ocean 150 nautical miles north by northeast of
    Oahu, Hawaii. The transmissions emanating from this EPIRB caused the
    U.S. Coast Guard to expend valuable resources to locate the fishing
    vessel PRINCESS K only to find that there was no emergency and that
    the EPIRB station was engaging in superfluous communications caused
    by the actions of those onboard the fishing vessel PRINCESS K,
    including an executive of the Princess K Fishing Corporation.
    Additionally, the fishing vessel PRINCESS K took no action to
    contact the Coast Guard concerning this false distress alert.
    Consequently, we find that the Princess K Fishing Corporation's
    violation was willful. These superfluous communications continued to
    be located by the SARSAT system until March 1, 2008, therefore we
    find these violations were repeated. Based on the evidence before
    us, we find that Princess K Fishing Corporation apparently willfully
    and repeatedly violated Section 80.89(a) of the Rules by engaging in
    superfluous radio communications resulting in the transmission of
    false distress communications.

9.  Pursuant to *The Commission's Forfeiture Policy Statement and
    Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines,* (\"*Forfeiture Policy Statement*\"), and Section 1.80
    of the Rules, the base forfeiture amount for transmitting false
    distress communications is \$8,000.[^11] In assessing the monetary
    forfeiture amount, we must also take into account the statutory
    factors set forth in Section 503(b)(2)(D) of the Act, which include
    the nature, circumstances, extent, and gravity of the violations,
    and with respect to the violator, the degree of culpability, and
    history of prior offenses, ability to pay, and other such matters as
    justice may require.[^12] Applying the *Forfeiture Policy
    Statement*, Section 1.80, and the statutory factors to the instant
    case, we conclude that Princess K Fishing Corporation is apparently
    liable for an \$8,000 forfeiture.

# ORDERING CLAUSES

10. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended, and Sections 0.111, 0.311,
    0.314 and 1.80 of the Commission\'s Rules, Princess K Fishing
    Corporation is hereby NOTIFIED of this APPARENT LIABILITY FOR A
    FORFEITURE in the amount of eight thousand dollars (\$8,000) for
    violations of Section 80.89(a) of the Rules.[^13]

11. IT IS FURTHER ORDERED that, pursuant to Section 1.80 of the
    Commission\'s Rules within thirty days of the release date of this
    Notice of Apparent Liability for Forfeiture, Princess K Fishing
    Corporation SHALL PAY the full amount of the proposed forfeiture or
    SHALL FILE a written statement seeking reduction or cancellation of
    the proposed forfeiture.

12. 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/Account Number and FRN
    Number referenced above. Payment by check or money order may be
    mailed to Federal Communications Commission, P.O. Box 979088, St.
    Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
    Bank -- Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention
    Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to
    ABA Number 021030004, receiving bank TREAS/NYC, and account
    number 27000001. For payment by credit card, an FCC Form 159
    (Remittance Advice) must be submitted.  When completing the FCC Form
    159, enter the NAL/Account number in block number 23A (call
    sign/other ID), and enter the letters "FORF" in block number 24A
    (payment type code). Requests for full payment under an installment
    plan should be sent to:  Chief Financial Officer \-- Financial
    Operations, 445 12th Street, S.W., Room 1-A625, Washington,
    D.C.  20554. [^14]  Please contact the Financial Operations Group
    Help Desk at 1-877-480-3201 or Email: <ARINQUIRIES@fcc.gov> with any
    questions regarding payment procedures. Princess K Fishing
    Corporation shall also send electronic notification on the date said
    payment is made to WR-Response@fcc.gov.

13. The response, if any, must be mailed to Federal Communications
    Commission, Enforcement Bureau, Western Region, Honolulu Office,
    P.O. Box 971030, Waipahu, Hawaii, 96797-1030 and must include the
    NAL/Acct. No. referenced in the caption. An electronic copy shall be
    sent to WR-Response@fcc.gov.

14. 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.

15. IT IS FURTHER ORDERED that a copy of this Notice of Apparent
    Liability for Forfeiture shall be sent by Certified Mail, Return
    Receipt Requested, and regular mail, to Princess K Fishing
    Corporation.

FEDERAL COMMUNICATIONS COMMISSION

Ryan Hagihara

Resident Agent

Honolulu Office

Western Region

Enforcement Bureau

[^1]: 47 C.F.R. § 80.89(a).

[^2]: 47 U.S.C. § 503(b).

[^3]: Section 312(f)(1) of the Act, 47 U.S.C. § 312(f)(1), which applies
    to violations for which forfeitures are assessed under Section
    503(b) of the Act, provides that \"\[t\]he term \'willful\', when
    used with reference to the commission or omission of any act, means
    the conscious and deliberate commission or omission of such act,
    irrespective of any intent to violate any provision of this Act or
    any rule or regulation of the Commission authorized by this
    Act....\" *See Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^4]: Section 312(f)(2) of the Act, 47 U.S.C. § 312(f)(2), which also
    applies to violations for which forfeitures are assessed under
    Section 503(b) of the Act, provides that \"\[t\]he term
    \'repeated\', when used with reference to the commission or omission
    of any act, means the commission or omission of such act more than
    once or, if such commission or omission is continuous, for more than
    one day."

[^5]: 47 C.F.R. § 80.89(a).

[^6]: 47 C.F.R. § 80.5.

[^7]: 47 C.F.R. § 80.334.

[^8]: 47 C.F.R. § 80.335(e).

[^9]: *See* 47 C.F.R. §§ 87.193 -- 87.199.

[^10]: *See, e.g., Grant Lam*, 22 FCC Rcd 6341 (EB 2007); *AMERI-KING
    Corporation*, 23 FCC Rcd 2616 (EB 2008); *Compatible Electronics,*
    23 FCC Rcd 2621 (EB 2008).

[^11]: 12 FCC Rcd 17087 (1997), *recon. denied*, 15 FCC Rcd 303 (1999);
    47 C.F.R. §1.80.

[^12]: 47 U.S.C. § 503(b)(2)(E).

[^13]: 47 U.S.C. § 503(b), 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    80.89(a).

[^14]: *See* 47 C.F.R. § 1.1914.