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 Rules[^10] 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.