**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

Certified Mail #7006 2760 0002 9122 3722

Return Receipt Requested

In the Matter of )

)

Hawaii Railing Inc. )

HA7068E ) File No. EB-08-HL-090

Licensee of Maritime Radio Station )

Kapolei, Hawaii ) NOV No. V200832860009

)

NOTICE OF VIOLATION

Released: April 3, 2008

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

1.  This is a Notice of Violation (\"Notice\") issued pursuant to
    Section 1.89 of the Commission's Rules,[^1] to Hawaii Railing Inc.,
    licensee of maritime radio station HA7068E.

2.  On April 2, 2008, an agent of the Commission's Honolulu Office
    inspected ship radio station HA7068E, located in front of Hawaii
    Railing Inc., Kapolei, Hawaii, and observed the following violation:

> 47 C.F.R. § 80.89(a): "Stations must not engage in superfluous
> radiocommunication." Emergency position indicating radio beacon
> ("EPIRB") stations are intended to be actuated manually or
> automatically and operated automatically as part of a ship or a
> survival craft station as a locating aid for survival purposes. At the
> time of the inspection, the agent found that the ship's ACR EPIRB had
> been inadvertently activated.
>
> 47 C.F.R. § 80.1053: "Operation of Class A EPIRB stations shall be
> prohibited after December 31, 2006." The ship's ACR EPIRB that was
> falsely activated may not be used on commercial or recreational
> watercraft, as it is a Class A device.

3.  Pursuant to Section 403 of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, Hawaii
    Railing Inc. must submit a written statement concerning this matter
    within 20 days of release of this Notice. The response must fully
    explain each violation, must contain a statement of the specific
    action(s) taken to correct each violation and preclude recurrence,
    and should include a time line for completion of pending corrective
    action(s). The response must be complete in itself and signed by an
    officer or authorized representative of Hawaii Railing Inc.. 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
>
> P.O. Box 971030
>
> Waipahu, Hawaii 96797-1030

4.  This Notice shall be sent by certified mail, return receipt
    requested, to Hawaii Railing Inc., at the address of record.

5.  The Privacy Act of 1974[^3] 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.
    Any false statement made knowingly and willfully in reply to this
    Notice is punishable by fine or imprisonment under Title 18 of the
    U.S. Code.[^4]

FEDERAL COMMUNICATIONS COMMISSION

John R. Raymond

Resident Agent

Honolulu Office

> Western Region
>
> Enforcement Bureau

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

[^3]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*