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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554



   In the Matter of )


   Hochman - McCann Hawaii, Inc. )

   Licensee of Radio Station KPHI ) File No. EB-09-HL-0088

   Facility ID# 88995 )

   Honolulu, Hawaii ) NOV No. V200932860013



                              NOTICE OF VIOLATION

   Released: September 15, 2009

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

    1. This is a Notice of Violation ("Notice") issued pursuant to Section
       1.89 of the Commission's Rules, to Hochman - McCann Hawaii, Inc.,
       licensee of radio station KPHI in Honolulu, Hawaii.

    2. On June 1, 2009 and September 1, 2009, agents of the Enforcement
       Bureau's Honolulu Office monitored radio station KPHI located in
       Honolulu, Hawaii, and observed the following violation:

   47 C.F.R. S: 11.61(a)(1)(i): "Required Monthly Tests of the EAS header
   codes, Attention Signal, Test Script and EOM code...must be transmitted
   within 60 minutes of receipt by EAS participants in an EAS Local Area or
   State." KPHI transmitted only the EAS header codes, failing to retransmit
   the test script of the required monthly tests issued by Hawaii State Civil
   Defense on both June 1, 2009 and September 1, 2009.

    3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
       and Section 1.89 of the Commission's Rules, Hochman - McCann Hawaii,
       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 a principal or officer of
       Hochman - McCann Hawaii, 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
       and regular mail to Hochman - McCann Hawaii, Inc., at the address of

    5. The Privacy Act of 1974 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.


   John Raymond

   Resident Agent

   Honolulu Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 U.S.C. S: 403.

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

   18 U.S.C. S: 1001 et seq.

   Federal Communications Commission


                       Federal Communications Commission