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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554



   In the Matter of )


   Capstar TX Limited Partnership )

   Licensee of Radio Station KIKI-FM ) File No. EB-09-HL-0132

   Facility ID# 34592 )

   Honolulu, Hawaii ) NOV No. V201032860003



                              NOTICE OF VIOLATION

   Released: January 4, 2010

   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 Capstar TX Limited Partnership 
       ("CAPSTAR"),  licensee of  radio station KIKI-FM  in Honolulu, Hawaii.
       This Notice may be combined with a further action, if further action
       is warranted.

    2. On October 1, 2009 and November  2, 2009, an agent of the Enforcement
       Bureau's Honolulu Office monitored the second multicast digital
       station of radio station KIKI-FM 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

   The agent found that KIKI-FM HD-2 did not retransmit the required monthly
   test issued by Hawaii State Civil Defense on both October 1, 2009 and
   November  2, 2009.

    3. As the nation's emergency warning system, the Emergency Alert System
       is critical to public safety, and we recognize the vital role that
       broadcasters play in ensuring its success. The Commission takes
       seriously any violations of the Rules implementing the EAS and expects
       full compliance from its regulatees. Pursuant to Section 403 of the
       Communications Act of 1934, as amended, and Section 1.89 of the
       Commission's Rules, we seek additional information concerning the
       violation and any remedial actions the station may have taken. 
       Therefore, CAPSTAR 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 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. In accordance with Section 1.16 of the Commission's Rules, we direct
       CAPSTAR to support its response to this Notice with an affidavit or
       declaration under penalty of perjury, signed and dated by an
       authorized officer of CAPSTAR with personal knowledge of the
       representations provided in CAPSTAR's response, verifying the truth
       and accuracy of the information therein, and confirming that all of
       the information requested by this Notice which is in the licensee'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.

    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

   P.O. Box 971030

   Waipahu, Hawaii 96797-1030

    6. This Notice shall be sent to  CAPSTAR, at the address of record. 

    7. 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.


   Ryan Hagihara

   Resident Agent

   Honolulu Office

   Western Region

   Enforcement Bureau

   47 C.F.R. S: 1.89.

   47 C.F.R. S: 1.89(a).

   47 U.S.C. S: 403.

   47 C.F.R. S: 1.89(c).

   Section 1.16 of the Commission's 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. S: 1.16.

   18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.

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

   Federal Communications Commission


                       Federal Communications Commission