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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554



   In the Matter of )


   Polynesian Broadcasting, Inc. )

   Licensee of AM Broadcast Station KZOO ) File No. EB-11-HL-0092

   Facility ID# 52914 )

   Honolulu, Hawaii ) NOV No. V201132860017



                              NOTICE OF VIOLATION

   Released: September 7, 2011

   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 Polynesian Broadcasting, Inc., 
       licensee of  AM broadcast station KZOO  in Honolulu, Hawaii.  This
       Notice may be combined with a further action, if further action is

    2. On August 1, 2011, and September  1, 2011, an agent of the Enforcement
       Bureau's Honolulu Office monitored AM broadcast station KZOO,  1210
       kHz, located in Honolulu, Hawaii, and observed the following

   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 KZOO did not retransmit the required monthly tests
   issued by Hawaii State Civil Defense on both  August 1, 2011 and September
   1, 2011.  On both dates, KZOO briefly broadcast National Weather Service
   audio at approximately 11:17 a.m. HST.

    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, Polynesian Broadcasting, Inc., 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
       Polynesian Broadcasting, Inc.,  to support its response to this Notice
       with an affidavit or declaration under penalty of perjury, signed and
       dated by an authorized officer of Polynesian Broadcasting, Inc., with
       personal knowledge of the representations provided in Polynesian
       Broadcasting, Inc.'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  Polynesian Broadcasting, Inc., at its
       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.


   John R. Raymond

   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