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Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
Broadcast House of the Pacific, Inc. ) File Number: EB-06-HL-074
Licensee of Station KNDI ) NAL/Acct. No.: 200632860001
Honolulu, Hawaii ) FRN: 0003776671
Facility ID # 37065 )
1. This Consent Decree is entered into by the Enforcement Bureau of the
Federal Communications Commission and Broadcast House of the Pacific,
2. For the Purposes of this Consent Decree, the following definitions
a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C.
Section 151 et seq.;
b. "BHP" means Broadcast House of the Pacific, Inc.;
c. "Bureau" means the Enforcement Bureau of the Federal Communications
d. "Commission" or "FCC" means the Federal Communications Commission;
e. "Effective Date" means the date on which the Order is released;
f. "Enforcement Proceeding" means the investigation of alleged Rule
violations by BHP culminating in the Notice of Apparent Liability;
g. "Licensee" means the holder of the License;
h. "Licenses" means all authorizations, permits and licenses issued by
the Commission in connection with the operation of the Station;
i. "Non-Related Company" means a company or organization in which neither
BHP nor its principals, individually or collectively, are an officer,
director, partner, member, manager or holder (directly or indirectly)
of an ownership interest;
j. "Notice of Apparent Liability" means Broadcast House of the Pacific,
Inc., NAL/Acct. No. 200632860001 (Enf. Bur., Western Region, Honolulu
Resident Agent Office, rel. Aug. 9, 2006).
k. "Order" means an order of the Bureau adopting this Consent Decree;
l. "Parties" means the Bureau and BHP;
m. "Rules" means the Commission's regulations set forth in Title 47 of
the Code of Federal Regulations;
n. "Station" means Station KNDI(AM), Honolulu, Hawaii (Facility ID No.
3. On May 1, 2006, and June 1, 2006, agents of the Enforcement Bureau's
Honolulu Office conducted off air monitoring of radio station KNDI on
1270 kHz, in Honolulu, Hawaii. On both days, KNDI did not retransmit
the required monthly test ("RMT") transmitted by the Hawaii State
Civil Defense at approximately 11:15AM HST. On June 14, 2006, agents
of the Commission's Honolulu Office conducted an inspection at the
main studio of KNDI located at 1734 South King Street, Honolulu,
Hawaii. EAS equipment was installed but was not operational at the
time of inspection. The operator on duty was not able to successfully
generate a manually-initiated Required Weekly Test ("RWT"). The EAS
receiver was only able to receive an audio signal from one of the two
assigned monitoring sources. A review of the EAS log and printouts
generated by the EAS Encoder/Decoder indicated that from April through
June 2006, there were no RWTs received on channel one of the EAS
equipment. EAS logs also indicated that no RMTs were retransmitted in
April and May 2006. No entries were made by KNDI staff in the EAS log
to identify the causes of these failures or what steps were taken to
remedy any failures. On June 15, 2006, a Honolulu agent spoke with the
KNDI contract engineer. The engineer indicated that he inspected the
KNDI EAS equipment earlier that day and acknowledged that he found
problems with the equipment. Specifically, he indicated that the EAS
equipment had a faulty relay which prevented the unit from
transmitting any tests. Also, the power cord for a portable radio that
provided the audio source for channel one of the EAS equipment was
found unplugged inside the rack, which resulted in no reception of the
channel one monitoring source.
4. On August 9, 2006, the Honolulu Office issued a Notice of Apparent
Liability to BHP in the amount of $8,000 for apparent violations of
Section 11.35(a) for failing to ensure the operational readiness of
KNDI's EAS equipment.
5. BHP agrees that the Bureau, by delegated authority of the Commission,
has jurisdiction over the matters contained in this Consent Decree,
and the authority to enter into and adopt this Consent Decree.
6. BHP and the Bureau agree to be legally bound by the terms and
conditions of this Consent Decree. BHP represents and warrants that
its signatory is duly authorized to enter into this Consent Decree on
7. The Parties agree that this Consent Decree will become effective on
the Effective Date. Upon the Effective Date, the Order and the Consent
Decree will have the same force and effect as any other order of the
Bureau and any violation of the terms of this Consent Decree will
constitute a separate violation of a Bureau order, entitling the
Bureau to subject BHP to enforcement action for such violation.
8. BHP and the Bureau agree that this Consent Decree does not constitute
an adjudication of the merits, or any finding on the facts or law
regarding any violations committed by BHP arising out of the
Enforcement Proceeding, and that it is not to be construed as an
admission of any violation by BHP.
9. BHP agrees that within thirty (30) days of the release date of the
Order, BHP will make a voluntary contribution to the U. S. Treasury in
the amount of one thousand dollars ($1,000.00). Such payment will be
made without further protest or recourse, by check or similar
instrument, payable to the order of the Federal Communications
Commission. Such payment will include the NAL/Acct. No. and FRN No.
referenced in the Adopting Order. Such payment by check or money order
may be mailed to Federal Communications Commission, P.O. Box 358340,
Pittsburgh, PA 15251-8340. Such payment by overnight mail may be sent
to Mellon Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh,
PA 15251. Such payment by wire transfer may be made to ABA
Number 043000261, receiving bank Mellon Bank, and account number
10. As further conditions to this agreement, BHP also agrees that:
a. Within thirty (30) days of the release date of this Order, BHP, in
coordination with the Hawaii Department of Civil Defense, will
initiate multi-language EAS announcements on KNDI(AM) in eleven ethnic
b. Within thirty (30) days of the release date of the Order, BHP will
implement an EAS Compliance Plan to ensure that no further violation
of the Commission's EAS Rules will occur. The Compliance Plan will
include extensive training for all employees of KNDI(AM) concerning
the activation, testing, and use of the KNDI(AM) EAS equipment.
11. BHP and the Bureau acknowledge and agree that this Consent Decree
shall constitute a final settlement between them.
12. In express reliance upon the covenants and representations contained
herein, the Bureau agrees to terminate the Enforcement Proceeding at such
time as both parties sign this Consent Decree.
13. BHP waives any and all rights it may have to seek administrative or
judicial reconsideration, review, appeal or stay, or to otherwise
challenge or contest the validity of this Consent Decree and the Order
adopting this Consent Decree, provided the Order adopts the Consent Decree
14. In the event that the Commission or its delegated authority find that
BHP violates Section 11.35(a) of the Rules subsequent to the release of
this Consent Decree and Order, BHP agrees that the Commission or its
delegated authority may consider the violations documented in the
Enforcement Proceeding when determining an appropriate sanction.
15. BHP and the Bureau agree that the effectiveness of this Consent Decree
is expressly contingent upon issuance of the Order, provided the Order
adopts the Consent Decree without modification.
16. This Consent Decree will be binding on BHP transferees, successors and
assigns, provided that in the event of an assignment or transfer of the
Licenses to a Non-Related Company, only the obligations of Paragraph 9
will be binding on the assignee or transferee.
17. BHP and the Bureau agree that, in the event any court of competent
jurisdiction renders this Consent Decree invalid, the Consent Decree shall
become null and void and may not be used in any manner in any legal
18. BHP and the Bureau agree that, if the Commission, or the United States
on behalf of the Commission, brings a judicial action to enforce the terms
of the Order adopting this Consent Decree, neither BHP nor the Commission
will contest the validity of the Consent Decree or Order, and BHP will
waive any statutory right to a trial de novo with respect to the matter
upon which the Order is based, and shall consent to a judgment
incorporating the terms of this Consent Decree.
19. BHP agrees to waive any claims it may otherwise have related to this
matter under the Equal Access to Justice Act, 5 U.S.C. S 504 and 47 C.F.R.
SS 1.1501 et seq.
20. Any provision of this Consent Decree affected by or inconsistent with
any subsequent rule or order adopted by the Commission will be superseded
by such Commission rule or order.
21. BHP and the Bureau agree that the terms and conditions of this Consent
Decree shall remain in effect for a period of twenty-four (24) months,
which shall begin on the release date of the Order.
22. This Consent Decree may be signed in counterparts.
FEDERAL COMMUNICATIONS COMMISSION
Kris Anne Monteith
Chief, Enforcement Bureau
BROADCAST HOUSE OF THE PACIFIC, INC.
___________________________________ Date: ____________________
By: Leona Jona, President
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Federal Communications Commission
Federal Communications Commission