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Before the
Federal Communications Commission
Washington, D.C. 20554
Certified Mail #7001 0320 0002 9837 2284
Return Receipt Requested
In the Matter of )
)
Visionary Related Entertainment ) File No. EB-03-HL-
090
Licensee of FM Broadcast Station KAOI-FM )
P.O. Box 15261 ) NOV No.
V20043286002
Santa Rosa, CA 95402 )
)
)
NOTICE OF VIOLATION
Released: February
26, 2004
By the Honolulu Office, Enforcement Bureau:
1. This is a Notice of Violation ("Notice") issued
pursuant to Section 1.89 of the Commission's Rules,1 to
Visionary Related Entertainment, licensee of FM Broadcast
Station KAOI-FM.
2. On January 26, 2004, agents of the Commission's
Honolulu Office inspected the KAOI-FM antenna installation,
2.4 kilometers southeast of the Makena Post Office, Maui,
Hawaii, and observed the following violation:
47 C.F.R. § 73.1690(c)(1): ``The following FM, TV
and Class A station modifications may be made
without prior authorization from the Commission. A
modification of license application must be
submitted to the Commission within 10 days of
commencing program test operations pursuant to §
73.1620.2 (1) Replacement of an omnidirectional
antenna with one of the same or different number of
antenna bays, provided that the height of the
antenna radiation center is not more than 2 meters
above or 4 meters below the authorized values.''
Specifically, the observed antenna height of
radiation center above ground level (``RCAGL'') is
approximately 14 meters, and the authorized RCAGL is
25 meters.
3. Pursuant to Section 308(b) of the Communications Act of
1934, as amended,3 and Section 1.89 of the Commission's
Rules, Visionary Related Entertainment 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 the
licensee. 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 Visionary Related Entertainment, P.O.
Box 15261, Santa Rosa, CA 95402.
5. The Privacy Act of 19744 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.5
FEDERAL COMMUNICATIONS
COMMISSION
John R. Raymond
Resident Agent
Honolulu Office
_________________________
1 47 C.F.R. § 1.89.
2 47 C.F.R. § 73.1620
3 47 U.S.C. § 308(b).
4 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
5 18 U.S.C. § 1001 et seq.