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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

Certified Mail #7002 1000 0004 8897 1971                         
Return Receipt Requested

In the Matter of                )
New Wave Broadcasting, L.P.     )            File  No.  EB-04-HL-
Licensee of FM Broadcast Station KHUI        )
4150 Pinnacle                   )            NOV              No.  
El Paso, TX  79902              )

                       NOTICE OF VIOLATION

                                             Released:  July 7, 

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

  1.      This  is  a  Notice  of  Violation  ("Notice")   issued 
     pursuant to Section 1.89 of the Commission's Rules,1 to  New 
     Wave Broadcasting, L.P.,  licensee of  FM broadcast  station 

  2.      On July 1, 2004, an agent of the Commission's  Honolulu 
     Office monitored the transmissions  of FM broadcast  station 
     KHUI on 99.5 MHz, and observed the following violation:

       47 C.F.R.  11.61(a)(1)(v): ``Required Monthly  Tests 
       of  the  EAS header  codes,  Attention  Signal,  Test 
       Script and  EOM code...must  be retransmitted  within 
       60 minutes of  receipt by broadcast  an 
       EAS Local Area  or State.''  KHUI did not  retransmit 
       the July Required Monthly Test (RMT) complete and  in 
       its  entirety.  On  July  1, 2004,  at  approximately 
       11:24AM  HST, KHUI  rebroadcast  the RMT  EAS  header 
       codes, and  then resumed  regular programming.   Then 
       at 11:39AM  HST, the station interrupted  programming 
       to  rebroadcast  the RMT  EOM  code  and  once  again 
       resumed regular  programming.  The audio test  script 
       was not transmitted.

  3.      Pursuant to Section 308(b) of the Communications Act of 
     1934, as  amended,2 and  Section  1.89 of  the  Commission's 
     Rules, New  Wave Broadcasting,  L.P. 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  New Wave  Broadcasting,  L.P.,  4150 
     Pinnacle, El Paso, TX 79902.

  5.      The Privacy Act  of 19743 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.4

                                FEDERAL COMMUNICATIONS 

                                Ryan Hagihara
                                Resident Agent
                                Honolulu Office
                                Western Region
                                Enforcement Bureau

Cc:  Radio Station KHUI
     New Wave Broadcasting, L.P.
     1833 Kalakaua Avenue, Suite 500
     Honolulu, HI  96815


1 47 C.F.R.  1.89.

2 47 U.S.C.  308(b).
3 P.L. 93-579, 5 U.S.C.  552a(e)(3).

4 18 U.S.C.  1001 et seq.