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Before the
Federal Communications Commission
Washington, D.C. 20554
CERTIFIED MAIL #7001 0320 0002 9838 7646
Return Receipt Requested
In the Matter of )
)
Pacific Radio Group, Inc. ) File No. EB-06-HL-071
Licensee of Radio Station KJKS )
Facility ID #9674 ) NOV No. V20063286011
Kahului, HI 96732 )
)
NOTICE OF VIOLATION
Released: July 20, 2006
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, to Pacific Radio Group, Inc., licensee
of radio station KJKS in Kahului, HI.
2. On June 1, 2006, an agent of the Enforcement Bureau's Honolulu Office
monitored and inspected radio station KJKS on 99.9 MHz, and observed
the following violations:
a. 47 C.F.R. S 11.61(a)(1)(v): "Required Monthly Tests of the EAS header
codes, Attention Signal, Test Script and EOM code...must be
transmitted within 60 minutes of receipt by broadcast stations...in
an EAS Local Area or State." KJKS did not retransmit the required
monthly test issued by Hawaii State Civil Defense on June 1, 2006.
b. 47 C.F.R. S 11.35(a): "Broadcast stations...are responsible for
ensuring that EAS Encoders, EAS Decoders and Attention Signal
generating and receiving equipment used as part of the EAS are
installed so that the monitoring and transmitting functions are
available during the times the stations . . . are in operation." At
the time of the inspection, while performing a manual required weekly
test ("RWT"), the external relay unit failed to trigger the RWT
transmission for KJKS.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Pacific Radio Group, Inc.,
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
Pacific Radio Group, Inc. 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 to by Certified Mail/Return Receipt
Requested and regular mail to Pacific Radio Group, Inc. at its address
of record.
5. 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. 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.
FEDERAL COMMUNICATIONS COMMISSION
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S 1.89.
47 U.S.C. S 403.
P.L. 93-579, 5 U.S.C. S 552a(e)(3).
18 U.S.C. S 1001 et seq.
Federal Communications Commission
2
Federal Communications Commission