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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Radio Hawaii, Inc. ) File No. EB-07-HL-219
Licensee of Radio Station KWAI )
Facility ID # 54613 )
) NOV No. V20083286002
Honolulu, Hawaii )
)
NOTICE OF VIOLATION
Released: October 19, 2007
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 Radio Hawaii, Inc., licensee of
radio station KWAI in Honolulu, HI.
2. On October 2, 2007, an agent of the Enforcement Bureau's Honolulu
Office inspected the transmitter site of radio station KWAI located at
the broadcast tower, ASR# 1213943 on Hart Street extension next to the
Kapalama Canal, Honolulu, HI 96819, and observed the following
violation:
47 C.F.R S: 73.1350(a): "Each licensee is responsible for maintaining and
operating its broadcast station in a manner that complies with the
technical rules set forth elsewhere in this part and in accordance with
the terms of the station authorization." When the Honolulu agent inspected
the station, it was found to be operating from 21DEG 19' 15.8'' north
latitude, 157DEG 52' 37.2'' west longitude, a location 2.013 miles from
that authorized by the station authorization.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Radio Hawaii, 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
Radio Hawaii, 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, HI 96797-1030
4. This Notice shall be sent to by Certified Mail/Return Receipt
Requested and regular mail to Radio Hawaii, 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