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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Pacifica Broadcasting Company )
Licensee of Television Station KALO ) File No. EB-08-HL-021
Facility ID# 51241 )
Honolulu, Hawaii ) NOV No. V200832860009
)
)
NOTICE OF VIOLATION
Released: March 7, 2008
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 Pacifica Broadcasting Company
("Pacifica"), licensee of television station KALO in Honolulu, Hawaii.
2. On January 2, 2008, an agent of the Enforcement Bureau's Honolulu
Office monitored the television station KALO located at 875 Waimanu
Street, Suite 110 in Honolulu, Hawaii, and observed the following
violation:
47 C.F.R. S: 11.61(a)(1)(i): "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." KALO did not retransmit the required monthly test issued by
Hawaii State Civil Defense on January 2, 2008.
3. On March 3, 2008, an agent of the Enforcement Bureau's Honolulu Office
monitored the television station KALO and observed the following
violation:
47 C.F.R. S: 11.51(d): "By the effective dates provided in S: 11.11(a),
analog and digital television broadcast stations shall transmit a visual
message containing the Originator, Event, Location and the valid time
period of an EAS message." No visual message was observed during the
Required Monthly Test ("RMT") transmission on March 3, 2008.
4. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Pacifica Broadcasting
Company 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 Pacifica or a
principal or officer of Pacifica. 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
5. This Notice shall be sent by Certified Mail, Return Receipt Requested
and regular mail to Pacifica, at the address of record.
6. 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 C.F.R. S: 11.11(a).
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