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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
NVT Hawaii Licensee, LLC )
Licensee of Television Station KHON-DT ) File No. EB-08-HL-0251
Facility ID# 4144 )
Honolulu, Hawaii ) NOV No. V200932860001
)
)
NOTICE OF VIOLATION
Released: December 11, 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 NVT Hawaii Licensee, LLC ("NVT"),
licensee of digital television station KHON-DT in Honolulu, Hawaii.
2. On November 3, 2008 and on December 1, 2008, an agent of the
Enforcement Bureau's Honolulu Office monitored the second digital
channel of television station KHON-DT located at 88 Piikoi Street, 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 EAS Participants in an EAS Local Area or
State." The second digital channel of KHON-DT did not retransmit the
required monthly test issued by the Hawaii State Civil Defense on November
3, 2008, or on December 1, 2008.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, NVT Hawaii Licensee, LLC,
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 NVT or a principal or officer
of NVT. 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
and regular mail to NVT, at the 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