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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Radio Hawaii, Inc. )
Licensee of Radio Station KWAI ) File No. EB-09-HL-0010
Facility ID# 54613 )
Honolulu, Hawaii ) NOV No. V200932860007
)
)
NOTICE OF VIOLATION
Released: April 6, 2009
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, Hawaii.
2. On March 2, 2009 and April 1, 2009, an agent of the Enforcement
Bureau's Honolulu Office monitored radio station KWAI located 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." KWAI did not retransmit the required monthly tests issued by
Hawaii State Civil Defense on both March 2, 2009 and April 1, 2009.
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, Hawaii 96797-1030
4. This Notice shall be sent by Certified Mail, Return Receipt Requested
and regular mail to Radio Hawaii, Inc., 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
John Raymond
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