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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
The University of Hawaii )
Licensee of Radio Station KTUH ) File No. EB-09-HL-0068
Facility ID# 66592 )
Honolulu, Hawaii ) NOV No. V200932860011
)
)
NOTICE OF VIOLATION
Released: June 4, 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 The University of Hawaii ("UH"),
licensee of radio station KTUH in Honolulu, Hawaii.
2. On May 1, 2009 and June 1, 2009, an agent of the Enforcement Bureau's
Honolulu Office monitored radio station KTUH 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." KTUH did not retransmit the required monthly test issued by Hawaii
State Civil Defense on both May 1, 2009 and June 1, 2009.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, The University of Hawaii
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 UH.
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 UH, 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