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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Hochman - McCann Hawaii, Inc. )
Licensee of Radio Station KPHI ) File No. EB-09-HL-0088
Facility ID# 88995 )
Honolulu, Hawaii ) NOV No. V200932860013
)
)
NOTICE OF VIOLATION
Released: September 15, 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 Hochman - McCann Hawaii, Inc.,
licensee of radio station KPHI in Honolulu, Hawaii.
2. On June 1, 2009 and September 1, 2009, agents of the Enforcement
Bureau's Honolulu Office monitored radio station KPHI 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." KPHI transmitted only the EAS header codes, failing to retransmit
the test script of the required monthly tests issued by Hawaii State Civil
Defense on both June 1, 2009 and September 1, 2009.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, Hochman - McCann 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
Hochman - McCann 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 Hochman - McCann 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