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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
One Love Outreach, Inc )
Licensee of Television Station KALO ) File No. EB-10-HL-0120
Facility ID# 51241 )
Honolulu, Hawaii ) NOV No. V201032860014
)
)
NOTICE OF VIOLATION
Released: August 5, 2010
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 One Love Outreach, Inc, licensee of
television station KALO in Honolulu, Hawaii. This Notice may be
combined with a further action, if further action is warranted.
2. On July 1, 2010 and August 2, 2010, an agent of the Enforcement
Bureau's Honolulu Office monitored the television station KALO located
in Honolulu, Hawaii, 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."
The agent observed that KALO did not transmit a visual message during the
required monthly test issued by Hawaii State Civil Defense on both July 1,
2010 and August 2, 2010.
3. As the nation's emergency warning system, the Emergency Alert System
is critical to public safety, and we recognize the vital role that
broadcasters play in ensuring its success. The Commission takes
seriously any violations of the Rules implementing the EAS and expects
full compliance from its regulatees. Pursuant to Section 403 of the
Communications Act of 1934, as amended, and Section 1.89 of the
Commission's Rules, we seek additional information concerning the
violation and any remedial actions the station may have taken.
Therefore, One Love Outreach, Inc must submit a written statement
concerning this matter within twenty (20) days of release of this
Notice. The response (i) must fully explain each violation, including
all relevant surrounding facts and circumstances, (ii) must contain a
statement of the specific action(s) taken to correct each violation
and preclude recurrence, and (iii) must include a time line for
completion of any pending corrective action(s). The response must be
complete in itself and must not be abbreviated by reference to other
communications or answers to other notices.
4. In accordance with Section 1.16 of the Commission's Rules, we direct
One Love Outreach, Inc, to support its response to this Notice with an
affidavit or declaration under penalty of perjury, signed and dated by
an authorized officer of One Love Outreach, Inc, with personal
knowledge of the representations provided in One Love Outreach, Inc's
response, verifying the truth and accuracy of the information therein,
and confirming that all of the information requested by this Notice
which is in the licensee's possession, custody, control, or knowledge
has been produced. To knowingly and willfully make any false statement
or conceal any material fact in reply to this Notice is punishable by
fine or imprisonment under Title 18 of the U.S. Code.
5. 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
6. This Notice shall be sent to One Love Outreach, Inc, at its address of
record.
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: 1.89(a).
47 C.F.R. S: 11.11(a).
47 U.S.C. S: 403.
47 C.F.R. S: 1.89(c).
Section 1.16 of the Commission's Rules provides that "[a]ny document to be
filed with the Federal Communications Commission and which is required by
any law, rule or other regulation of the United States to be supported,
evidenced, established or proved by a written sworn declaration,
verification, certificate, statement, oath or affidavit by the person
making the same, may be supported, evidenced, established or proved by the
unsworn declaration, certification, verification, or statement in writing
of such person . . . . Such declaration shall be subscribed by the
declarant as true under penalty of perjury, and dated, in substantially
the following form . . . : `I declare (or certify, verify, or state) under
penalty of perjury that the foregoing is true and correct. Executed on
(date). (Signature)'." 47 C.F.R. S: 1.16.
18 U.S.C. S: 1001 et seq. See also 47 C.F.R. S: 1.17.
Federal Communications Commission
3
Federal Communications Commission