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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
HTV/HTN/Hawaiian TV Network, Ltd. )
Licensee of UHF Class A Television Station ) File No. EB-11-HL-0055
KHLU-LP )
Facility ID# 27969 )
Honolulu, Hawaii ) NOV No. V201132860009
)
NOTICE OF VIOLATION
Released: April 25, 2011
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 HTV/HTN/Hawaiian TV Network, Ltd.
("HTV"), licensee of UHF Class A Television Station KHLU-LP in
Honolulu, Hawaii.
2. On April 12, 2011, an agent of the Enforcement Bureau's Honolulu
Office inspected the KHLU-LP transmitting antenna on Palehua Ridge,
Hawaii, and observed the following violation:
47 C.F.R. S: 73.1350(a): "Each licensee is responsible for maintaining and
operating its broadcast station in a manner ... in accordance with the
terms of the station authorization." The most recent license engineering
data for KHLU-LP specifies that the antenna radiation center above ground
level ("RCAGL") is 713 meters. On-scene observations indicate that the top
of the transmitting antenna is below 18 meters.
3. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, HTV 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 HTV. 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 to HTV at its 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: 308(b).
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