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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Hochman Hawaii-Three, Inc. ) File No. EB-FIELD-WR-12-00004068
Licensee of Station KORL-FM )
Facility ID # 36242 )
Waianae, Hawaii )
) NOV No. V201232860018
)
NOTICE OF VIOLATION
Released: 091212
By the Resident Agent, Honolulu Resident Agent 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 Hawaii-Three, Inc., licensee of
radio station KORL-FM, in Waianae, Hawaii. Pursuant to Section 1.89(a)
of the Commission's Rules, issuance of this NOV does not preclude the
Enforcement Bureau from further action if warranted, including issuing
a Notice of Apparent Liability for Forfeiture for the violation noted
herein.
2. On August 1, 2012 and September 4, 2012, an agent of the Enforcement
Bureau's Honolulu Resident Agent Office monitored KORL-FM, located at
Waianae, Hawaii, and observed the following violation(s):
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." The agent found that KORL-FM did not retransmit the required
monthly tests issued by Hawaii State Civil Defense on both August 1, 2012,
and September 4, 2012.
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.
4. Pursuant to Section 308(b) of the Communications Act of 1934, as
amended, and Section 1.89 of the Commission's Rules, we seek
additional information concerning the violations and any remedial
actions taken. Therefore, Hochman Hawaii-Three, 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.
5. In accordance with Section 1.16 of the Commission's Rules, we direct
Hochman Hawaii-Three, 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 Hochman Hawaii-Three, Inc. with
personal knowledge of the representations provided in Hochman
Hawaii-Three, Inc. 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.
6. 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 Resident Agent Office
POB 971030
Waipahu, Hawaii 96797-1030
7. This Notice shall be sent to Hochman Hawaii-Three, Inc. at its
address of record.
8. 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.
FEDERAL COMMUNICATIONS COMMISSION
John R. Raymond
Resident Agent
Honolulu Resident Agent Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 C.F.R. S: 1.89(a).
47 U.S.C. S: [308(b).
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.
P.L. 93-579, 5 U.S.C. S: 552a(e)(3).
Federal Communications Commission
3
Federal Communications Commission