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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
Ion Media Hawaii License, Inc. )
Licensee of DTV Educational Station KXPO-TV ) File No.
EB-FIELDWR-13-00011004
)
Honolulu, Hawaii ) NOV No. V201332860024
)
) Facility ID# 77483
NOTICE OF VIOLATION
Released: September 12, 2013
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 Ion Media Hawaii License, Inc.,
licensee of DTV educational broadcast station KXPO-TV in Honolulu,
Hawaii. Pursuant to Section 1.89(a) of the Rules, issuance of this
Notice 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 September 3, 2013, an agent of the Enforcement Bureau's Honolulu
Office monitored DTV broadcast station KXPO-TV, channel 66-4, 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." The agent found that KXPO-TV did not retransmit the audio script
(the video crawl was observed) of the required monthly test issued by
Hawaii State Civil Defense on September 3, 2013 on subchannel 4.
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 Rules, we seek additional
information concerning the violations and any remedial actions taken.
Therefore, KXPO-TV, 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
Ion Media Hawaii License, 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 Ion Media Hawaii License,
Inc., with personal knowledge of the representations provided in Ion
Media Hawaii License, 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.^
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 Office
P.O. Box 971030
Waipahu, Hawaii 96797-1030
7. This Notice shall be sent to Ion Media Hawaii License, 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
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 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