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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Broadcast House of the Pacific Inc. ) File No. EB-FIELDWR-14-00013096
DBA KNDI Radio )
Licensee of KNDI ) NOV No. V201432860003
)
Honolulu, Hawaii ) Facility ID# 37065
)
NOTICE OF VIOLATION
Released: January 16, 2014
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 (Rules),^ to Broadcast House of the Pacific
Inc. (KNDI), licensee of AM broadcast station KNDI 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 January 9, 2014, an agent of the Enforcement Bureau's Honolulu
Resident Agent Office inspected KNDI, 1270 kHz, located in Honolulu,
Hawaii, and observed the following violation:
47 C.F.R. S 73.44(b): "Emissions removed by more than 75 kHz (from the
carrier) must be attenuated at least 43 + 10 Log (Power in watts) or 80 dB
below the unmodulated carrier level, whichever is the lesser
attentuation..."
At the time of inspection, the agent measured emssions on 1710 kHz,
attenuated -48.7 dB referenced to the KNDI carrier on 1270 kHz. As KNDI is
licensed to operate at 5000 watts, the emissions are required to be
attenuated 80 dB.
3. 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, KNDI 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 Rules, we direct KNDI to
support its response to this Notice with an affidavit or declaration
under penalty of perjury, signed and dated by an authorized officer of
KNDI with personal knowledge of the representations provided in the
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 Resident Agent Office
POB 971030
Waipahu, Hawaii 96797-1030
6. This Notice shall be sent to Broadcast House of the Pacific Inc. at
its address of record.
7. 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 Resident Agent District 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 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