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                                  Before the
Federal Communications Commission
Washington, D.C. 20554

In the Matter of	)
	)
Radio Hawaii, Inc.	)                    File No.: EB-FIELDWR-14-00015413
Licensee of Station KWAI	)
	)                    NOV No.: V201432860010
	)	
Honolulu, Hawaii	)	   Facility ID: 54613

NOTICE OF VIOLATION

	Released:  May 15, 2014

By the Resident Agent, Honolulu Office, Western Region, Enforcement Bureau:

* This is a Notice of Violation (Notice) issued pursuant to Section 1.89 of the Commission's rules (Rules) to Radio Hawaii, Inc.  (Radio Hawaii), licensee of radio station KWAI 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(s) noted herein.
* On April 24, 2014, an agent of the Enforcement Bureau's Honolulu Office inspected radio station KWAI located at 100 N. Beretania St, Suite 401, Honolulu, Hawaii, and observed the following violation:

  + 47 C.F.R. § 11.61(b): "Entries shall be made in EAS Participant records, as specified in §11.35(a) and 11.54(a)(3)."  KWAI did not have EAS CAP-formatted entries in the station's EAS logs from February 26, 2014 through April 24, 2014.

* 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 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, Radio Hawaii 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.  
* In accordance with Section 1.16 of the Rules, we direct Radio Hawaii to support its response to this Notice with an affidavit or declaration under penalty of perjury, signed and dated by an authorized officer of Radio Hawaii with personal knowledge of the representations provided in Radio Hawaii'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.  
* 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, HI  96797-1030

* This Notice shall be sent to Radio Hawaii, Inc. at its address of record.  
* 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