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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
KHNL/KFVE License Subsidiary, LLC )
Licensee of Television Station KHNL-DT ) File No. EB-09-HL-0120
Facility ID# 34867 )
Honolulu, Hawaii ) NOV No. V201032860001
)
)
NOTICE OF VIOLATION
Released: October 2, 2009
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 KHNL/KFVE License Subsidiary, LLC
("KHNL"), licensee of digital television station KHNL-DT in Honolulu,
Hawaii.
2. On September 2, 2009 and on October 1, 2009, agents of the Enforcement
Bureau's Honolulu Office monitored the digital channel of television
station KHNL-DT located at 420 Waikamilo Road, Suite #205, in
Honolulu, Hawaii, and observed the following violation:
47 C.F.R. S: 11.51(c): "All analog and digital radio and television
stations shall transmit EAS messages in the main audio channel." KHNL-DT
transmitted the Attention Signal tones and video crawl but did not
transmit any EAS audio messages of the required monthly test issued by the
Hawaii State Civil Defense on September 2, 2009, or on October 1, 2009.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, KHNL/KFVE License
Subsidiary, LLC, 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 KHNL
or a principal or officer of KHNL. 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 by Certified Mail, Return Receipt Requested
and regular mail to KHNL, at the 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
Ryan Hagihara
Resident Agent
Honolulu Office
Western Region
Enforcement Bureau
47 C.F.R. S: 1.89.
47 U.S.C. S: 403.
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