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Hochman Hawaii-Three, Inc., KORL-FM , Waianae, HI

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Released: September 12, 2012

Federal Communications Commission

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,1 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
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. § 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.


1 47 C.F.R. § 1.89.
2 47 C.F.R. § 1.89(a).

Federal Communications Commission

4.
Pursuant to Section 308(b) of the Communications Act of 1934, as amended,3 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.4
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,5 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
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.


3 47 U.S.C. § [308(b).
4 47 C.F.R. § 1.89(c).
5 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. § 1.16.
6 18 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17.
2

Federal Communications Commission

8.
The Privacy Act of 19747 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


7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).
3

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