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Before the
Federal Communications Commission
Washington, D.C. 20554
)
)
In the Matter of )
)
HTV/HTN/Hawaiian TV Network, Ltd )
Licensee of Class A Television Station KHLU-LP ) File No. EB-08-HL-022
Facility ID# 27969 )
Honolulu, Hawaii ) NOV No. V20083286006
)
)
NOTICE OF VIOLATION
Released: January 25, 2008
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 HTV/HTN/Hawaiian TV Network, Ltd
("HTV"), licensee of radio station KHLU-LP in Honolulu, Hawaii.
2. On October 1, 2007 and January 2, 2008, an agent of the Enforcement
Bureau's Honolulu Office monitored the class A television station
KHLU-LP located at Palehua Ridge in Honolulu, Hawaii, and observed the
following violation:
47 C.F.R. S: 11.51(d): "By the effective dates provided in S: 11.11(a) ,
analog and digital television broadcast stations shall transmit a visual
message containing the Originator, Event, Location and the valid time
period of an EAS message." No visual message was observed during the
Required Monthly Test ("RMT") transmissions for the months of October 2007
and January 2008.
3. Pursuant to Section 403 of the Communications Act of 1934, as amended,
and Section 1.89 of the Commission's Rules, HTV/HTN/Hawaiian TV
Network, Ltd 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 HTV
or a principal or officer of HTV. 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 HTV, 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 C.F.R. S: 11.11(a).
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