Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) Radio Hawaii, Inc. ) Licensee of AM Broadcast Station KWAI ) File No. EB-11-HL-0001 Facility ID# 54613 ) Honolulu, Hawaii ) NOV No. V201132860004 ) NOTICE OF VIOLATION Released: 2/8/11 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,1 to Radio Hawaii, Inc., licensee of AM Broadcast station KWAI in Honolulu, Hawaii. This Notice may be combined with a further action, if further action is warranted.2 2. On January 3, 2011 and February 1, 2011, an agent of the Enforcement Bureau’s Honolulu Office monitored AM Broadcast station KWAI located in Honolulu, Hawaii, and observed the following violation: 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 KWAI did not retransmit the required monthly tests issued by Hawaii State Civil Defense on both January 3, 2011 and February 1, 2011. 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. Pursuant to Section 403 of the Communications Act of 1934, as amended,3 and Section 1.89 of the Commission's Rules, we seek additional information concerning the violation and any remedial actions the station may have taken. Therefore, Radio Hawaii, 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, 147 C.F.R. § 1.89. 247 C.F.R. § 1.89(a). 347 U.S.C. § 403. Federal Communications Commission 2 (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 4. In accordance with Section 1.16 of the Commission’s Rules, we direct Radio Hawaii, 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 Radio Hawaii, Inc., with personal knowledge of the representations provided in Radio Hawaii, Inc.’s 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 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 Office P.O. Box 971030 Waipahu, Hawaii 96797-1030 6. This Notice shall be sent to Radio Hawaii, Inc., at its address of record. 447 C.F.R. § 1.89(c). 5Section 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. 618 U.S.C. § 1001 et seq. See also 47 C.F.R. § 1.17. Federal Communications Commission 3 7. 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 Raymond Resident Agent Honolulu Office Western Region Enforcement Bureau 7 P.L. 93-579, 5 U.S.C. § 552a(e)(3).