Federal Communications Commission Before the Federal Communications Commission Washington, D.C. 20554 In the Matter of ) ) U.S. Television, L.L.C. ) Licensee of UHF Translator Low Power Station ) File No. EB-11-HL-0053 KHHI-LP ) Facility ID# 52919 ) Honolulu, Hawaii ) NOV No. V201132860008 ) NOTICE OF VIOLATION Released: April 25, 2011 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 U.S. Television, L.L.C. (“USTV”), licensee of UHF Low Power Translator KHHI-LP in Honolulu, Hawaii. 2. On April 12, 2011, an agent of the Enforcement Bureau’s Honolulu Office inspected the KHHI-LP transmitting antenna on Palehua Ridge, Hawaii, and observed the following violation: 47 C.F.R. § 74.751(b)(2): “Formal application (FCC Form 346) is required for…any change in the transmitting system, including…height of antenna center of radiation.” The most recent license engineering data for KHHI-LP specifies that the antenna radiation center above ground level (“RCAGL”) is 18 meters. On-scene observations indicate that the top of the transmitting antenna is below 18 meters. 3. Pursuant to Section 308(b) of the Communications Act of 1934, as amended,2 and Section 1.89 of the Commission's Rules, USTV 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 a principal or officer of USTV. 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: 147 C.F.R. § 1.89. 2 47 U.S.C. § 308(b). Federal Communications Commission 2 Federal Communications Commission Honolulu Office P.O. Box 971030 Waipahu, Hawaii 96797-1030 4. This Notice shall be sent to USTV at its address of record. 5. The Privacy Act of 19743 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.4 FEDERAL COMMUNICATIONS COMMISSION John Raymond Resident Agent Honolulu Office Western Region Enforcement Bureau 3 P.L. 93-579, 5 U.S.C. § 552a(e)(3). 4 18 U.S.C. § 1001 et seq.