**Before the**

## Federal Communications Commission

## Washington, D.C. 20554

Certified Mail #7001 0320 0002 9838 7257

Return Receipt Requested

In the Matter of )

)

New Wave Broadcasting, L.P. ) File No. EB-04-HL-036

Licensee of FM Broadcast Station )

KPOI-FM )

1833 Kalakaua Avenue, Suite 500 ) NOV No. V20043286011

Honolulu, HI 96815 )

)

)

NOTICE OF VIOLATION

Released: July 7, 2004

By the Honolulu Office, Enforcement Bureau:

1.  This is a Notice of Violation (\"Notice\") issued pursuant to
    Section 1.89 of the Commission's Rules,[^1] to New Wave
    Broadcasting, L.P., licensee of FM broadcast station KPOI-FM.

2.  On July 1, 2004, an agent of the Commission's Honolulu Office
    monitored the transmissions of FM broadcast station KPOI-FM on 97.5
    MHz, and observed the following violation:

> 47 C.F.R. § 11.61(a)(1)(v): "Required Monthly Tests of the EAS header
> codes, Attention Signal, Test Script and EOM code\...must be
> retransmitted within 60 minutes of receipt by broadcast stations\...in
> an EAS Local Area or State." KPOI-FM did not retransmit the July
> Required Monthly Test (RMT) complete and in its entirety. On July 1,
> 2004, at approximately 11:18AM HST, KPOI-FM rebroadcast the RMT EAS
> header codes, and then resumed regular programming. The station
> interrupted programming to rebroadcast the RMT test script and once
> again resumed regular programming. KPOI-FM finally rebroadcast the RMT
> EOM code after a further delay.

3.  Pursuant to Section 308(b) of the Communications Act of 1934, as
    amended,[^2] and Section 1.89 of the Commission\'s Rules, New Wave
    Broadcasting, L.P. 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 the licensee. 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, to New Wave Broadcasting, L.P., 1833 Kalakaua Avenue,
    Suite 500, Honolulu, HI 96815.

5.  The Privacy Act of 1974[^3] 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 R. Raymond

Resident Agent

Honolulu Office

[^1]: 47 C.F.R. § 1.89.

[^2]: 47 U.S.C. § 308(b).

[^3]: P.L. 93-579, 5 U.S.C. § 552a(e)(3).

[^4]: 18 U.S.C. § 1001 *et seq.*