FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012 Page: 1,393
vii, 937-1877 p. ; 28 cm.View a full description of this book.
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"occupational/controlled" exposure and areas for "general population/uncontrolled" exposure. Licensees
can demonstrate compliance by restricting public access to areas where RFR exceeds the public MPE
limits.4
3. KAOI-FM. Vockrodt-Moran is an employee of the Arboretum.{ In January 2004, she
contacted the Commission's Honolulu Office because of concerns that the KAOI-FM tower site, located
on property adjacent to the Arboretum, could expose Arboretum employees, guests and other persons in
the area to harmful radiation.6 She noted that there was no fencing around the tower, nor were there any
warning signs, and that the antenna was mounted at a very low height, which could present additional
radiation hazards.7
4. Agents from the Commission's Honolulu Office inspected the KAOI-FM site on January
26, 2004, and found that the antenna height of radiation center above ground level was eleven meters
shorter than its authorized height of 25 meters, in violation of Section 73.1690(c)( 1) of the Rules.8 The
Honolulu Office issued a Notice of Violation to Visionary on February 26, 2004, affording it 20 days to
respond. 9 The Notice of Violation did not address Vockrodt-Moran's concerns regarding fencing or
signage. On April 19, 2004, Visionary responded, explaining that the improper height of the antenna may
have been caused by clerical errors and stating that it would take corrective action.10
5. On July 16, 2004, Visionary filed an application to modify the antenna height and to
operate KAOI-FM at reduced power." On October 20, 2004, Objectors collectively filed an Informal
Objection, charging that Visionary had misrepresented certain facts about the KAOI-FM site in the
modification application.,2 On the same day, Objectors filed a complaint against Visionary with the
Commission, requesting that the Commission order Visionary to cease operations at the KAOI-FM site.13
Acting on the complaint, Honolulu Office agents again visited the KAOI-FM site on November 17,
2004.14 During the inspection, the agents observed no restrictive fencing around the tower and no RFR
4See, e.g., OET Bulletin 65.
SComplaint of D.T. Fleming Arboretum and Martha Vockrodt-Moran at 1 ("Complaint").
6 Complaint at 1.
Id. at 1-2.
8 See Notice of Violation, File No. EB-03-HL-090 ("KAOI NOV"), citing 47 C.F.R 73.1690 (providing that
licensee may not change the height of an antenna more than 2 meters above or 4 meters below authorized values
without prior authorization from the Commission).
9KAOI NOV at 1-2.
10 Visionary Response to Notice of Violation at 1.
" File No. BPH-20040716ABZ. This application was subsequently dismissed on July 29, 2008, at Visionary's
request.
: See Informal Objection of D.T. Fleming Arboretum and Martha Vockrodt-Moran. This objection was dismissed
when the modification application was dismissed. See n. 1 I.
" See Complaint of D.T. Fleming Arboretum and Martha Vockrodt-Moran, filed on October 20, 2004.
14 See Visionary Related Entertainment. L.L.C, Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
2005329860001 (EB, Western Region, Honolulu Resident Agent Office, released February 4, 2005) ("KAOI-FM
NAL").1393
Federal Communications Commission
DA 12-167
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 2, Pages 937 to 1877, February 6 - February 17, 2012, book, February 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc94251/m1/471/: accessed April 26, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.