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Federal Communications Commission
Washington, D.C. 20554
CERTIFIED MAIL #7000 0520 0020 1836 6497
RETURN RECEIPT REQUESTED
In the Matter of
Notice of Apparent Liability for File Number EB-01-HL-034
of NAL/Acct. No. 200132860002
Television Station KWBN
Ho'ona'auao Community TV, Inc
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: March 16,
By the Enforcement Bureau, Honolulu Resident Agent Office:
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Ho'ona'auao Community TV, Inc (HCTV) has
apparently willfully violated Section 73.3527(c)(1) of the FCC
Rules and Regulations (``Rules''), 47 C.F.R. Section
73.3527(c)(1) by repeatedly failing to make the KWBN public
inspection file available for inspection during regular business
hours. We conclude that HCTV is apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000).
2. On November 16, 2000, Agents of the FCC's Honolulu
Resident Agent Office inspected television broadcast station
KWBN. The investigation determined that the station public
inspection file was not available to members of the public and
did not contain any issues/programs list, ownership or license
information. Information on the main studio location was not
available to the general public, and the main studio location was
not designated by either a sign on the door, or in the building
directory. An Official Notice of Violation (``NOV'') was issued
to the station licensee, HCTV, on November 20, 2000, citing non-
compliance with FCC Rules, including Section 73.3527(c)(1), 47
C.F.R. Section 73.3527(c)(1). HCTV submitted a response to the
NOV, dated November 29, 2000. The response stated that HCTV had
taken steps to insure compliance, and that the public file was
available for inspection.
3. On March 8, 2001, Agents of the FCC's Honolulu Resident
Agent Office attempted to inspect KWBN. The main studio at 875
Waimanu Street, Suite 632, Honolulu, Hawaii 96813 was locked at
12:07PM HST, and there was no response to repeated knocks on the
door. The Agents again visited the KWBN studio at 1:20PM HST the
same day, and again found the studio locked and unattended. The
Agents slipped a business card under the studio door, requesting
that the station contact them immediately. The Agents were
unable to contact KWBN personnel via the local toll-free number,
which was connected to an answering machine.
4. Honolulu Agents again attempted to inspect KWBN on
March 9, 2001 at 10:55AM HST. They found the main studio locked
and unattended. The Agents left a message on the KWBN answering
machine requesting that the station contact them immediately.
The Agents have not received any response from KWBN.
5. Section 503(b) provides that any person who willfully
or repeatedly fails to comply substantially with the terms and
conditions of any license or fails to comply with any of the
provisions of the Act or of any rule, or regulation issued by the
Commission thereunder, shall be liable for a forfeiture penalty.
The term "willful" as used in Section 503(b) has been interpreted
to mean simply that the acts or omissions are committed
knowingly. It is not pertinent whether or not the licensee's
acts or omissions are intended to violate the law.
6. Section 73.3527(c)(1) of the Rules states that the
local public inspection file of a noncommercial educational
station shall be available for public inspection at any time
during regular business hours. Neither the public nor FCC Agents
are able to access the station public file, as the main studio is
locked and unattended. There is no mechanism for the public to
contact station personnel as the toll free local number is merely
connected to an answering machine. We therefore find that HCTV
has willfully and repeatedly violated Section 73.3527(c)(1) of
9. In determining the amount of forfeiture penalty that
should be assessed for these violations, we are guided by Section
503(b)(2)(D) of the Communications Act. Section 503(b)(2)(D)
states in relevant part:
[T]he Commission . . . shall take into
account the nature, circumstances, extent,
and gravity of the violation and, with
respect to the violator, the degree of
culpability, any history of prior offenses,
ability to pay, and such other matters as
justice may require.
The amount of forfeiture penalty should take into consideration
the severity of the instant violation, in addition to the status
and prior offenses of the violator. The base forfeiture amount
for violation of public file rules is $10,000, in accordance with
The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd
303 (1999). In view of the fact that HCTV was previously issued
an Official Notice of Violation on November 29, 2000 for
violation of Section 73.3527(c)(1) of the Rules, we see no reason
to mitigate the base forfeiture amount.
IV. ORDERING CLAUSES
10. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended1, and
Sections 0.111, 0.311 and 1.80 of the Commission's Rules2, HCTV
is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in
the amount of ten thousand dollars ($10,000) for failure to make
the local public inspection file available during regular
business hours, in violation of Section 73.3527(c)(1) of the
Rules, 47 C.F.R. Section 73.3527(c)(1).
11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80
of the Commission's Rules3, within thirty days of the release
date of this NOTICE OF APPARENT LIABILITY, HCTV SHALL PAY the
full amount of the proposed forfeiture or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
12. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment should note the
NAL/Acct. No. 200132860002.
13. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, DC
20554, Ref: EB-01-HL-034; NAL/Acct. No. 200132860002.
14. The Commission will not consider reducing or canceling
a forfeiture in response to a claim of inability to pay unless
the petitioner submits: (1) federal tax returns for the most
recent three-year period; (2) financial statements prepared
according to generally accepted accounting practices (``GAAP'');
or (3) some other reliable and objective documentation that
accurately reflects the petitioner's current financial status.
Any claim of inability to pay must specifically identify the
basis for the claim by reference to the financial documentation
15. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.4
16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Ho'ona'auao Community TV, Inc, 875 Waimanu St, Suite
632, Honolulu, Hawaii 96813.
FEDERAL COMMUNICATIONS COMMISSION
John R. Raymond
Honolulu Resident Agent
1 47 U.S.C. § 503(b).
2 47 C.F.R. §§ 0.111, 0.311, 1.80.
3 47 C.F.R. § 1.80.
4 See 47 C.F.R. § 1.1914