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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the Matter of                  )
                                 )
Rainbow Honolulu                  )  File Number:  EB-03-HL-072
                                 ) 
Licensee of Station WPKK857       )  NAL/Acct. No. 200432860001
Honolulu, Hawaii                  )             FRN  0006081673



              NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                        Released:  February 2, 2004

By the Enforcement Bureau, Honolulu Resident Agent Office:


                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture  ("NAL"), 
we find that  Rainbow Honolulu,  licensee of radio  station WPKK857  in 
Honolulu, Hawaii, has apparently  repeatedly violated Section  1.903(a) 
of the Federal Communications  Commission's ("FCC") Rules by  operating 
on  an  unauthorized  frequency   and  operating  at  an   unauthorized 
location.1   We   conclude,  pursuant   to   Section  503(b)   of   the 
Communications  Act  of  1934,  as  amended  (``Act''),2  that  Rainbow 
Honolulu is  apparently liable  for a  forfeiture in  the amount  eight 
thousand dollars ($8,000).


                         II.  BACKGROUND

     2.   On August  13,  2003,  the  Honolulu  Resident  Agent  Office 
received a  complaint alleging  interference  to licensed  land  mobile 
radio station communications  on 461.200 MHz.   The complainant  stated 
that unidentified foreign language  communications had disrupted  their 
operations since  February 2003.   Agents  from the  Honolulu  Resident 
Agent Office monitored unidentified Vietnamese language  communications 
on 461.200 MHz between August 13, 2003, and August 22, 2003, at various 
times.  On August  18, 2003,  agents from the  Honolulu Resident  Agent 
Office employed  mobile  direction  finding  techniques  to  positively 
determine that  the  source  of the  transmissions  was  a  transmitter 
installed at Iolani  Court Plaza, 2499  Kapiolani Blvd, Honolulu.   The 
agents contacted  Delta  Communications (``Delta''),  a  radio  service 
company, who  confirmed  that  their customer,  Rainbow  Honolulu,  was 
operating on 461.200 MHz, utilizing  a transmitter installed at  Iolani 
Court Plaza.   Delta  further  stated  that  Rainbow  Honolulu  is  the 
licensee of radio station  WPKK857.  On August  22, 2003, the  Honolulu 
Resident agent  again determined  that  Rainbow was  operating  without 
authority on  the  frequency  461.200 MHz  and  from  the  unauthorized 
location at Iolani Court Plaza.


                           III.  DISCUSSION

     3.   Section 503(b)  of  the  Act provides  that  any  person  who 
willfully or repeatedly  fails to comply  substantially with the  terms 
and conditions  of any  license, or  willfully or  repeatedly fails  to 
comply with any of the provisions of the Act or of any rule, regulation 
or order issued  by the Commission  thereunder, shall be  liable for  a 
forfeiture penalty.3  The term "willful" as used in Section 503(b)  has 
been interpreted  to  mean  simply  that  the  acts  or  omissions  are 
committed knowingly.4   The term  "repeated"  means the  commission  or 
omission of such act more than once or for more than one day.5  

     4.   Section 1.903(a)  of  the  Rules  states  ``Stations  in  the 
Wireless Radio Services must  be used and  operated only in  accordance 
with the rules applicable to their  particular service as set forth  in 
this title and  with a  valid authorization granted  by the  Commission 
under the provisions of this part...''  Radio station license  WPKK857, 
issued to Rainbow Honolulu on January 19, 2002, authorizes operation on 
the frequencies 464.650  and 468.650  MHz with  a transmitter  location 
specified as 1600 Ala Moana Blvd., Honolulu.  Rainbow Honolulu does not 
hold any authorization to operate on 461.200 MHz, and is not authorized 
to operate a transmitter at  Iolani Court Plaza, 2499 Kapiolani  Blvd., 
Honolulu.

     5.   Based on  the  evidence  before  us,  we  find  that  Rainbow 
Honolulu repeatedly violated Section 1.903(a) of the Rules by operating 
on an unauthorized frequency and operating at an unauthorized location. 
Pursuant to The Commission's Forfeiture Policy Statement and  Amendment 
of Section 1.80 of the Rules to Incorporate the Forfeiture  Guidelines, 
(``Forfeiture  Policy   Statement'')6,   and  Section   1.80   of   the 
Commission's Rules,7 the  base forfeiture  amount for  operating on  an 
unauthorized frequency is $4,000 and  for operating at an  unauthorized 
location is $4,000.   Accordingly, the  total base  forfeiture in  this 
instance is $8,000.   In assessing the  monetary forfeiture amount,  we 
must also take into account the statutory factors set forth in  Section 
503(b)(2)(D) of  the Act8,  which includes  the nature,  circumstances, 
extent, and  gravity  of the  violation(s),  and with  respect  to  the 
violator, the degree  of culpability,  any history  of prior  offenses, 
ability to  pay,  and  other  such  matters  as  justice  may  require.  
Applying the Forfeiture Policy Statement  and the statutory factors  to 
the instant case, an $8,000 forfeiture is warranted.

                                
                         IV.  ORDERING CLAUSES


     6.   Accordingly, IT IS ORDERED  THAT, pursuant to Section  503(b) 
of the  Communications Act  of 1934,  as amended,  and Sections  0.111, 
0.311 and 1.80 of  the Commission's Rules,  Rainbow Honolulu is  hereby 
NOTIFIED of this APPARENT LIABILITY FOR  A FORFEITURE in the amount  of 
eight thousand dollars ($8,000) for  violations of Section 1.903(a)  of 
the Rules.9
     7.   IT IS FURTHER ORDERED THAT,  pursuant to Section 1.80 of  the 
Commission's Rules,  within thirty  days of  the release  date of  this 
NOTICE OF  APPARENT  LIABILITY, Rainbow  Honolulu  SHALL PAY  the  full 
amount of the  proposed forfeiture  or SHALL FILE  a written  statement 
seeking reduction or cancellation of the proposed forfeiture.

     8.   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  must  include  the  NAL/Acct.  No.  and  FRN 
referenced in the caption.

     9.   The  response,   if   any,   must  be   mailed   to   Federal 
Communications Commission, Office of the Secretary, 445 12th Street SW, 
Washington, D.C. 20554, Attn: Enforcement Bureau - Spectrum Enforcement 
Division and must include the NAL/Acct. No. referenced in the caption. 

     10.  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 submitted.  

     11.  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. 20554.10 

     12.  Under the Small Business Paperwork Relief Act of 2002, Pub L. 
No. 107-198, 116  Stat. 729 (June 28,  2002), the FCC  is engaged in  a 
two-year tracking process  regarding the size  of entities involved  in 
forfeitures.  If you qualify as  a small entity and  if you wish to  be 
treated as a small entity for  tracking purposes, please so certify  to 
us within thirty (30) days of this NAL, either in your response to  the 
NAL or in  a separate  filing to be  sent to  the Spectrum  Enforcement 
Division.  Your certification  should indicate  whether you,  including 
your parent entity and  its subsidiaries, meet  one of the  definitions 
set forth in the  list provided by the  FCC's Office of  Communications 
Business Opportunities (OCBO) set forth in Attachment A of this  Notice 
of Apparent  Liability.  This  information will  be used  for  tracking 
purposes only.  Your response  or failure to  respond to this  question 
will have no  effect on  your rights and  responsibilities pursuant  to 
Section 503(b)  of  the  Communications Act.   If  you  have  questions 
regarding any  of the  information contained  in Attachment  A,  please 
contact OCBO at (202) 418-0990.

     13.   IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT 
LIABILITY shall be sent by Certified  Mail # 7001 0320 0002 9837  2260, 
Return Receipt Requested, to Rainbow Honolulu, 308 Ainakea Way Apt 035, 
Honolulu, Hawaii 96815.


                              FEDERAL COMMUNICATIONS COMMISSION

                         

                              John R. Raymond
                              Resident Agent, Honolulu Office


Enclosure:  Attachment A

_________________________

1 47 C.F.R  1.903(a).

2 47 U.C.S.  503(b).

3 47 U.S.C.  503(b).

4 Section 312(f)(1) of the Act, 47 U.S.C.  312(f)(1), which applies to 
violations for which forfeitures are  assessed under Section 503(b)  of 
the Act, provides that "[t]he term 'willful', when used with  reference 
to the  commission or  omission of  any act,  means the  conscious  and 
deliberate commission  or omission  of such  act, irrespective  of  any 
intent to violate any provision of  this Act or any rule or  regulation 
of the  Commission authorized  by this  Act...."  ...."   See  Southern 
California Broadcasting Co., 6 FCC Rcd 4387 (1991).

5 Section  312(f)(2) of  the Act,  47 U.S.C.   312(f)(2),  which  also 
applies to violations for which forfeitures are assessed under  Section 
503(b) of the Act, provides that "[t]he term 'repeated', when used with 
reference  to  the  commission  or  omission  of  any  act,  means  the 
commission  or omission  of  such  act  more  than  once  or,  if  such 
commission or omission is continuous, for more than one day."

6 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

7 47 C.F.R.  1.80(b)(4).

8 47 U.S.C.  503(b)(2)(D).

9 47 U.S.C.  503(b); 47 C.F.R.  0.111, 0.311, 1.80, 1.903(a). 

10 See 47 C.F.R.  1.1914.