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


In the Matter of                  )
                                 )
The  Paradise  Network (TPN)  of  )   File Number EB-04-NF-051
North Carolina,Inc.               )   NAL/Acct. No. 200432640003
Licensee of WHNC & WCBQ           )   FRN: 9332149
Henderson   and   Oxford,  North  )
Carolina



         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                    Released:  June 23, 2004

By the Resident Agent, Norfolk Office, South Central Region, 
Enforcement Bureau:

I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find The Paradise Network of North 
Carolina, Inc. (``TPN''), licensee of AM radio stations 
WHNC, Henderson, North Carolina and WCBQ, Oxford, North 
Carolina, apparently liable for a forfeiture in the amount 
of eighteen thousand dollars ($18,000) for willful and 
repeated violation of Sections 11.35 and 73.3526(c)(1) of 
the Commission's Rules (``Rules'').1  Specifically, we find 
TPN apparently liable for failure to install and maintain 
EAS equipment and for failure to make available for 
inspection the complete public inspection file.

II.   BACKGROUND 

     2.   On April 19, 2004, an agent of the Enforcement 
Bureau's Norfolk Office (``Norfolk Office'') conducted an 
inspection of the co-located main studios of WHNC and WCBQ 
in Oxford, North Carolina.  During the inspection, both 
stations were in operation and there was no functioning EAS 
equipment and no public inspection file for either broadcast 
station at the main studio.  The stations' owner stated that 
the EAS equipment had been removed for repairs ``...about 
six months ago,'' and that the stations could not afford to 
repair the equipment.  Also, the stations' owner stated that 
the documents that should have been in the public inspection 
files were actually located at the office of the stations' 
legal counsel.

III.        DISCUSSION

     3.   Section 11.35(a) of the Rules2 states that 
broadcast stations are responsible for ensuring that EAS 
equipment is installed so that the monitoring ... functions 
are available during the times the stations are in 
operation.  During an inspection on April 19, 2004, there 
was no EAS equipment maintained at the co-located main 
studios of WHNC and WCBQ and, according to the stations' 
owner, the equipment had not been maintained for about six 
months.

     4.   Section 73.3526(a)(2) of the Rules3 requires that 
every permittee or licensee of an AM, FM, or  TV station in 
the commercial broadcast services maintain a public 
inspection file containing the material, relating to that 
station, described in paragraphs (e)(1) through (e)(10) and 
paragraph (e)(13) of this section.  Additionally, every 
permittee or licensee of an AM, or FM station shall maintain 
for public inspection a file containing the material, 
relating to that station, described in paragraphs (e)(12) 
and (e)(14) of this section.  Section 73.3526(b) of the 
Rules4 requires the public inspection file be maintained at 
the station's main studio.  Section 73.3526(c)(1) of the 
Rules5 requires the file be available for public inspection 
at any time during regular business hours.  On April 19, 
2004, TPN failed to make available for inspection the 
complete public inspection files for co-located stations 
WHNC and WCBQ.

     5.   Based on the evidence before us, we find TPN 
willfully6 and repeatedly7 violated Sections 11.35 and 
73.3526(c)(1) of the Rules by failing to maintain required 
EAS equipment and by failing to make available for 
inspection the complete public inspection file(s), at WHNC 
and WCBQ. 

     6.   Pursuant to 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) (``Forfeiture 
Policy Statement'') and Section 1.80(b)(4) of the Rules,8 
the base forfeiture amount for failure to install EAS 
equipment is $8,000 and the amount for violation of the 
public inspection file rules is $10,000.  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 Act, which include 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 other such matters as justice 
may require.9  Considering the entire record and applying 
the factors listed above, this case warrants an $18,000 
forfeiture. 

IV.   ORDERING CLAUSES

     7.   Accordingly, IT IS ORDERED that, pursuant to 
Section 503(b) of the Act,10 and Sections 0.111, 0.311 and 
1.80 of the Rules,11 The Paradise Network is hereby NOTIFIED 
of this APPARENT LIABILITY FOR A FORFEITURE in the amount of 
eighteen thousand dollars ($18,000) for willful and repeated 
violation of Sections 11.35 and 73.3526(c)(1) of the Rules 
by failing to install and maintain required EAS equipment 
and by failing to have available for inspection the complete 
public inspection file(s), at WHNC and WCBQ.

     8.   IT IS FURTHER ORDERED that, pursuant to Section 
1.80 of the Rules, within thirty days of the release date of 
this NAL, The Paradise Network SHALL PAY the full amount of 
the proposed forfeiture or SHALL FILE a written statement 
seeking reduction or cancellation of the proposed 
forfeiture.

     9.   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. and FRN referenced 
above.  Requests for payment of the full amount of this NAL 
under an installment plan should be sent to: Chief, Revenue 
and Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.12

     10.  The response, if any, must be mailed to Federal 
Communications Commission, Norfolk Office, 1457 Mt. Pleasant 
Road, Suite #113, Chesapeake, Virginia 23322 within thirty 
days of the release date of this NAL and MUST INCLUDE THE 
NAL/Acct. No. referenced above.

     11.  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.  

     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 NAL 
shall be sent by regular mail and Certified Mail Return 
Receipt Requested to The Paradise Network of North Carolina, 
Inc., 9300 Georgia Ave, Silver Springs, Maryland  20910. An 
additional copy shall be sent by regular mail and Certified 
Mail Return Receipt Requested to The Paradise Network of 
North Carolina, Inc., 601 Henderson St., Oxford, North 
Carolina 27565.

                              FEDERAL COMMUNICATIONS 
                              COMMISSION



                              Luther Bolden
                              Resident     Agent,    Norfolk 
Office, South Central Region
                              Enforcement Bureau

     Attachment
                    The Paradise Network (TPN) of North Carolina, Inc.,
     9300 Georgia Ave, 
     Silver Springs, Maryland  20910. 

     The Paradise Network (TPN) of North Carolina, Inc.
     601 Henderson St.
     Oxford, North Carolina 27565.

_________________________

147 C.F.R.  11.35 and 73.3526(c)(1).

247 C.F.R.  11.35(a).

347 C.F.R.  73.3526(a)(2).

447 C.F.R.  73.3526(b).

547 C.F.R.  73.3526(c)(1).

6Section 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 . . . .''  See 
Southern  California Broadcasting  Co., 6  FCC Rcd  4387-88 
(1991).

7The  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.''  47 U.S.C.  312(f)(2).

847 C.F.R.  1.80(b)(4).

947 U.S.C.  503(b)(2)(D).

1047 U.S.C.  503(b).

1147 C.F.R.  0.111, 0.311 and 1.80.

     12See 47 C.F.R.  1.1914.