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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 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: June 23, 2004
By the Resident Agent, Norfolk Office, South Central Region,
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.
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'
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
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
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
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
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
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
Resident Agent, Norfolk
Office, South Central Region
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
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.