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Federal Communications Commission
Washington, D.C. 20554
In the Matter of
The Paradise Network of North
Carolina, Inc. ) EB-05-NF-096
Licensee of Station WHNC ) NAL/Acct. No. 200732640002
Henderson, North Carolina 27564-3450 ) FRN 0009332149
Facility ID # 56373 )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: January 25, 2007
By the Resident Agent, Norfolk Office, South Central Region, Enforcement
1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that The Paradise Network of North Carolina, Inc. ("TPN"), licensee of
AM broadcast station WHNC and owner of antenna structure number
1017054, in Henderson, North Carolina, apparently willfully and
repeatedly violated Sections 17.57 and 73.1745(a) of the Commission's
Rules ("Rules") by failing to notify the Commission upon changes in
antenna structure ownership information and by operating at times
other than those specified and made a part of its license. We
conclude, pursuant to Section 503(b) of the Communications Act of
1934, as amended ("Act"), that TPN is apparently liable for a
forfeiture in the amount of seven thousand dollars ($7,000).
2. In response to a complaint that, among other things, TPN was not
reducing its transmitting power during nighttime hours, on November
16, 17, and 18, 2005, an agent of the Commission's Norfolk Office of
the Enforcement Bureau ("Norfolk Office") made on-scene signal
strength measurements of WHNC'S transmissions in Henderson, North
Carolina. The measurements did not change before sunrise or after
sunset; in other words, TPN failed to reduce transmitter output power
before sunrise and after sunset. Using the measured signal strengths,
the agent calculated that TPN operated with over 900 watts of power
after sunset on November 16 and 17, 2005 and before sunrise on
November 17 and 18, 2005.
3. In addition, in a response dated March 3, 2006 to a Letter of Inquiry,
TPN admitted that it owned antenna structure 1017054 and that it would
submit promptly a FCC Form 854 to transfer the name of the owner of
the antenna structure to TPN. As of January 24, 2007, the FCC Antenna
Structure Registration ("ASR") Database lists Henderson Broadcasting,
Inc. as the registered owner of the structure.
4. 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. The term "willful" as used in Section 503(b) has been
interpreted to mean simply that the acts or omissions are committed
knowingly. The term "repeated" means the commission or omission of
such act more than once or for more than one day.
5. Section 17.57 of the Rules requires the owner of an antenna structure,
for which an Antenna Structure Registration Number has been obtained,
to "immediately notify the Commission using FCC Form 854 upon ... any
change in ownership information." On March 3, 2006, TPN admitted that
it owned antenna structure 1017054 and that it had failed to notify
the Commission of the change in ownership. TPN stated at that time
that it would submit the Form 854 within the week. As of January 24,
2007, the ASR Database still lists the previous owner (Henderson
Broadcasting, Inc.) as the registered owner of the antenna structure.
Based on the evidence before us, we find that TPN apparently willfully
and repeatedly violated Section 17.57 of the Rules by failing to
notify the Commission upon a change of antenna structure ownership.
6. Section 73.1745(a) of the Rules states that no broadcast station shall
operate at times or with modes or power, other than those specified
and made a part of the license, unless otherwise provided in this
part. TPN is licensed to operate a daytime only AM broadcast station.
Its license authorizes a daytime power of 1000 watts. On November 16
and 17, 2005, an agent from the Norfolk Office observed station WHNC
broadcast on the air after sunset. On November 17 and 18, 2005, an
agent from the Norfolk Office observed station WHNC broadcast on the
air before sunrise. There are no Commission records that authorize TPN
to provide presunrise or post sunset service. Based on the information
before us, we find that TPN willfully and repeatedly violated Section
73.1745(a) of the Rules by operating at times inconsistent with the
terms of its station authorization.
7. 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"), and Section 1.80 of the Rules, the
base forfeiture amount for failing to file required forms or
information is $3,000 and for operating at times or with modes or
powers other than those specified and made part of the license is
$4000. 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 violations, and with respect to the violator, the
degree of culpability, and history of prior offenses, ability to pay,
and other such matters as justice may require. Applying the Forfeiture
Policy Statement, Section 1.80 of the Rules, and the statutory factors
to the instant case, we conclude that TPN is apparently liable for a
seven thousand dollar ($7,000) forfeiture.
IV. ORDERING CLAUSES
8. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Sections 0.111, 0.311,
0.314 and 1.80 of the Commission's Rules, The Paradise Network of
North Carolina, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR
A FORFEITURE in the amount of seven thousand dollars ($7,000) for
violations of Sections 17.57 and 73.1745(a) of the Rules.
9. 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 for Forfeiture, The Paradise Network of
North Carolina, Inc. SHALL PAY the full amount of the proposed
forfeiture or SHALL FILE a written statement seeking reduction or
cancellation of the proposed forfeiture.
10. Payment of the forfeiture must be made by check or similar instrument,
payable to the order of the Federal Communications Commission. The
payment must include the NAL/Acct. No. and FRN No. referenced above.
Payment by check or money order may be mailed to Federal
Communications Commission, P.O. Box 358340, Pittsburgh, PA
15251-8340. Payment by overnight mail may be sent to Mellon
Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
15251. Payment by wire transfer may be made to ABA Number 043000261,
receiving bank Mellon Bank, and account number 911-6106.
11. The response, if any, must be mailed to Federal Communications
Commission, Enforcement Bureau, South Central Region, Norfolk Office,
1457 Mount Pleasant Rd., Suite #113, Chesapeake, VA 23322 and must
include the NAL/Acct. No. referenced in the caption.
12. 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.
13. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Associate Managing Director, Financial Operations, 445 12th Street,
S.W., Room 1A625, Washington, D.C. 20554.
14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
for Forfeiture shall be sent by Certified Mail, Return Receipt
Requested, and regular mail, to The Paradise Network of North
Carolina, Inc. at its address of record.
FEDERAL COMMUNICATIONS COMMISSION
South Central Region
47 C.F.R. SS 17.57, 73.1745(a).
47 U.S.C. S 503(b).
Section 312(f)(1) of the Act, 47 U.S.C. S 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).
Section 312(f) (2) of the Act, 47 U.S.C. S 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."
We note that even if TPN had a presunrise service or post sunset service
authorization, Section 73.99 of the Rules limits such service to 500 watts
or the authorized daytime power, whichever is less. On the dates in
question, based on the signal's measured strength, the agent determined
that TPN was operating with more than 900 watts before sunrise and after
sunset. 47 C.F.R. S 73.99(a).
12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
47 U.S.C. S 503(b) (2) (D).
47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 17.57,
See 47 C.F.R. S 1.1914.
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Federal Communications Commission
Federal Communications Commission