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

In the Matter of                        )         
                              )         
Ho'ona'auao Community Television, Inc.       )    File  No.:  EB-
02-HL-074
                              )    NAL/Acct. No. 200232860003
Licensee of Station KWBN-TV             )    FRN 0004-0750-57
Honolulu, Hawaii                             )


                  MEMORANDUM OPINION AND ORDER

Adopted:  September 3, 2003                            Released:  
September 5, 2003

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this Memorandum  Opinion and  Order (``Order''),  we 
grant,  to   the  extent   indicated  below,    a  petition   for 
reconsideration filed on May  30, 2003, by Ho'ona'auao  Community 
Television, Inc. (``Ho'ona'auao''), licensee of Station  KWBN-TV, 
Honolulu,  Hawaii  of   a  Forfeiture  Order1   issued  in   this 
proceeding.  The Forfeiture Order issued a $4,000 forfeiture  for 
Station KWBN-TV's  failure  to  retransmit  the  Emergency  Alert 
System  Required  Monthly  Test  (``EAS  RMT'')  in  willful  and 
repeated violation of Section 11.61(a)(1)(v) of the  Commission's 
Rules (``Rules'').2  For the  reasons discussed below, we  reduce 
the monetary forfeiture to $2,000.

                        II.   BACKGROUND

     2.          On July 1, 2002, an agent from the FCC Honolulu, 
Hawaii Resident  Agent  Office  (``Honolulu  Office'')  monitored 
television broadcast Station  KWBN, Channel 44,  from 11:15  a.m. 
HST until  1:15  p.m. HST.   During  this period,  KWBN  did  not 
retransmit the EAS RMT initiated by Hawaii State Civil Defense at 
approximately 11:15 a.m. HST.

     3.   On August 1,  2002, an agent  from the Honolulu  Office 
monitored television  broadcast Station  KWBN, Channel  44,  from 
11:10 a.m. HST until  12:37 p.m. HST.   During this period,  KWBN 
did not  transmit the  EAS RMT  initiated by  Hawaii State  Civil 
Defense at approximately 11:15 a.m. HST.

     4.   On August  2, 2002,  agents  from the  Honolulu  Office 
inspected the EAS equipment installed  at the KWBN studio at  875 
Waimanu Street, #632, Honolulu,  Hawaii 96813.  The EAS  receipts 
generated by the EAS Encoder/Decoder show that the EAS RMTs  were 
not retransmitted on either July 1,  2002 or August 1, 2002.   No 
log entries existed  in any  station log explaining  why no  RMTs 
were retransmitted in July or August, 2002.

     5.   On September 3, 2002, an agent from the Honolulu Office 
monitored television broadcast Station KWBN-TV, Channel 44,  from 
11:10 a.m. HST until  12:30 p.m. HST.   During this period,  KWBN 
did not retransmit the  EAS RMT initiated  by Hawaii State  Civil 
Defense at approximately 11:15 a.m. HST.

     6.   As a result of the agents' investigation, on  September 
27, 2002,  the  Honolulu  Office  issued  a  Notice  of  Apparent 
Liability for Forfeiture  (``NAL'') in  the amount  of $4,000  to 
Ho'ona'auao3   for  willful  and repeated  violation  of  Section 
11.61(a)(1)(v) of the Rules.  Ho'ona'auao did not file a response 
to the NAL.  On February 4, 2002, the Bureau issued a  Forfeiture 
Order affirming the forfeiture  proposed by the NAL.  Ho'ona'auao 
filed a petition for reconsideration  of the Forfeiture Order  on 
February 7, 2003. 

     7.   In its petition  for reconsideration, Ho'ona'auao  does 
       not  deny  the  violation  but  requests  cancellation  or 
       reduction  of the  forfeiture based  on its  inability  to 
       pay.   

                        III.  DISCUSSION

     8.   Section  11.61(a)(1)(v)  of   the  Rules   specifically 
requires that monthly tests be retransmitted within 60 minutes by 
broadcast stations in an EAS  Local Area or State.  We  conclude, 
on  the  basis  of  the  evidence  before  us,  that  Ho'ona'auoa 
willfully and repeatedly violated Section 11.61(a)(1)(v).

     9.   We have reviewed the financial information provided  by 
Ho'ona'auao to support its claim of inability to pay and conclude 
that a reduction of the forfeiture is warranted.  Accordingly, we 
will reduce the forfeiture amount to $2,000.4     Notwithstanding 
the reduction, we emphasize that strict compliance with our rules 
relating to EAS is important  to public safety.  Accordingly,  we 
expect full  compliance in  this  important public  safety  area.  
Future violations  may result  in even  more serious  enforcement 
action. 

                     IV.   ORDERING CLAUSES

     10.       ACCORDINGLY,  IT  IS  ORDERED  THAT,  pursuant  to 
Section 405  of  the  Communications  Act  of  1934,  as  amended 
(``Act''),5  and  Sections  1.106  of  the  Rules,6   Ho'ona'auao 
Community Television, Inc.'s petition for reconsideration of  the 
February 4, 2003, Forfeiture Order IS GRANTED to the extent  that 
the $4,000 monetary forfeiture IS REDUCED to $2,000.

     11.  Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Rules7 within 30 days of  the 
release of this Order.  If the forfeiture is not paid within  the 
period specified, the case may  be referred to the Department  of 
Justice for collection  pursuant to Section  504(a) of the  Act.8  
Payment shall be made by  mailing a check or similar  instrument, 
payable  to   the   order   of   the   ``Federal   Communications 
Commission,'' to the Federal Communications Commission, P.O.  Box 
73482, Chicago,  Illinois 60673-7482.   The payment  should  note 
NAL/Acct. No. 200232860003  and FRN  0004-0750-57.  Requests  for 
full payment under an installment plan should be sent to:  Chief, 
Revenue and Receivables Operations Group, 445 12th Street,  S.W., 
Washington, D.C. 20554.9

     12.       IT IS FURTHER  ORDERED THAT a  copy of this  Order 
shall be  sent by  first class  mail and  certified mail,  return 
receipt requested, to Ho'ona'auao Community Television, Inc., 875 
Waimanu Street,  Suite  632,  Honolulu,  Hawaii  96813,  and  its 
counsel Robert L.  Olender, Esq., Koerner,  Olender, P.C. ,  5809 
Nicholson Lane, Suite 124, North Bethesda, MD 20852.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

     1 18 FCC Rcd 1486 (Enf. Bur. 2003).

     2 47 C.F.R.  11.61(a)(1)(v).

     3 Notice of Apparent Liability for Forfeiture,  NAL/Acct.No. 
     200232860003 (Enf. Bur., Honolulu Office, released September 
     27, 2002).

     4 We note that Ho'ona'auao states that since being  notified 
     of  the  violation  it  has  operated  Station  KWBN-TV   in 
     compliance  with  Section   11.61(a)(1)(v)  of  the   Rules.  
     However, we give no credit  for this remedial action,  since 
     it is  well  established  that  remedial  actions  taken  to 
     correct a violation  are not  mitigating factors  justifying 
     reduction  of  a  forfeiture.     See  e.g.  AT&T   Wireless 
     Services, Inc.,  17 FCC  Rcd  21866, 21871  (2002);  Seawest 
     Yacht Brokers, 9 FCC Rcd 6099 (1994); Station KGVL, Inc.  42 
     FCC 2d 258, 259 (1973). 

     5 47 U.S.C.  405 

     6 47 C.F.R  1.106.

     7 47 C.F.R.  1.80.

     8 47 U.S.C.  504(a).

     9 See 47 C.F.R.  1.1914.