Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

                              )
In the Matter of                        )         

Pacifica Foundation, Inc.                         )    File   No. 
EB-03-CF-097
WPFW                          )    NAL/Acct. No. 200332340004
Washington, DC                                            )      
FRN 0007-2593-10
                                                            )
                              )
                                                       )


                        FORFEITURE ORDER


Adopted:  July 23, 2004                           Released:  July 
27,  2004

By the Chief, Enforcement Bureau:


     1.   In this Forfeiture Order ("Order") we issue a  monetary 
          forfeiture  in the  amount of   three thousand  dollars 
          ($3,000) to  Pacifica Foundation, Inc.  (``Pacifica''), 
          licensee of FM broadcast station WPFW, Washington,  DC, 
          for  willful   and  repeated   violation  of   Sections 
          11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3)  of 
          the   Commission's  Rules   (``Rules'').1   The   noted 
          violations  involved  Pacifica's  failure  to   conduct 
          required  monthly and  weekly  tests of  the  Emergency 
          Alert System  (``EAS'') and failure  to verify the  log 
          in writing by the chief operator.  

     2.   In a March  26, 2003 Notice  of Apparent Liability  for 
Forfeiture (``NAL''),2 the District Director of the  Commission's 
Columbia, Maryland Office (``Columbia Office'') issued a monetary 
forfeiture in the  amount of $3,000  to Pacifica.  Pacifica  does 
not contest  the  subject  violations.  In  its  April  23,  2003 
response, Pacifica  states  that  it  has  remedied  the  defects 
identified in  the Commission  inspection and  seeks  mitigation.  
However, no mitigation  is warranted on  the basis of  Pacifica's 
correction of  the  violations.   As  the  Commission  stated  in 
Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 (1994),  ``corrective 
action taken to  come into  compliance with  Commission rules  or 
policy is expected, and  does not nullify  or mitigate any  prior 
forfeitures or violations.'' 3 Further,  Pacifica states it is  a 
small business  entity,  in  support  of  its  request  that  the 
forfeiture  be   reduced,   without   providing   any   financial 
documentation.  It  is well  established that  reliance on  small 
business status alone without substantiation of the inability  to 
pay claim is insufficient.4 
  
     3.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the Act5, and  Sections 0.111, 0.311 and 1.80(f)(4)  of 
the Commission's Rules6,  Pacifica  Foundation, Inc.,  IS  LIABLE 
FOR A MONETARY FORFEITURE in the amount of three thousand dollars 
($3,000) for  its  willful  and repeated  violation  of  Sections 
11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the Rules.

     4.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of  the Rules 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.7  
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. 200332340004  and FRN  0007-2593-10.  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. 20554.8

     5.        IT IS FURTHER  ORDERED THAT a  copy of this  Order 
shall be  sent by  first class  mail and  certified mail,  return 
receipt requested, to Pacifica  Foundation, Inc., 1929 Martin  L. 
King Jr. Way, Berkeley, CA 94704, and 2390 Champlain Street,  NW, 
Second Floor, Washington, DC  20009-2620.

                         FEDERAL COMMUNICATIONS COMMISSION
                         


                         David H. Solomon
                         Chief, Enforcement Bureau

_________________________

1                 47 C.F.R.  11.61(a)(1)(i),  11.61(a)(2)(i)(A)  
and 73.1870(c)(3).

2                Notice  of  Apparent Liability  for  Forfeiture, 
NAL/Acct. No. 200332340004 (Enf. Bur., Columbia Office,  released 
March 26, 2003 ).

3                See also Callais  Cablevision, Inc., 17 FCC  Rcd 
22626, 22629 (2002); Radio Station KGVL, Inc., 42 FCC 2d 258, 259 
(1973); and  Executive  Broadcasting Corp.,  3  FCC 2d  699,  700 
(1966).

4                See  Forfeiture  Policy Statement,  12  FCC  Rcd 
17087, 17109   51-52  (1997),  recon. denied,  15 FCC  Rcd  303 
(1999);  see, e.g., Jerry Szoka, 14 FCC Rcd 20147, 20150   9-10 
(1999).  

5 47 U.S.C.  503(b).

6 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

7 47 U.S.C.  504(a).

8 See 47 C.F.R.  1.1914.