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                  )
                                 )
Rainbow Honolulu,                 )   File No. EB-03-HL-072
Licensee of Station WPKK857,      )   NAL/Acct No. 200432860001
Honolulu, Hawaii                  )   FRN: 0006-0816-73



                MEMORANDUM OPINION AND ORDER

Adopted:  September 2, 2004             Released:  September 
8, 2004
                               
By the Chief, Enforcement Bureau: 

     1.   By this Memorandum  Opinion and Order (``Order''), 
we cancel  the Notice  of Apparent Liability  for Forfeiture 
(``NAL'') released  against Rainbow  Honolulu (``Rainbow''), 
licensee  of Station  WPKK857, Honolulu,  Hawaii.1  The  NAL 
found that  Rainbow repeatedly  operated its  wireless radio 
station on  an unauthorized  frequency from  an unauthorized 
site  in  apparent  violation  of Section  1.903(a)  of  the 
Commission's Rules (``Rules''),2   and proposed a forfeiture 
in the amount of eight thousand dollars ($8,000). 

     2.   In its response to the NAL, Rainbow stated that it 
is ``a very  small business,'' that it does  ``not make much 
money over  expenses,'' and that  it therefore is  unable to 
pay the  proposed forfeiture.3  In support,  Rainbow federal 
and state tax returns for 2000, 2001 and 2002.  

     3.   After      reviewing     Rainbow's      supporting 
documentation, we conclude that cancellation of the proposed 
$8,000  forfeiture  is  warranted  based  on  the  company's 
inability  to  pay.4  While  we  cancel  the forfeiture,  we 
admonish  Rainbow  for  its repeated  violation  of  Section 
1.903(a) of the Rules.

     4.  Accordingly,   IT  IS  ORDERED  that,  pursuant  to 
Section  503(b)  of  the  Communications  Act  of  1934,  as 
amended,  and Sections  0.111, 0.311  and 1.80(f)(4)  of the 
Rules,5  the  proposed  forfeiture  in  the  amount  of  one 
thousand dollars ($8,000.00) for apparent repeated violation 
of Section 1.903(a) of the Rules IS  CANCELLED.  

     5.   IT  IS FURTHER  ORDERED that  Rainbow Honolulu  IS 
ADMONISHED for its repeated violation of Section 1.903(a) of 
the Rules.

     6.    IT IS  FURTHER ORDERED that a copy  of this Order 
shall be sent by shall be  sent by First Class and Certified 
Mail  Return  Receipt  Requested to  Rainbow  Honolulu,  308 
Ainakea Way, Apt. No. 305, Honolulu, Hawaii 96815.  

                              FEDERAL         COMMUNICATIONS 
                              COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau











_________________________

1Rainbow  Honolulu, NAL/Acct.  No. 200432860001  (Enf. Bur., 
Honolulu Office, released February 2, 2004).

247 C. F.R.   1.903(a).  Section 1.903(a)  requires that a 
wireless  radio   station  ``be  used  and   operated''  in 
accordance with the terms and conditions of  its Commission 
authorization and applicable service rules.

3Additionally, Rainbow indicated that failing to file for a 
license modification was  an oversight.  Commission records 
reflect that, after  release of the NAL,  Rainbow filed and 
was  granted   a  license   modification.   See   File  No. 
0001622171.  Corrective measures are  expected, and thus do 
not mitigate or  negate past violations and  do not warrant 
cancellation or reduction of forfeitures. See AT&T Wireless 
Services, Inc., 17 FCC Rcd 7891 (2002), forfeiture ordered, 
17  FCC Rcd  21866, 21875-76  at   26-28 (2002),  Seawest 
Yacht Brokers,  9 FCC Rcd 6099,  6099  7 (1994);  see also 
TCI Cablevision of Maryland, Inc., 7 FCC Rcd 6013, 6014  8 
(1992).  The cancellation of the proposed forfeiture herein 
is based solely upon Rainbow's generated gross revenues.  

4See, e.g., William L. Needham  and Lucille Needham, 19 FCC 
Rcd 8184 (Enf.  Bur. 2004); Thomas A. Brothers,  17 FCC Rcd 
26125 (Enf.  Bur. 2002); Jeffrey  Alan Pettrey, 16  FCC Rcd 
22088 (Enf. Bur. 2001).

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