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Federal Communications Commission
Washington, D.C. 20554
CERTIFIED MAIL #7001 0320 0002 9838 7776
RETURN RECEIPT REQUESTED
Trade Center Management, Inc. ) File Number EB-02-HL-073
Licensee of AM Station KHRA ) NAL/Acct. No.
Honolulu, Hawaii ) FRN 0006351688
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Released: October 31,
By the Enforcement Bureau, Honolulu Resident Agent Office:
1. In this Notice of Apparent Liability for Forfeiture
("NAL"), we find that Trade Center Management, Inc., licensee of
AM broadcast station KHRA in Honolulu, Hawaii, has apparently
willfully and repeatedly violated Section 73.3526(b) of the
Federal Communications Commission (``FCC'') Rules and Regulations
(``Rules''),1 by failing to maintain a public inspection file at
the station main studio. We conclude, pursuant to Section 503(b)
of the Communications Act of 1934, as amended (``Act''),2 that
Trade Center Management, Inc., is apparently liable for a
forfeiture in the amount of ten thousand dollars ($10,000).
2. On August 2, 2002, agents of the FCC Honolulu Resident
Agent Office inspected the KHRA main studio, located at 320 Ward
Ave., Suite 211, Honolulu, Hawaii. There was no public
inspection file available at the time of inspection. At the time
of the inspection, Mr. Ki-Yeoun Kim, who represented himself as
the General Manager of the station, advised that no public
inspection file was maintained at the KHRA main studio.
3. On August 12, 2002, a Notice of Violation was issued to
Trade Center Management Center, Inc., for failure to comply with
Section 73.3526(b) of the Rules. The Notice of Violation
required a response within fourteen days of the release date. No
response has been received to date.
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.3 The term
``repeated'' means the commission or omission of such act more
than once or for more than one day.4
5. Section 73.3526(b) of the Rules requires that the
public inspection file be maintained at the main studio of the
station. Based on the evidence before us, we find that Trade
Center Management, Inc., willfully and repeatedly violated
Section 73.3526(b) of the Rules by failing to maintain the
required public inspection file at the KHRA main studio.
6. 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''),5 the base forfeiture amount for violation of the
public 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(s), 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.6 Applying the
Forfeiture Policy Statement and the statutory factors to the
instant case, a $10,000 forfeiture is warranted.
IV. ORDERING CLAUSES
7. 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 of the Commission's Rules, Trade
Center Management, Inc., is hereby NOTIFIED of an APPARENT
LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars
($10,000) for failure to maintain the KHRA public inspection file
at the main studio, in violation of Section 73.3526(b) of the
8. 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, Trade Center Management, Inc.
SHALL PAY the full amount of the proposed forfeiture or SHALL
FILE a written statement seeking reduction or cancellation of the
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 must include
the FCC Registration Number (FRN) and NAL/Acct. No. referenced in
10. The response, if any, must be mailed to Federal
Communications Commission, Enforcement Bureau, Technical and
Public Safety Division, 445 12th Street, S.W., Washington, DC
20554, and must include the NAL/Acct. No. referenced in the
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. Requests for payment of the full amount of this Notice
of Apparent Liability under an installment plan should be sent
to: Chief, Revenue and Receivables Operations Group, 445 12th
Street, S.W., Washington, D.C. 20554.8
13. 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 Federal Communications
Commission, Enforcement Bureau, Technical and Public Safety
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.
14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt
Requested to Trade Center Management, Inc., 101 Enterprise, Suite
330, Aliso Viejo, CA 92656.
FEDERAL COMMUNICATIONS COMMISSION
John R. Raymond
Honolulu Resident Agent
1 47 C.F.R. 73.3526(b).
2 47 U.S.C. § 503(b).
3 Section 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 (1991).
4 Section 312(f)(2) of the Act, 47 U.S.C. § 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.''
5 12 FCC Rcd 17087 (1997), recon. denied 15 FCC Rcd 303 (1999).
6 47 U.S.C. § 503(b)(2)(D).
7 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 1.80,
8 See 47 C.F.R. § 1.1914