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

CERTIFIED MAIL #7000 0520 0020 1836 6497

                In the Matter of                                                     
Notice of Apparent Liability for     File Number EB-01-HL-034
                 Forfeiture    )
            of                                              NAL/Acct. No. 200132860002
         Television Station KWBN                                 
   Ho'ona'auao Community TV, Inc                   
                      )        )
                Honolulu, Hawaii                                               


                                             Released: March  16, 

By the Enforcement Bureau, Honolulu Resident Agent Office:

                        I.  INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture 
("NAL"), we find that Ho'ona'auao Community TV, Inc (HCTV) has 
apparently willfully violated Section 73.3527(c)(1) of the FCC 
Rules and Regulations (``Rules''), 47 C.F.R. Section 
73.3527(c)(1) by repeatedly failing to make the KWBN public 
inspection file available for inspection during regular business 
hours.  We conclude that HCTV is apparently liable for a 
forfeiture in the amount of ten thousand dollars ($10,000).

                         II.  BACKGROUND

     2.   On November 16, 2000, Agents of the FCC's Honolulu 
Resident Agent Office inspected television broadcast station 
KWBN.  The investigation determined that the station public 
inspection file was not available to members of the public and 
did not contain any issues/programs list, ownership or license 
information.  Information on the main studio location was not 
available to the general public, and the main studio location was 
not designated by either a sign on the door, or in the building 
directory.  An Official Notice of Violation (``NOV'') was issued 
to the station licensee, HCTV, on November 20, 2000, citing non-
compliance with FCC Rules, including Section 73.3527(c)(1), 47 
C.F.R. Section 73.3527(c)(1).  HCTV submitted a response to the 
NOV, dated November 29, 2000.  The response stated that HCTV had 
taken steps to insure compliance, and that the public file was 
available for inspection.

     3.   On March 8, 2001, Agents of the FCC's Honolulu Resident 
Agent Office attempted to inspect KWBN.  The main studio at 875 
Waimanu Street, Suite 632, Honolulu, Hawaii 96813 was locked at 
12:07PM HST, and there was no response to repeated knocks on the 
door.  The Agents again visited the KWBN studio at 1:20PM HST the 
same day, and again found the studio locked and unattended.  The 
Agents slipped a business card under the studio door, requesting 
that the station contact them immediately.  The Agents were 
unable to contact KWBN personnel via the local toll-free number, 
which was connected to an answering machine.

     4.   Honolulu Agents again attempted to inspect KWBN on 
March 9, 2001 at 10:55AM HST.  They found the main studio locked 
and unattended.  The Agents left a message on the KWBN answering 
machine requesting that the station contact them immediately.  
The Agents have not received any response from KWBN.

                        III.  DISCUSSION

     5.   Section 503(b) provides that any person who willfully 
or repeatedly fails to comply substantially with the terms and 
conditions of any license or fails to comply with any of the 
provisions of the Act or of any rule, or regulation 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.  It is not pertinent whether or not the licensee's 
acts or omissions are intended to violate the law.

     6.   Section 73.3527(c)(1) of the Rules states that the 
local public inspection file of a noncommercial educational 
station shall be available for public inspection at any time 
during regular business hours.  Neither the public nor FCC Agents 
are able to access the station public file, as the main studio is 
locked and unattended. There is no mechanism for the public to 
contact station personnel as the toll free local number is merely 
connected to an answering machine.  We therefore find that HCTV 
has willfully and repeatedly violated Section 73.3527(c)(1) of 
the Rules. 

     9.   In determining the amount of forfeiture penalty that 
should be assessed for these violations, we are guided by Section 
503(b)(2)(D) of the Communications Act.  Section 503(b)(2)(D) 
states in relevant part: 

          [T]he Commission . . . shall take into 
          account the nature, circumstances, extent, 
          and gravity of the violation and, with 
          respect to the violator, the degree of 
          culpability, any history of prior offenses, 
          ability to pay, and such other matters as 
          justice may require.

The amount of forfeiture penalty should take into consideration 
the severity of the instant violation, in addition to the status 
and prior offenses of the violator.  The base forfeiture amount 
for violation of public file rules is $10,000, in accordance with 
The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Rules to Incorporate the Forfeiture 
Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 
303 (1999).  In view of the fact that HCTV was previously issued 
an Official Notice of Violation on November 29, 2000 for 
violation of Section 73.3527(c)(1) of the Rules, we see no reason 
to mitigate the base forfeiture amount. 

                       IV.  ORDERING CLAUSES

     10.   Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Communications Act of 1934, as amended1, and 
Sections 0.111, 0.311 and 1.80 of the Commission's Rules2, HCTV 
the amount of ten thousand dollars ($10,000) for failure to make 
the local public inspection file available during regular 
business hours, in violation of Section 73.3527(c)(1) of the 
Rules, 47 C.F.R. Section 73.3527(c)(1).
     11.   IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 
of the Commission's Rules3, within thirty days of the release 
full amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 

     12.   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 should note the 
NAL/Acct. No. 200132860002.

     13.  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, Ref: EB-01-HL-034; NAL/Acct. No. 200132860002.  

     14.   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 

     15. 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. 20554.4 

     16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Ho'ona'auao Community TV, Inc, 875 Waimanu St, Suite 
632, Honolulu, Hawaii 96813.

                              FEDERAL COMMUNICATIONS COMMISSION

                              John R. Raymond
                              Honolulu Resident Agent

1 47 U.S.C.  503(b).

2 47 C.F.R.  0.111, 0.311, 1.80.

3 47 C.F.R.  1.80.

4 See 47 C.F.R.  1.1914