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


In the Matter of              )                                  
                              )                                  
O'Hana Radio Partners         )        File Number:  EB-03-HL-057
                              )                                  
Licensee of FM Broadcast      )        NAL/Acct. No. 200432860003
Station KAWV                  )                   FRN  0004059309
Lihue, Hawaii                                                    

                                                                 

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

                                              Released:  February
                                                March  22, 2004

By  the  Enforcement  Bureau,  Honolulu  Resident  Agent  Office,
Enforcement Bureau:


                        I.  INTRODUCTION

      
      1.   In this Notice of Apparent Liability for Forfeiture ("NAL"),
 we  find  that O'Hana Radio Partners ("O'Hana Radio  Partners"),
 licensee  of  station KAWV(FM) in Lihue, Hawaii, has  apparently
 willfully  and  repeatedly  violated Sections  11.35(a)  of  the
 Federal Communications Commission's ("FCC") Rules by failing  to
 have  an  operational Emergency Alert System  ("EAS")  equipment
 installed  and operational.1  We conclude, pursuant  to  Section
 503(b)  of  the Communications Act of 1934, as amended ("Act"),2
 that O'Hana Radio Partners is apparently liable for a forfeiture
 in the amount of eight thousand dollars ($8,000).


                        II.  BACKGROUND

      2.   On July 1, 2003, agents from the Honolulu Resident Agent
 Office monitored KAWV, 98.1 MHz, from 11:10 a.m. until 12:35 p.m.
 HST.   The EAS Required Monthly Test, issued by the Hawaii State
 Civil   Defense  at  approximately  11:13  a.m.  HST,  was   not
 retransmitted  by  KAWV during this period.  On  July  1,  2003,
 agents from the Honolulu Resident Agent Office inspected the KAWV
 main  studio,  located in the Puhi Industrial Park  at  Leleiona
 Road, Lihue, Hawaii.   The rack mounted EAS equipment hadwas not
 been   installed  such  that  the  monitoring  and  transmitting
 functions  of the equipment were available during the times  the
 station was in operation.and was completely inoperative  at  the
 time of inspection.  The station manager advised the agents that
 EAS  equipment  had  never been completely installed  since  the
 station  began operation in August of 2002 and the  station  was
 still awaiting correct parts to complete the EAS installation.

                         III. DISCUSSION

      3.   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.3  The term "willful" as
 used  in Section 503(b) has been interpreted to mean simply that
 the  acts  or  omissions  are committed  knowingly.4   The  term
 "repeated" means the commission or omission of such act more than
 once or for more than one day.5

      4.   The Rules provide that every AM and FM broadcast station is
 part  of  the  nationwide EAS network and is  categorized  as  a
 participating   national   EAS   source   unless   the   station
 affirmatively requests authority to not participate.6   The  EAS
 provides the President and state and local governments with  the
 capability to provide immediate and emergency communications and
 information to the general public.7  State and local area  plans
 identify  local  primary  sources responsible  for  coordinating
 carriage of common emergency messages from sources such  as  the
 National Weather Service or local emergency management officials.8

      5.    Section 11.35(a) of the Rules requires all  broadcast
 stations to ensure that EAS encoders, EAS decoders and attention
 signal generating and receiving equipment used as part of the EAS
 are  installed  and  operational  so  that  the  monitoring  and
 transmitting functions are available during the times the station
 is  in operation.  An uninstalled and incomplete EAS system  was
 observed  during  the July 1, 2003, inspection of  O'Hana  Radio
 Partners' station KAWV.  No station records existed to  indicate
 the EAS system was ever functional at any time since station KAWV
 began operation in August of 2002.

      6.    Based on the evidence before us, we find O'Hana Radio
 Partners  willfully and repeatedly violated Section 11.35(a)  of
 the  Rules  by  failing  to  have EAS  equipment  installed  and
 operational from August 2002, until July 1, 2003.

      1.
      The   base   forfeiture  amount  set  by  The  Commission's
 Forfeiture  Policy Statement and Amendment of  Section  1.80  of
 the    Rules   to   Incorporate   the   Forfeiture   Guidelines,
 ("Forfeiture Policy Statement"),9 and Section 1.80(b)(4) of  the
 Rules,10  for  EAS  equipment not installed  or  operational  is
 $8,000.   Accordingly, the total base forfeiture for failing  to
 have operational EAS equipment for station KAWV is $8,000.

      7.   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,11  which  includes   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.  Applying the Forfeiture Policy  Statement
 and  the  statutory  factors  to the  instant  case,  an  $8,000
 forfeiture is warranted.12


                      IV.  ORDERING CLAUSES

      
      8.   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, O'Hana  Radio
 Partners,  is  hereby NOTIFIED of its APPARENT LIABILITY  FOR  A
 FORFEITURE in the amount of eight thousand dollars ($8,000)  for
 violations of Sections 11.35(a) of the Rules.13

      9.   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, O'Hana Radio Partners  SHALL
 PAY  the full amount of the proposed forfeiture or SHALL FILE  a
 written  statement  seeking reduction  or  cancellation  of  the
 proposed forfeiture.

      10.  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. and FRN referenced above.

      11.   The  response,  if  any, must be  mailed  to  Federal
 Communications   Commission,   Enforcement   Bureau,    Spectrum
 Enforcement  Division, 445 12th Street, S.W.,  Washington,  D.C.
 20402554 and MUST INCLUDE THE NAL/Acct. No. referenced above.

      12.                                                     The
      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
 submitted.
     
      13.  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. 20554.14

      14.  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 Spectrum Enforcement 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.

      15.    IT IS FURTHER ORDERED THAT a copy of this NOTICE  OF
 APPARENT  LIABILITY shall be sent by Certified Mail # XXXX  XXXX
 XXXX  XXXX  XXXX,  Return Receipt Requested, by Certified  Mail,
 Return  Receipt  Requested, and regular mail,  to  O'Hana  Radio
 Partners, 41-625 Eclectic Street #J-1, Palm Desert, CA 92260.


                              FEDERAL COMMUNICATIONS COMMISSION



                              Ryan Hagihara
                              Resident Agent, Honolulu Office

Cccc:     Radio Station KAWV
     O'Hana Radio Partners
     P.O. Box 3422
     Lihue, HI  96766

                              
                 FCC List of Small Entities
                              
    As described below, a "small entity" may be a small
                       organization,
  a small governmental jurisdiction, or a small business.
                              
(1)  Small Organization
Any not-for-profit enterprise that is independently owned
and operated and
is not dominant in its field.


(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages,
school districts, or
special districts, with a population of less than fifty
thousand.


(3)  Small Business
Any business concern that is independently owned and
operated and
is not dominant in its field, and meets the pertinent size
criterion described below.


       Industry Type         Description of Small Business
                                     Size Standards
                 Cable Services or Systems
                            Special Size Standard -
Cable Systems               Small Cable Company has 400,000
                            Subscribers Nationwide or Fewer
Cable and Other Program                     
Distribution                    $12.5 Million in Annual
                                    Receipts or Less
                                            
Open Video Systems                          
        Common Carrier Services and Related Entities
Wireline Carriers and                       
Service providers                           
                                1,500 Employees or Fewer
Local Exchange Carriers,                    
Competitive Access
Providers, Interexchange
Carriers, Operator Service
Providers, Payphone
Providers, and Resellers


Note:  With the exception of Cable Systems, all size
standards are expressed in either millions of dollars or
number of employees and are generally the average annual
receipts or the average employment of a firm.  Directions
for calculating average annual receipts and average
employment of a firm can be found in
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International Broadcast                     
Stations                                    
                                            
                                            
                                            
                                            
                                            
                                            
                                $12.5 Million in Annual
                                    Receipts or Less
International Public Fixed                  
Radio (Public and Control
Stations)
Fixed Satellite                             
Transmit/Receive Earth
Stations
Fixed Satellite Very Small                  
Aperture Terminal Systems
Mobile Satellite Earth                      
Stations
Radio Determination                         
Satellite Earth Stations
Geostationary Space                         
Stations
Non-Geostationary Space                     
Stations
Direct Broadcast Satellites                 
Home Satellite Dish Service                 
                    Mass Media Services
Television Services                         
                                            
                             $12 Million in Annual Receipts
                                        or Less
Low Power Television                        
Services and Television
Translator Stations
TV Auxiliary, Special                       
Broadcast and Other Program
Distribution Services
Radio Services                              
                             $6 Million in Annual Receipts
                                        or Less
Radio Auxiliary, Special                    
Broadcast and Other Program
Distribution Services
Multipoint Distribution     Auction Special Size Standard -
Service                     Small Business is less than
                            $40M in annual gross revenues
                            for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees                          
                                1,500 Employees or Fewer
220 MHz Radio Service -                     
Phase I Licensees
220 MHz Radio Service -     Auction special size standard -
Phase II Licensees          Small Business is average gross
                            revenues of $15M or less for
                            the preceding three years
                            (includes affiliates and
                            controlling principals)
                            Very Small Business is average
                            gross revenues of $3M or less
                            for the preceding three years
                            (includes affiliates and
                            controlling principals)
700 MHZ Guard Band          
Licensees
                            

Private and Common Carrier
Paging
Broadband Personal                          
Communications Services         1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal          Auction special size standard -
Communications Services     Small Business is $40M or less
(Block C)                   in annual gross revenues for
                            three previous calendar years
                            Very Small Business is average
                            gross revenues of $15M or less
                            for the preceding three
                            calendar years (includes
                            affiliates and persons or
                            entities that hold interest in
                            such entity and their
                            affiliates)
Broadband Personal          
Communications Services
(Block F)
Narrowband Personal                         
Communications Services

                                            
Rural Radiotelephone            1,500 Employees or Fewer
Service
Air-Ground Radiotelephone                   
Service
800 MHz Specialized Mobile  Auction special size standard -
Radio                       Small Business is $15M or less
                            average annual gross revenues
                            for three preceding calendar
                            years
900 MHz Specialized Mobile                  
Radio
Private Land Mobile Radio       1,500 Employees or Fewer
Amateur Radio Service                     N/A
Aviation and Marine Radio                   
Service                         1,500 Employees or Fewer
Fixed Microwave Services                    
                            Small Business is 1,500
Public Safety Radio         employees or less
Services                    Small Government Entities has
                            population of less than 50,000
                            persons
Wireless Telephony and                      
Paging and Messaging            1,500 Employees or Fewer
Personal Radio Services                   N/A
Offshore Radiotelephone         1,500 Employees or Fewer
Service                                     
Wireless Communications     Small Business is $40M or less
Services                    average annual gross revenues
                            for three preceding years
                            Very Small Business is average
                            gross revenues of $15M or less
                            for the preceding three years
                                            
39 GHz Service
                            Auction special size standard
                            (1996) -
Multipoint Distribution     Small Business is $40M or less
Service                     average annual gross revenues
                            for three preceding calendar
                            years
                            Prior to Auction -
                            Small Business has annual
                            revenue of $12.5M or less
Multichannel Multipoint                     
Distribution Service            $12.5 Million in Annual
                                    Receipts or Less
Instructional Television                    
Fixed Service
                            Auction special size standard
                            (1998) -
Local Multipoint            Small Business is $40M or less
Distribution Service        average annual gross revenues
                            for three preceding years
                            Very Small Business is average
                            gross revenues of $15M or less
                            for the preceding three years
                            First Auction special size
                            standard (1994) -
                            Small Business is an entity
                            that, together with its
                            affiliates, has no more than a
218-219 MHZ Service         $6M net worth and, after
                            federal income taxes (excluding
                            carryover losses) has no more
                            than $2M in annual profits each
                            year for the previous two years
                            New Standard -
                            Small Business is average gross
                            revenues of $15M or less for
                            the preceding three years
                            (includes affiliates and
                            persons or entities that hold
                            interest in such entity and
                            their affiliates)
                            Very Small Business is average
                            gross revenues of $3M or less
                            for the preceding three years
                            (includes affiliates and
                            persons or entities that hold
                            interest in such entity and
                            their affiliates)
Satellite Master Antenna                    
Television Systems              $12.5 Million in Annual
                                    Receipts or Less
24 GHz - Incumbent              1,500 Employees or Fewer
Licensees
24 GHz - Future Licensees   Small Business is average gross
                            revenues of $15M or less for
                            the preceding three years
                            (includes affiliates and
                            persons or entities that hold
                            interest in such entity and
                            their affiliates)
                            Very Small Business is average
                            gross revenues of $3M or less
                            for the preceding three years
                            (includes affiliates and
                            persons or entities that hold
                            interest in such entity and
                            their affiliates)
                       Miscellaneous
On-Line Information          $18 Million in Annual Receipts
Services                                or Less
Radio and Television                        
Broadcasting and Wireless                   
Communications Equipment         750 Employees or Fewer
Manufacturers
Audio and Video Equipment                   
Manufacturers
Telephone Apparatus                         
Manufacturers (Except           1,000 Employees or Fewer
Cellular)
Medical Implant Device           500 Employees or Fewer
Manufacturers
Hospitals                    $29 Million in Annual Receipts
                                        or Less
Nursing Homes                   $11.5 Million in Annual
                                    Receipts or Less
Hotels and Motels            $6 Million in Annual Receipts
                                        or Less
Tower Owners                (See Lessee's Type of Business)




_______________________________
1 47 C.F.R  11.35(a).

2 47 U.C.S.  503(b).

3 47 U.S.C.  503(b).

4  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  or any rule or regulation of the Commission authorized
by  this Act.."  See Southern California Broadcasting Co., 6  FCC
Rcd 4387 (1991).

5  Section  312(f)(2)  of  the Act, 47 U.S.C.   312(f)(2),  which
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."

6 47 C.F.R.  11.11 and 11.41.

7 47 C.F.R.  11.1 and 11.21.

8 47 C.F.R.  11.18.  State EAS plans contain guidelines that
must be followed by broadcast and cable personnel, emergency
officials and National Weather Service personnel to activate the
EAS for state and local emergency alerts.  The state plans
include the EAS header codes and messages to be transmitted by
the primary state, local and relay EAS sources.

9 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

10 47 C.F.R.  1.80.

11 47 U.S.C.  503(b)(2)(D).

12 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999).

13 47 U.S.C.  503(b); 47 C.F.R.  0111, 0.311, 1.80, 11.35(a).

14 See 47 C.F.R.  1.1914.