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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                             )                               
     In the Matter of                                                        
                                             )                               
     The Paradise Network of North                                           
     Carolina, Inc.                          )                 EB-05-NF-096  
                                                                             
     Licensee of Station WHNC                )   NAL/Acct. No. 200732640002  
                                                                             
     Henderson, North Carolina 27564-3450    )              FRN  0009332149  
                                                                             
     Facility ID # 56373                     )                               
                                                                             
                                             )                               


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: January 25, 2007

   By the Resident Agent, Norfolk Office, South Central Region, Enforcement
   Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that The Paradise Network of North Carolina, Inc. ("TPN"), licensee of
       AM broadcast station WHNC and owner of antenna structure number
       1017054, in Henderson, North Carolina, apparently willfully and
       repeatedly violated Sections 17.57 and 73.1745(a) of the Commission's
       Rules ("Rules") by failing to notify the Commission upon changes in
       antenna structure ownership information and by operating at times
       other than those specified and made a part of its license. We
       conclude, pursuant to Section 503(b) of the Communications Act of
       1934, as amended ("Act"), that TPN is apparently liable for a
       forfeiture in the amount of seven thousand dollars ($7,000).

   II. BACKGROUND

    2. In response to a complaint that, among other things, TPN was not
       reducing its transmitting power during nighttime hours, on November
       16, 17, and 18, 2005, an agent of the Commission's Norfolk Office of
       the Enforcement Bureau ("Norfolk Office") made on-scene signal
       strength measurements of WHNC'S transmissions in Henderson, North
       Carolina. The measurements did not change before sunrise or after
       sunset; in other words, TPN failed to reduce transmitter output power
       before sunrise and after sunset. Using the measured signal strengths,
       the agent calculated that TPN operated with over 900 watts of power
       after sunset on November 16 and 17, 2005 and before sunrise on
       November 17 and 18, 2005.

    3. In addition, in a response dated March 3, 2006 to a Letter of Inquiry,
       TPN admitted that it owned antenna structure 1017054 and that it would
       submit promptly a FCC Form 854 to transfer the name of the owner of
       the antenna structure to TPN. As of January 24, 2007, the FCC Antenna
       Structure Registration ("ASR") Database lists Henderson Broadcasting,
       Inc. as the registered owner of the structure.

   III. DISCUSSION

    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. The term "repeated" means the commission or omission of
       such act more than once or for more than one day.

    5. Section 17.57 of the Rules requires the owner of an antenna structure,
       for which an Antenna Structure Registration Number has been obtained,
       to "immediately notify the Commission using FCC Form 854 upon ... any
       change in ownership information." On March 3, 2006, TPN admitted that
       it owned antenna structure 1017054 and that it had failed to notify
       the Commission of the change in ownership. TPN stated at that time
       that it would submit the Form 854 within the week. As of January 24,
       2007, the ASR Database still lists the previous owner (Henderson
       Broadcasting, Inc.) as the registered owner of the antenna structure.
       Based on the evidence before us, we find that TPN apparently willfully
       and repeatedly violated Section 17.57 of the Rules by failing to
       notify the Commission upon a change of antenna structure ownership.

    6. Section 73.1745(a) of the Rules states that no broadcast station shall
       operate at times or with modes or power, other than those specified
       and made a part of the license, unless otherwise provided in this
       part. TPN is licensed to operate a daytime only AM broadcast station.
       Its license authorizes a daytime power of 1000 watts. On November 16
       and 17, 2005, an agent from the Norfolk Office observed station WHNC
       broadcast on the air after sunset. On November 17 and 18, 2005, an
       agent from the Norfolk Office observed station WHNC broadcast on the
       air before sunrise. There are no Commission records that authorize TPN
       to provide presunrise or post sunset service. Based on the information
       before us, we find that TPN willfully and repeatedly violated Section
       73.1745(a) of the Rules by operating at times inconsistent with the
       terms of its station authorization.

    7. 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"), and Section 1.80 of the Rules, the
       base forfeiture amount for failing to file required forms or
       information is $3,000 and for operating at times or with modes or
       powers other than those specified and made part of the license is
       $4000. 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 violations, 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, Section 1.80 of the Rules, and the statutory factors
       to the instant case, we conclude that TPN is apparently liable for a
       seven thousand dollar ($7,000) forfeiture.

   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,
       0.314 and 1.80 of the Commission's Rules, The Paradise Network of
       North Carolina, Inc. is hereby NOTIFIED of this APPARENT LIABILITY FOR
       A FORFEITURE in the amount of seven thousand dollars ($7,000) for
       violations of Sections 17.57 and 73.1745(a) of the Rules.

    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 for Forfeiture, The Paradise Network of
       North Carolina, Inc. 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 must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission.  The
       payment must include the NAL/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA
       15251-8340.  Payment by overnight mail may be sent to Mellon
       Bank /LB 358340, 500 Ross Street, Room 1540670, Pittsburgh, PA
       15251.   Payment by wire transfer may be made to ABA Number 043000261,
       receiving bank Mellon Bank, and account number 911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, South Central Region, Norfolk Office,
       1457 Mount Pleasant Rd., Suite #113, Chesapeake, VA 23322 and must
       include the NAL/Acct. No. referenced in the caption.

   12. 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 for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED that a copy of this Notice of Apparent Liability
       for Forfeiture shall be sent by Certified Mail, Return Receipt
       Requested, and regular mail, to The Paradise Network of North
       Carolina, Inc. at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Luther Bolden

   Resident Agent

   Norfolk  Office

   South Central Region

   Enforcement Bureau

   47 C.F.R. SS 17.57, 73.1745(a).

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

   Section 312(f)(1) of the Act, 47 U.S.C. S 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).

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

   We note that even if TPN had a presunrise service or post sunset service
   authorization, Section 73.99 of the Rules limits such service to 500 watts
   or the authorized daytime power, whichever is less. On the dates in
   question, based on the signal's measured strength, the agent determined
   that TPN was operating with more than 900 watts before sunrise and after
   sunset. 47 C.F.R. S 73.99(a).

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S1.80.

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

   47 U.S.C. S 503(b), 47 C.F.R. SS 0.111, 0.311, 0.314, 1.80, 17.57,
   73.1745(a).

   See 47 C.F.R. S 1.1914.

   (...continued from previous page)

                                                              (continued....)

   Federal Communications Commission

                                       3

   Federal Communications Commission