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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Ho'ona'auao Community TV, Inc. ) File No. EB-01-HL-034
)
Licensee of Station KWBN-TV ) NAL/Acct. No. 200132860002
Honolulu, Hawaii )
) FRN 0004-0750-57
MEMORANDUM OPINION AND ORDER
Adopted: December 20, 2001 Released: December 21,
2001
By the Chief, Enforcement Bureau:
1. In this Memorandum Opinion and Order (``Order''), we
deny a petition for reconsideration1 filed by Ho'ona'auao
Community TV, Inc. (``HCTV''), licensee of Station KWBN-TV,
Honolulu, Hawaii, of a Forfeiture Order2 which issued a
$10,000 forfeiture against HCTV for willful violation of
Section 73.3527(c)(1) of the Commission's Rules (``Rules'').3
The noted violation involved HCTV's failure to make Station
KWBN-TV's public inspection file available during normal
business hours.
2. In its petition for reconsideration, HCTV does not
dispute that a violation of Section 73.3527(c)(1) of the Rules
occurred. Rather, HCTV requests that the Forfeiture Order be
vacated or redirected to HCTV's former controlling directors.
HCTV states that a transfer of control of HCTV was consummated
on January 19, 2001.4 HCTV contends that since the violation
occurred on November 16, 2000, which was prior to the transfer
of control, the violation is the responsibility of HCTV's
former Board of Directors.
3. We deny HCTV's request that we vacate the Forfeiture
Order or redirect it to HCTV's former controlling directors.
HCTV was the licensee of Station KWBN-TV at the time of the
violation and remains the licensee today. It is well
established that the transfer of control of the stock of a
licensee corporation subsequent to a violation does not excuse
the licensee for the violation. See EZ Sacramento, Inc., 16
FCC Rcd 4958, 4959 (2001); Winslow Communications, Inc., 45
FCC 2d 662, 663 (1974); WLDI, Inc., 16 FCC Rcd 3011, 3012
(Enf. Bur. 2001). Accordingly, assessment of a forfeiture
against HCTV for violation of Section 73.3527(c)(1) of the
Rules was appropriate, and we deny HCTV's petition for
reconsideration.
4. ACCORDINGLY, IT IS ORDERED that, pursuant to Section
405 of the Communications Act of 1934, as amended (``Act''),5
and Section 1.106 of the Rules,6 Ho'ona'auao Community TV,
Inc.'s petition for reconsideration of the Forfeiture Order IS
DENIED.
5. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules7 within 30 days of
the release of this Order. If the forfeiture is not paid
within the period specified, the case may be referred to the
Department of Justice for collection pursuant to Section
504(a) of the Act.8 Payment shall be made by mailing a check
or similar instrument, payable to the order of the ``Federal
Communications Commission,'' to the Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The
payment should note the NAL/Acct. No. 200132860002 and FRN
0004-0750-57. Requests for full payment under an installment
plan should be sent to: Chief, Revenue and Receivables
Operations Group, 445 12th Street, S.W., Washington, D.C.
20554.9
6. IT IS FURTHER ORDERED that, a copy of this Order shall
be sent by Certified Mail Return Receipt Requested to
Ho'ona'auao Community TV, Inc., 875 Waimanu Street, Suite 626,
Honolulu, Hawaii 96813, and to its counsel, Robert L. Olender,
Esq., Koerner & Olender, P.C., 5809 Nicholson Lane, Suite 124,
Bethesda, Maryland 20852-5706.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Although not captioned as a petition for reconsideration,
we will treat the letter pleading filed by HCTV on August 21,
2001 as a petition for reconsideration pursuant to Section 1.106
of the Rules. 47 C.F.R. § 1.106.
2 Ho'ona'auao Community TV, Inc., 16 FCC Rcd 14422 (Enf. Bur.
2001).
3 47 C.F.R. § 73.3527(c)(1).
4 The Commission staff granted HCTV's application for
transfer of control on October 26, 2000 (File No. BTCET-
20000914AAY).
5 47 U.S.C. § 405
6 47 C.F.R. § 1.106.
7 47 C.F.R. § 1.80.
8 47 U.S.C. § 504(a).
9 See 47 C.F.R. § 1.1914.