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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

Adopted:  December 20, 2001             Released:   December  21, 

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 

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 

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. 

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.


                         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. 

     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-

  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.