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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) File No.: EB-
02-HL-038
)
New Wave Broadcasting, L.P. ) NAL/Acct. No.
200232860001
Licensee, Station KPOI-FM )
Honolulu, Hawaii 96815 ) FRN 0005-
3920-22
FORFEITURE ORDER
Adopted: July 29, 2002 Released: August 1,
2002
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of two thousand
dollars ($2,000) to New Wave Broadcasting, L.P. (``New
Wave''), licensee of Station KPOI-FM, Honolulu,
Hawaii, for willful and repeated violation of Section
11.61(a)(1)(v) of the Commission's Rules (``the
Rules'').1 The noted violation involves New Wave's
failure to retransmit the Emergency Alert System
required monthly test.
2. On May 16, 2002, the Commission's Honolulu, Hawaii
Resident Agent Office, issued a Notice of Apparent Liability for
Forfeiture (``NAL'')2 in the amount of $2,000 to New Wave. New
Wave has not filed a response to the NAL. Based on the
information before us, we affirm the forfeiture.
3. ACCORDINGLY, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended, (``the
Act''),3 and Sections 0.111, 0.311 and 1.80(f)(4) of the Rules,4
New Wave Broadcasting, L.P. IS LIABLE FOR A MONETARY FORFEITURE
in the amount of $2,000 for willfully and repeatedly violating
Section 11.61(a)(1)(v) of the Rules.
4. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Rules5 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.6
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
NAL/Acct. No. 200232860001, and FRN 0005-3920-22. 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. 20554.7
5. IT IS FURTHER ORDERED THAT this Order shall be sent by
regular mail and by certified mail, return receipt requested, to
New Wave Broadcasting, L.P., 1833 Kalakaua Avenue, Suite 500,
Honolulu, Hawaii 96815.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 47 C.F.R. § 11.61(a)(1)(v).
2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200232860001 (Enf. Bur., Honolulu Resident Agent Office, released
May 16, 2002).
3 47 U.S.C. § 503(b).
4 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
5 47 C.F.R. § 1.80.
6 47 U.S.C. § 504(a).
7 See 47 C.F.R. § 1.1914.