Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           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.