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


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                )
Pacifica Broadcasting Company   )    File No.: EB-03-SE-289
                                )    NAL/Acct. No. 200432100005
Licensee of Noncommercial Educational)  Facility #51241
Television Station KALO (TV), Honolulu, )    FRN 0004075040
Hawaii                          )       

                        FORFEITURE ORDER

Adopted:  May 6, 2004                   Released:  May 10, 2004

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture  Order  (``Order''),  we  issue  a 
          monetary  forfeiture in  the  amount of  four  thousand 
          dollars  ($4,000)  to  Pacifica  Broadcasting   Company 
          (``Pacifica''), licensee  of noncommercial  educational 
          television  Station  KALO (TV)  (formerly  KAIE  (TV)), 
          Honolulu,   Hawaii,   for   willful                 and 
          repeated   violation    of   Section    301   of    the 
          Communications Act of  1934, as amended, (``Act'')  and 
          Section    73.1690   of    the    Commission's    Rules 
          (``Rules'').1  The noted violation involves  Pacifica's 
          broadcasting from an unauthorized transmitter site.

     2.     On October 30, 2003, the Enforcement Bureau issued  a 
          Notice of  Apparent Liability for Forfeiture  (``NAL'') 
          in the  amount of  $4,000 to  Pacifica.2  Pacifica  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  Act,3  and Sections  0.111,  0.311  and 
          1.80(f)(4)   of  the   Rules,4  Pacifica   Broadcasting 
          Company  IS LIABLE  FOR A  MONETARY FORFEITURE  in  the 
          amount   of  $4,000   for  willfully   and   repeatedly 
          violating Section  301 of the  Act and Section  73.1690 
          of the Rules.

     4.   Payment of the  forfeiture shall be made in the  manner 
          provided for  in Section  1.80 of the  Rules 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.5  
          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.  200432100005   and   FRN   0004075040. 
          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. 20554.6

     5.   IT IS FURTHER  ORDERED that a copy of this Order  shall 
          be sent by  first class mail and certified mail  return 
          receipt  requested, to  Pacifica Broadcasting  Company, 
          875 Waimanu Street, Suite 110, Honolulu, Hawaii  96813, 
          and  a  copy  to its  counsel,  Harry  F.  Cole,  Esq., 
          Fletcher,  Heald &  Hildreth, P.L.C,  11th Floor,  1300 
          North 17th Street, Arlington, Virginia 22209-3801. 


                         David H. Solomon
                         Chief, Enforcement Bureau


     1 47 U.S.C  301; 47 C.F.R.  73.1690.

     2 Notice of Apparent Liability for Forfeiture, NAL/Acct. No. 
200432100005 (Enf. Bur., released October 30, 2003).

     3 47 U.S.C.  503(b).

     4 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

     5 47 U.S.C.  504(a).

     6 See 47 C.F.R.  1.1914.