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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.
FEDERAL COMMUNICATIONS COMMISSION
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.