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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Rainbow Honolulu, ) File No. EB-03-HL-072
Licensee of Station WPKK857, ) NAL/Acct No. 200432860001
Honolulu, Hawaii ) FRN: 0006-0816-73
MEMORANDUM OPINION AND ORDER
Adopted: September 2, 2004 Released: September
8, 2004
By the Chief, Enforcement Bureau:
1. By this Memorandum Opinion and Order (``Order''),
we cancel the Notice of Apparent Liability for Forfeiture
(``NAL'') released against Rainbow Honolulu (``Rainbow''),
licensee of Station WPKK857, Honolulu, Hawaii.1 The NAL
found that Rainbow repeatedly operated its wireless radio
station on an unauthorized frequency from an unauthorized
site in apparent violation of Section 1.903(a) of the
Commission's Rules (``Rules''),2 and proposed a forfeiture
in the amount of eight thousand dollars ($8,000).
2. In its response to the NAL, Rainbow stated that it
is ``a very small business,'' that it does ``not make much
money over expenses,'' and that it therefore is unable to
pay the proposed forfeiture.3 In support, Rainbow federal
and state tax returns for 2000, 2001 and 2002.
3. After reviewing Rainbow's supporting
documentation, we conclude that cancellation of the proposed
$8,000 forfeiture is warranted based on the company's
inability to pay.4 While we cancel the forfeiture, we
admonish Rainbow for its repeated violation of Section
1.903(a) of the Rules.
4. Accordingly, IT IS ORDERED that, pursuant to
Section 503(b) of the Communications Act of 1934, as
amended, and Sections 0.111, 0.311 and 1.80(f)(4) of the
Rules,5 the proposed forfeiture in the amount of one
thousand dollars ($8,000.00) for apparent repeated violation
of Section 1.903(a) of the Rules IS CANCELLED.
5. IT IS FURTHER ORDERED that Rainbow Honolulu IS
ADMONISHED for its repeated violation of Section 1.903(a) of
the Rules.
6. IT IS FURTHER ORDERED that a copy of this Order
shall be sent by shall be sent by First Class and Certified
Mail Return Receipt Requested to Rainbow Honolulu, 308
Ainakea Way, Apt. No. 305, Honolulu, Hawaii 96815.
FEDERAL COMMUNICATIONS
COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1Rainbow Honolulu, NAL/Acct. No. 200432860001 (Enf. Bur.,
Honolulu Office, released February 2, 2004).
247 C. F.R. § 1.903(a). Section 1.903(a) requires that a
wireless radio station ``be used and operated'' in
accordance with the terms and conditions of its Commission
authorization and applicable service rules.
3Additionally, Rainbow indicated that failing to file for a
license modification was an oversight. Commission records
reflect that, after release of the NAL, Rainbow filed and
was granted a license modification. See File No.
0001622171. Corrective measures are expected, and thus do
not mitigate or negate past violations and do not warrant
cancellation or reduction of forfeitures. See AT&T Wireless
Services, Inc., 17 FCC Rcd 7891 (2002), forfeiture ordered,
17 FCC Rcd 21866, 21875-76 at ¶¶ 26-28 (2002), Seawest
Yacht Brokers, 9 FCC Rcd 6099, 6099 ¶ 7 (1994); see also
TCI Cablevision of Maryland, Inc., 7 FCC Rcd 6013, 6014 ¶ 8
(1992). The cancellation of the proposed forfeiture herein
is based solely upon Rainbow's generated gross revenues.
4See, e.g., William L. Needham and Lucille Needham, 19 FCC
Rcd 8184 (Enf. Bur. 2004); Thomas A. Brothers, 17 FCC Rcd
26125 (Enf. Bur. 2002); Jeffrey Alan Pettrey, 16 FCC Rcd
22088 (Enf. Bur. 2001).
547 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).