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Before the
Federal Communications Commission
Washington, D.C. 20554
)
In the Matter of )
) File No.: EB-04-NF-051
The Paradise Network (TPN) of )
North Carolina, Inc. ) NAL/Acct. No.:
200432640003
Licensee of WHNC & WCBQ )
Henderson and Oxford, North Carolina ) FRN: 9332149
)
FORFEITURE ORDER
Adopted: September 30, 2004
Released: October 4, 2004
By the Assistant Chief, Enforcement Bureau:
1. In this Forfeiture Order (``Order''), we issue a
monetary forfeiture in the amount of eighteen thousand
dollars ($18,000) to The Paradise Network of North
Carolina, Inc. (``TPN''), licensee of AM radio
stations WHNC, Henderson, North Carolina and WCBQ,
Oxford, North Carolina, for willful and repeated
violation of Sections 11.35 and 73.3526(c)(1) of the
Commission's Rules (``Rules'').1 The noted violations
involve TPN's failure to install and maintain
Emergency Alert System (``EAS'') equipment and failure
to make available for inspection the complete public
inspection file.
2. On June 23, 2004, the Resident Agent of the
Commission's Norfolk, Virginia Field Office (``Norfolk Office'')
issued a Notice of Apparent Liability for Forfeiture (``NAL'') in
the amount of $18,000 to TPN.2 TPN 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 (``Act''),3
and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
Rules,4 The Paradise Network of North Carolina, Inc. IS LIABLE
FOR A MONETARY FORFEITURE in the amount of $18,000 for willfully
and repeatedly violating Sections 11.35 and 73.3526(c)(1) 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 by check or money order may be mailed to Forfeiture
Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
Payment by overnight mail may be sent to Bank One/LB 73482, 525
West Monroe, 8th Floor Mailroom, Chicago, IL 60661. Payment by
wire transfer may be made to ABA Number 071000013, receiving bank
Bank One, and account number 1165259. The payment should note
NAL/Acct. No. 200432640003, and FRN 9332149. Requests for full
payment under an installment plan should be sent to: Chief,
Revenue and Receivables 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 The Paradise Network of North Carolina,
Inc., 9300 Georgia Ave, Silver Spring, Maryland 20910 and The
Paradise Network of North Carolina, Inc., 601 Henderson St.,
Oxford, North Carolina 27565.
FEDERAL COMMUNICATIONS COMMISSION
George R. Dillon
Assistant Chief, Enforcement Bureau
_________________________
147 C.F.R. §§ 11.35, 73.3526(c)(1).
2Notice of Apparent Liability for Forfeiture, NAL/Acct. No.
200432640003 (Enf. Bur., Norfolk Office, released June 23, 2004);
Erratum (Enf. Bur., Norfolk Office, released June 24, 2004).
347 U.S.C. § 503(b).
447 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
547 U.S.C. § 504(a).
6See 47 C.F.R. § 1.1914.