*Pages 1--2 from Microsoft Word - 24790.doc* Federal Communications Commission DA 03- 336 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) ) Ho’ona’auao Community Television, Inc. ) File No.: EB- 02- HL- 074 ) NAL/ Acct. No. 200232860003 Licensee of Station KWBN- TV ) FRN 0004- 0750- 57 Honolulu, Hawaii ) FORFEITURE ORDER Adopted: January 31, 2003 Released: February 4, 2003 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 Ho’ona’auao Community Television, Inc. (“ Ho’ona’auao”) licensee of Station KWBN- TV, Honolulu, Hawaii, for willful and repeated violation of Section 11. 61( a)( 1)( v) of the Commission’s Rules (“ Rules”). 1 The noted violation involves Station KWBN- TV’s failure to retransmit the Emergency Alert System Required Monthly Test. 2. On September 27, 2002, the Commission’s Honolulu, Hawaii Resident Agent Office (“ Honolulu Office”) issued a Notice of Apparent Liability for Forfeiture (“ NAL”) in the amount of $4,000 to Ho’ona’auao. 2 Ho’ona’auao 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 Rules, 4 Ho’ona’auao Community Television, Inc. IS LIABLE FOR A MONETARY FORFEITURE in the amount of $4,000 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 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. 200232860003 and FRN 0004- 0750- 57. 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 1 47 C. F. R. § 11. 61( a)( 1)( v). 2 Notice of Apparent Liability for Forfeiture, NAL/ Acct. No. 200232860003 (Enf. Bur., Honolulu Office, released September 27, 2002). 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. 1 Federal Communications Commission DA 03- 336 2 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 Ho’ona’auao Community Television, Inc., 875 Waimanu Street, Suite 632, Honolulu, Hawaii 96813. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 2