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 Federal  Communications  Commission  DA  04-  1290 
 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. 


 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). 
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 Federal  Communications  Commission  DA  04-  1290 
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 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,  11  th  Floor,  1300  North  17  th  Street,  Arlington,  Virginia  22209-  3801. 


 FEDERAL  COMMUNICATIONS  COMMISSION 


 David  H.  Solomon  Chief,  Enforcement  Bureau 


 6  See  47  C.  F.  R.  §  1.1914. 
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