*Pages 1--3 from Microsoft Word - 41893* Federal Communications Commission DA 04- 2874 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of Rainbow Honolulu, Licensee of Station WPKK857, Honolulu, Hawaii ) ) ) ) ) File No. EB- 03- HL- 072 NAL/ Acct No. 200432860001 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 $8,000 forfeiture is warranted based on the company’s inability to pay. 4 While we cancel the forfeiture, we admonish Rainbow for its repeated violation of Section 1.903( a) of the Rules. 4. Accordingly, IT IS ORDERED that, pursuant to Section 503( b) of the Communications 1 Rainbow Honolulu, NAL/ Acct. No. 200432860001 (Enf. Bur., Honolulu Office, released February 2, 2004). 2 47 C. F. R. § 1.903( a). Section 1.903( a) requires that a wireless radio station “be used and operated” in accordance with the terms and conditions of its Commission authorization and applicable service rules. 3 Additionally, Rainbow indicated that failing to file for a license modification was an oversight. Commission records reflect that, after release of the NAL, Rainbow filed and was granted a license modification. See File No. 0001622171. Corrective measures are expected, and thus do not mitigate or negate past violations and do not warrant cancellation or reduction of forfeitures. See AT& T Wireless Services, Inc., 17 FCC Rcd 7891 (2002), forfeiture ordered, 17 FCC Rcd 21866, 21875- 76 at ¶¶ 26- 28 (2002), Seawest Yacht Brokers, 9 FCC Rcd 6099, 6099 ¶ 7 (1994); see also TCI Cablevision of Maryland, Inc., 7 FCC Rcd 6013, 6014 ¶ 8 (1992). The cancellation of the proposed forfeiture herein is based solely upon Rainbow’s generated gross revenues. 4 See, e. g., William L. Needham and Lucille Needham, 19 FCC Rcd 8184 (Enf. Bur. 2004); Thomas A. Brothers, 17 FCC Rcd 26125 (Enf. Bur. 2002); Jeffrey Alan Pettrey, 16 FCC Rcd 22088 (Enf. Bur. 2001). 1 Federal Communications Commission DA 04- 2874 2 Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80( f)( 4) of the Rules, 5 the proposed forfeiture in the amount of one thousand dollars ($ 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 5 47 C. F. R. §§ 0.111, 0.311, 1.80( f)( 4). 2 Federal Communications Commission DA 04- 2874 3 3