*Pages 1--2 from Microsoft Word - 42771* Federal Communications Commission DA 04- 3150 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 1 47 C. F. R. §§ 11. 35, 73. 3526( c)( 1). 2 Notice 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). 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). 1 Federal Communications Commission DA 04- 3150 2 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 6 See 47 C. F. R. § 1.1914. 2