Certified Mail #7000 0520 0020 1836 6497 Return Receipt Requested

Before the Federal Communications Commission Washington, D.C. 20554

CERTIFIED MAIL #7000 0520 0020 1836 6497 RETURN RECEIPT REQUESTED

In the Matter of ) Notice of Apparent Liability for Forfeiture ) of ) File Number EB-01-HL-034 ) ) NAL/Acct. No. 200132860002 Television Station KWBN ) Ho’ona’auao Community TV, Inc ) ) ) Honolulu, Hawaii )

NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Released: March 16, 2001

By the Enforcement Bureau, Honolulu Resident Agent Office:

I. INTRODUCTION

1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Ho’ona’auao Community TV, Inc (HCTV) has apparently willfully violated Section 73.3527(c)(1) of the FCC Rules and Regulations (“Rules”), 47 C.F.R. Section 73.3527(c)(1) by repeatedly failing to make the KWBN public inspection file available for inspection during regular business hours. We conclude that HCTV is apparently liable for a forfeiture in the amount of ten thousand dollars ($10,000).

II. BACKGROUND

2. On November 16, 2000, Agents of the FCC’s Honolulu Resident Agent Office inspected television broadcast station KWBN. The investigation determined that the station public inspection file was not available to members of the public and did not contain any issues/programs list, ownership or license information. Information on the main studio location was not available to the general public, and the main studio location was not designated by either a sign on the door, or in the building directory. An Official Notice of Violation (“NOV”) was issued to the station licensee, HCTV, on November 20, 2000, citing non-compliance with FCC Rules, including Section 73.3527(c)(1), 47 C.F.R. Section 73.3527(c)(1). HCTV submitted a response to the NOV, dated November 29, 2000. The response stated that HCTV had taken steps

to insure compliance, and that the public file was available for inspection.

3. On March 8, 2001, Agents of the FCC’s Honolulu Resident Agent Office attempted to inspect KWBN. The main studio at 875 Waimanu Street, Suite 632, Honolulu, Hawaii 96813 was locked at 12:07PM HST, and there was no response to repeated knocks on the door. The Agents again visited the KWBN studio at 1:20PM HST the same day, and again found the studio locked and unattended. The Agents slipped a business card under the studio door, requesting that the station contact them immediately. The Agents were unable to contact KWBN personnel via the local toll-free number, which was connected to an answering machine.

4. Honolulu Agents again attempted to inspect KWBN on March 9, 2001 at 10:55AM HST. They found the main studio locked and unattended. The Agents left a message on the KWBN answering machine requesting that the station contact them immediately. The Agents have not received any response from KWBN.

III. DISCUSSION

5. Section 503(b) provides that any person who willfully or repeatedly fails to comply substantially with the terms and conditions of any license or fails to comply with any of the provisions of the Act or of any rule, or regulation issued by the Commission thereunder, shall be liable for a forfeiture penalty. The term "willful" as used in Section 503(b) has been interpreted to mean simply that the acts or omissions are committed knowingly. It is not pertinent whether or not the licensee's acts or omissions are intended to violate the law.

6. Section 73.3527(c)(1) of the Rules states that the local public inspection file of a noncommercial educational station shall be available for public inspection at any time during regular business hours. Neither the public nor FCC Agents are able to access the station public file, as the main studio is locked and unattended. There is no mechanism for the public to contact station personnel as the toll free local number is merely connected to an answering machine. We therefore find that HCTV has willfully and repeatedly violated Section 73.3527(c)(1) of the Rules.

9. In determining the amount of forfeiture penalty that should be assessed for these violations, we are guided by Section 503(b)(2)(D) of the Communications Act. Section 503(b)(2)(D) states in relevant part:

[T]he Commission . . . shall take into account the nature, circumstances, extent, and gravity of the violation and, with respect to the violator, the degree of culpability, any history of prior

offenses, ability to pay, and such other matters as justice may require.

The amount of forfeiture penalty should take into consideration the severity of the instant violation, in addition to the status and prior offenses of the violator. The base forfeiture amount for violation of public file rules is $10,000, in accordance with The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). In view of the fact that HCTV was previously issued an Official Notice of Violation on November 29, 2000 for violation of Section 73.3527(c)(1) of the Rules, we see no reason to mitigate the base forfeiture amount.

IV. ORDERING CLAUSES

10. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Communications Act of 1934, as amended1, and Sections 0.111, 0.311 and 1.80 of the Commission's Rules2, HCTV is hereby NOTIFIED of an APPARENT LIABILITY FOR A FORFEITURE in the amount of ten thousand dollars ($10,000) for failure to make the local public inspection file available during regular business hours, in violation of Section 73.3527(c)(1) of the Rules, 47 C.F.R. Section 73.3527(c)(1).

11. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Commission's Rules3, within thirty days of the release date of this NOTICE OF APPARENT LIABILITY, HCTV SHALL PAY the full amount of the proposed forfeiture or SHALL FILE a written statement seeking reduction or cancellation of the proposed forfeiture.

12. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. The payment should note the NAL/Acct. No. 200132860002.

13. The response, if any, must be mailed to Federal Communications Commission, Enforcement Bureau, Technical and Public Safety Division, 445 12th Street, S.W., Washington, DC

1 47 U.S.C. § 503(b).

2 47 C.F.R. §§ 0.111, 0.311, 1.80.

3 47 C.F.R. § 1.80.

20554, Ref: EB-01-HL-034; NAL/Acct. No. 200132860002.

14. The Commission will not consider reducing or canceling a forfeiture in response to a claim of inability to pay unless the petitioner submits: (1) federal tax returns for the most recent three-year period; (2) financial statements prepared according to generally accepted accounting practices (“GAAP”); or (3) some other reliable and objective documentation that accurately reflects the petitioner’s current financial status. Any claim of inability to pay must specifically identify the basis for the claim by reference to the financial documentation submitted.

15. Requests for payment of the full amount of this Notice of Apparent Liability under an installment plan should be sent to: Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W., Washington, D.C. 20554.4

16. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY shall be sent by Certified Mail Return Receipt Requested to Ho’ona’auao Community TV, Inc, 875 Waimanu St, Suite 632, Honolulu, Hawaii 96813.

FEDERAL COMMUNICATIONS COMMISSION

John R. Raymond Honolulu Resident Agent

4 See 47 C.F.R. § 1.1914