Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

Pacifica Foundation, Inc. ) File No. EB-03-CF-097

WPFW ) NAL/Acct. No. 200332340004

Washington, DC ) FRN 0007-2593-10

)

)

)

## FORFEITURE ORDER

## 

**Adopted: July 23, 2004 Released: July 27, 2004**

By the Chief, Enforcement Bureau:

1.  In this *Forfeiture Order* (*\"Order\"*) we issue a monetary
    forfeiture in the amount of three thousand dollars (\$3,000) to
    Pacifica Foundation, Inc. ("Pacifica"), licensee of FM broadcast
    station WPFW, Washington, DC, for willful and repeated violation of
    Sections 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and 73.1870(c)(3) of the
    Commission's Rules ("Rules").[^1] The noted violations involved
    Pacifica's failure to conduct required monthly and weekly tests of
    the Emergency Alert System ("EAS") and failure to verify the log in
    writing by the chief operator.

2\. In a March 26, 2003 *Notice of Apparent Liability for Forfeiture*
("*NAL"*),[^2] the District Director of the Commission's Columbia,
Maryland Office ("Columbia Office") issued a monetary forfeiture in the
amount of \$3,000 to Pacifica. Pacifica does not contest the subject
violations. In its April 23, 2003 response, Pacifica states that it has
remedied the defects identified in the Commission inspection and seeks
mitigation. However, no mitigation is warranted on the basis of
Pacifica's correction of the violations. As the Commission stated in
*Seawest Yacht Brokers*, 9 FCC Rcd 6099, 6099 (1994), "corrective action
taken to come into compliance with Commission rules or policy is
expected, and does not nullify or mitigate any prior forfeitures or
violations." [^3] Further, Pacifica states it is a small business
entity, in support of its request that the forfeiture be reduced,
without providing any financial documentation. It is well established
that reliance on small business status alone without substantiation of
the inability to pay claim is insufficient.[^4]

3\. Accordingly, **IT IS ORDERED THAT**, pursuant to Section 503(b) of
the Act[^5], and Sections 0.111, 0.311 and 1.80(f)(4) of the
Commission\'s Rules[^6], Pacifica Foundation, Inc., **IS LIABLE FOR A
MONETARY FORFEITURE** in the amount of three thousand dollars (\$3,000)
for its willful and repeated violation of Sections 11.61(a)(1)(i),
11.61(a)(2)(i)(A) and 73.1870(c)(3) 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.[^7] 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. 200332340004 and FRN 0007-2593-10. 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.[^8]

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 Foundation, Inc., 1929 Martin L. King Jr. Way, Berkeley, CA
94704, and 2390 Champlain Street, NW, Second Floor, Washington, DC
20009-2620.

**FEDERAL COMMUNICATIONS COMMISSION**

David H. Solomon

Chief, Enforcement Bureau

[^1]: ^?^ 47 C.F.R. §§ 11.61(a)(1)(i), 11.61(a)(2)(i)(A) and
    73.1870(c)(3).

[^2]: ^?^ *Notice of Apparent Liability for Forfeiture,* NAL/Acct. No.
    200332340004 (Enf. Bur., Columbia Office, released March 26, 2003 ).

[^3]: ^?^ *See also Callais Cablevision, Inc.,* 17 FCC Rcd 22626, 22629
    (2002); *Radio Station KGVL, Inc.,* 42 FCC 2d 258, 259 (1973); and
    *Executive Broadcasting Corp*., 3 FCC 2d 699, 700 (1966).

[^4]: ^?^ *See Forfeiture Policy Statement,* 12 FCC Rcd 17087, 17109 ¶¶
    51-52 (1997), *recon. denied,* 15 FCC Rcd 303 (1999); *see, e.g.,
    Jerry Szoka,* 14 FCC Rcd 20147, 20150 ¶¶ 9-10 (1999).

[^5]:
    > 47 U.S.C. § 503(b).

[^6]:
    > 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).

[^7]: 47 U.S.C. § 504(a).

[^8]: *See* 47 C.F.R. § 1.1914.