WPC^ 2IBTE33|P)Times New Roman (TT)#Xj\  P6G;4XP# X-#Xj\  P6G;4XP#XX@Times New Roman (TT)Times New Roman (Bold) (TT)6G; XP#2;({@ ZCourier New (TT)Times New Roman (TT)"5@^*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ*7777CE7SSxJxJxJxJxJooJfJfJfJfJ7.7.7.7.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS7S777SAxSf.fExSxSxSxo7oE]A]AN:*LS7JSSSSS.4}}S2S}277JJS77SS7J72t7[\\[^\d*C`^.wRSSn\Cfx`xWlRx\]\cdIfIs`Wx\rriwgd*7DSS77S^*7*.SSSSSSSSSS..^^^Jxooxf]xx7Axfxx]xo]fxxxxf7.7NS7JSJSJ7SS..S.SSSS7A.SSxSSJP!PZ7SJSS7]777JJ:S7A7xx*7SSSS!S7.S^7SC[227`L*724S}}}Jxxxxxxoffff7777xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSSHP LaserJet 4/4M PostScriptHPLA4POS.WRSC\  P6Qw$XP7PC2X4XP\  P6QXP}}}}}}2g mR}@X 3|PTimes New Roman (TT)Times New Roman (Bold) (TT)Times New Roman (Italic) (TT)"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddndddddddy.C8*XC\  P6QP7PC2X4XP\  P6QXP.7UC2XXU4  pQX5PC2X3tXP*f9 xQXX2E @ Z@x X-#Xj\  P6G; DXP#"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd2*@/j="5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddCommission's Rules. These provisions prohibit noncommercial stations from broadcasting  xannouncements that promote the sale of goods and services of forprofit entities in return for  xyconsideration paid to the station. Our letters noted that Station KNONFM had been assessed a forfeiture for violation of Sections 399B and 73.503 in February 1992.   xYour replies of July 19, 1996, and February 19, 1997, concede that violations occurred,  xand claim that these violations reflected either inadequate supervision stemming from personnel  xzproblems at the station (the 1994 violations) or disregard of your established procedures by  xlindividual announcers or producers (the 1996 violations). You assert that all individuals  xresponsible for the announcements have been reprimanded or terminated from the station. And,  xkyou report that you employ a wide variety of methods to ensure compliance with applicable  xpolicies and procedures. In this regard, you note the difficulty of supervising your large number of onair volunteers (approximately 60 in 1996 and 90 in 1997).  X (-  { xIn two instances, you question our assessment of particular announcements, expressing  X(- x>your opinion that they comply with our requirements. In one case, a reference to "the only"(,))JJ'"  xstore...where you can find...," you state that the store in question is in fact the only retail outlet  xfor certain merchandise in a specific part of town. Thus, you urge that the word "only" is not  X- xa qualitative description. With respect to a reference to "allyoucaneat catfish on Sundays," you  xmaintain that "allyoucaneat" is a value neutral description of a type of restaurant and is not implied price information.   xWe have found the word "only," when combined with a description of features and  xattributes, to be promotional. "Only," in this context, suggests a comparison with similar  xestablishments; in conjunction with descriptive material, it indicates that the establishment is the  X3- x"best" of its kind. Letter to Radio Station KUNV(FM), July 10, 1989. In your announcement  x[for Blue Suede Shoe, "a leather goods and music store," the word "only" appears in context to  xreflect the store's status as the sole source of various goods in a specific geographic area, rather  x=than a claim that it is the "best" among competing merchants. Hence, we agree that use of the word "only" does not in and of itself render this announcement promotional.   xWhile considerations of context may also make the phrase "allyoucaneat"  xunobjectionable, we find in the particular context here that its use does imply price information.  X{- xLetter to Mary Lou Joseph, Vice President, Member Services, 11 FCC Rcd 10052 (MMB 1996).  xThe announcement, which concerns the Rusty Anchor restaurant, includes descriptions of dishes  xoffered and hours of operation. "Allyoucaneat catfish on Sunday" is clearly presented as a onedayaweek special feature, an event in which pricing is an inducement to patronage.   ]xYou attach to your response of February 19, 1997, standard formats that you propose to  xuse for announcements concerning music clubs. These formats include, among other things,  xfairly extensive descriptions of the clubs' offerings, presented on a nightbynight basis. We  xhave warned in the past of the dangers of "nonidentifying verbosity," and have cautioned against  xa "tendency to exceed identification by dwelling at length on the usefulness, convenience, or  X- xyadvantages of the products or services mentioned." Penfold Communications, Inc., 8 FCC Rcd  X~- x78 (MMB 1992). While we cannot assess your proposed formats in the abstract, i.e. without  xjreference to specific underwriters, their length and scope could render them promotional under this precedent.   xIn view of the above, and in light of the violations you have conceded and those we have  xyfound, it appears that in July, September and October of 1994, and in August and September of  x[1996, Agape Broadcasting Foundation, licensee of noncommercial station KNONAM, Dallas,  x Texas, violated Section 399B of the Communications Act of 1934, as amended, and Section  x73.503 of the Commission's Rules. Accordingly, you are hereby advised of your apparent  xliability for a forfeiture of five thousand dollars ($5,000) for your willful and repeated violations.  xzThis forfeiture amount was determined after consideration of the factors set forth in Section  x503(b)(2) of the Communications Act, taking into consideration the nature, circumstances, extent and gravity of the violations.   xIn regard to this forfeiture, you are afforded a period of thirty (30) days from the date of  x/this Notice "to show, in writing, why a forfeiture penalty should not be imposed or pay the"%',=(=(JJ%"  x=forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced  x>shall include a detailed factual statement and such documentation and affidavits as may be  x@pertinent." 47 C.F.R. Section 1.80(f)(3). Other relevant provisions of Section 1.80 are summarized in the attachment to this Notice. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x x` `  hhRoy J. Stewart, Chief x` `  hhMass Media Bureau "#',=(=(JJ%"Ԍ ATTACHMENT STATION KNONFM ANNOUNCEMENTS:  Xv- x"Ladies' and men's night until 10 both nights." (Price information)   lx"Longhorn Saloon....Food's great. The atmosphere is unparalleled in any establishment, and warm service, great employees...." (Qualitative descriptions)   x"Coming to town? Why shop around? Try Tratech Trophies and Copy Center. Tratech  xTrophies has everything you need: copies, tshirts, business cards, plaques, ribbons and much  xmore. We're located at....Open Monday through Friday, 10:30 to 7:00 P.M., Saturday, 9:30 to  x02:00 P.M. The number is....or fax us at....Mention KNON and receive a 10% discount on arrival." (Call to action and price information)   x"This is Stevie D. with Stevie D. Productions and Stevie D's allnew Tuesday Night  xHouse Party....Yes, I have a new club on Tuesday. This club holds 1,800 people. A big theater video screen. State of the art lights and sound." (Qualitative descriptions)   x"The Rusty Anchor is a Cajun seafood restaurant....Some of the specialty dishes include  xZa wide variety of seafood cooked to order, live crawfish, and allyoucaneat catfish on Sundays." (Implied price information)   x"Blue Suede Shoe...The only store in Deep Ellum where you can find...." (Not qualitative description in context of "sole" store) SAMPLE PROPOSED ANNOUNCEMENTS  XN- ' x"This program is sponsored in part by  .   is open from   until  ,  X7- xWednesday through Sunday nights. Thursday night   presents the   contest. Friday and  X - "x@Saturday nights   has live music with   this Friday night and   in concert this  X - #xSaturday night.   is located at  , and for more information their number is  . KNON  X-thanks   for their support of community radio at 89.3 FM."  X -  x"Great blues programming on KNON is possible in part by support from  .   is  X!- "x^a barbecue and blues club that is open daily from   until  .   serves barbecue,  xbeverages and blues daily. They feature all blues on their jukebox, and on Friday and Saturday  X#- xMnights they have live blues bands in the house. This Friday and Saturday   comes to  .  Xh$-KNON thanks   for their support of our great blues programming which airs...." "#',=(=(JJ%"Ԍ