WPC 2?BJZECourier3|j#Xj\  P6G; XP#HP LaserJet 4M (PCL)_8302HPLA4MPC.PRSx  @\\AX@ X-#Xj\  P6G; XP#2,qKXCourierTimes New Roman"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd<?xxx,x6X@`7X@7jC:, Xj\  P6G;XP-obecmxt@@@@}@fHfPf@2:^En Z- 3|j X-#Xj\  P6G; XP#HP LaserJet 4M (PCL)_8302HPLA4MPC.PRSx  @\\AX@CourierTimes New RomanTimes New Roman Bold2KlKK ZM "i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDddddddfx6X@`7X@ 7jC:, Xj\  P6G;XP7nC:,Xn4  pG;X<R&HHH,D,H6X@`7h@W!@(#,9h@\  P6G;hPOG  Courier NewHP LJet 4M (PCL)_8302HPLA4MPC.PRSx  @\\AX@2 X-x` `  hh@hpp   DA 961324  X-+2 Before the w Federal Communications Commission  X-Washington, D.C. 20554 ă In the Matter of Liability of Fernal, Inc., Former Licensee Station KHTHAM Dillon, Colorado For a Forfeiture  X-  MEMORANDUM OPINION AND ORDER  Xb-Adopted: August 13, 1996 Released: August 20, 1996 !E  By the Chief, Mass Media Bureau: x1. The Commission by the Chief, Mass Media Bureau, acting pursuant to authority delegated by Section 0.283 of the Commission's Rules, has before it for consideration (1) a  X-Notice of Apparent Liability (NAL), Fernal, Inc., 10 FCC Rcd 13652 (MMB 1995), assessing  X-a forfeiture of $6,000 against Fernal, Inc.,Z X:<ԍ #Xj\  P6G; XP#Station KHTHAM is presently licensed to Alameda Enterprises, Inc., whose controlling shareholder was the controlling shareholder of Fernal, Inc., as well. for violation of 18 U.S.C. Section 1304 and Section 73.1211 of the Commission's Rules (broadcast of lottery information), and (2) a response filed January 11, 1996, by Fernal, Inc. x2. In its response, Fernal, Inc., seeks reduction and/or cancellation of the forfeiture on the basis of its history of overall compliance with Commission Rules and its specific good faith efforts to address and correct the violation at issue here. In this latter regard, the licensee notes that it discovered and eliminated the lottery announcements before our initial  X -letter of inquiry was mailed to it.O bZ X#<ԍ#Xj\  P6G; XP# The NAL cited two advertisements that promoted lottery activities, and noted that it was not clear from the pleadings whether one or both had been pulled from the air. The responsive pleading makes specific mention of both commercial spots being pulled.O  X-x3. We agree that a reduction is warranted. In Calnevar Broadcasting, Inc., 10 FCC Rcd 13027 (MMB 1995), we assessed a forfeiture of $4,000 for a violation of the antilottery provisions that had been mitigated by the licensee's good faith efforts to comply with these"!0*0*0* " requirements. At the same time, we specifically rejected a claim of overall compliance with Commission Rules. Here, Fernal, Inc., has established both a history of overall compliance and a record of good faith. Under these circumstances, we believe that a forfeiture of $2,000 is appropriate. x4. Accordingly, the response of Fernal, Inc., IS GRANTED to the extent indicated herein, and IS DENIED in all other respects. IT IS ORDERED that Fernal, Inc., former licensee of Station KHTHAM, Dillon, Colorado, FORFEIT to the United States the sum of two thousand dollars ($2,000) for repeated violation of 18 U.S.C. Section 1304 and Section 73.1211 of the Commission's Rules. Payment of the forfeiture must be made by mailing to the Commission, at the address indicated in the attachment to this Memorandum Opinion and Order, a check or similar instrument payable to the Federal Communications Commission. In regard to the forfeiture proceeding, the licensee may take any of the actions set forth in Section 1.115 of the Commission's Rules. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhRoy J. Stewart, Chief x` `  hhMass Media Bureau