WPCI6 2HBX@ Z3|P (TT)Times New Roman (TT)Times New Roman (Bold) (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[SSSSSSSXPPS - PSt 4/4MOM 228 LPT1XPPSPS.WRSSC\  P6QG"jP29 z3R3|jTimes New Roman (TT)Times New Roman (Bold) (TT)7PC2X DXP\  P6QXP.7UC2XxXU4  pQX5PC2X3EXP*f9 xQXXSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN7PC2X XP\  P6QXP.?7UC2XXU4  pQX5PC2X3XP*f9 xQXXd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxdTimes New RomanTimes New Roman BoldTimes New Roman Italic"i~'^:DpddȨDDDdp4D48ddddddddddDDpppd|Ld|pȐD8DtdDdpXpXDdp8Dp8pdppXLDpdddXP,PhD4htDDD4DDDDDDdDp8dddddȐXXXXXJ8J8J8J8pddddppppddpddddzpdddXXhXXXXXdddhdptL8LpLDLpphhp8ZDP8pppddƐXXXpLpLpLphfDtppppppȐhXXXpDppLDd4ddC6CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxHjdDdddddd8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d""/>/>/>/x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxIxIxWxIx{nInInInISSSWS]a?/?]?9?]]WW]n/nKn9nCn/x]xx]x]SSxxIxIxI]?]?]?]WnUn9nax]x]x]x]x]x]xxWnInInIx]n9x]]?n9xSz+SS8-8WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNd<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd    2;&@{1@@""5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd"5@^(1<7PC2X XP\  P6QXP.?7UC2XXU4  pQX@5PC2X3XP*f9 xQXXAW!0(Xh0\  P6QhPBI(!XHs,(\  P6Q,P.y.G8*XNG4  pQ"5@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c77PC2X XP\  P6QXP.?7UC2XXU4  pQX@5PC2X3XP*f9 xQXXAW!0(Xh0\  P6QhPBI(!XHs,(\  P6Q,P.Cy.G8*XNG4  pQ{,C8*X3-qC*f9 xQXWPCIWWqWWI(!(8<(5<5<5(<two months after the WTVT decision and were, therefore, on notice as to the new standard.  X- xKABCTV and WCPOTV, released after WTVT, did not, as Complainants contend, set new  xzstandards. Rather, they are simply Bureau rulings which, in each case, explain why the data  X- xsubmitted by the complainants was insufficient to comply with the WTVT standard. Consequently, the Bureau properly excluded Complainants' supplementary showing.   @x12. Turning to the question of rebates, we uphold the Bureau's finding that the mere  Xe- xissuance of rebates is not, in and of itself, sufficient to establish a prima facie case of an LUC  xviolation. While we agree that the issuance of rebates indicates that purchasers of time were  xyinitially charged more than the lowest unit rate, we have recognized that this may occur for any  xnumber of reasons, not all of which constitute violation of our rules. Stations will frequently  xneed to review their sales records after the fact in order to determine the accurate lowest unit  X - xcharge. Were the mere issuance of rebates to be prima facie evidence of a violation, stations  xwould be discouraged from conducting such audits and issuing rebates unless a complaint has  xjbeen filed. Although in the instant case, the licensee did not issue rebates until more than one  xiyear after the election, the election at issue was held before we enunciated our "timeliness" policy  xMin 1991, and the Bureau properly did not apply that new standard. We reject Complainants'  X- xargument that the FCC's 1984 Political Primer required Station WCPX to issue "timely" rebates  Xn- x<before 1991. The FCC's 1984 Political Primer simply states that "postelection restitution" does  xnot excuse past violations. 100 FCC 2d at 1517. The Bureau's ruling does not hold otherwise.  xThe Bureau did not find that rebates remedy or excuse violation of our rules. Rather, the Bureau  X+- xheld that evidence of rebates does not, without more, constitute a prima facie case of an LUC  xLviolation. Thus, there is no merit to Complainants' contention that an LUC violation can never be found so long as a licensee issues rebates.  X-  |x13. We also uphold the Bureau's finding that Complainants did not establish a prima  X- x<facie case that Station WCPX misled or attempted to "steer" them toward the purchase of higher xxpriced spots. While Complainants may now argue over the meaning of the word "suggested" and  xxmay raise questions about the station's rate card, in the absence of any evidence that they or their  xrepresentatives were actually confused or misled by the station's rate card at the time the spots  Xb- xwere purchased, we cannot find a prima facie case of steering. bS yO- xԍ In fact, as the Bureau noted, their understanding of the rates enabled them to purchase both fixed and preemptible time from the station. Complainants' allegations that  xcandidates may have purchased time at the higherpriced commercial fixed rate, instead of the  xlowerpriced candidate "suggested" rate, does not persuade us otherwise. The record before us  xMreveals only one instance where a Complainant purchased time at the commercial fixed rate.  xMoreover, the station has explained that the sale of commercial fixed time to candidates was rare and that rebates were issued.   lx14. Finally, we reject the licensee's request that we reconsider our general acceptance of  X"- xkSCOOPbased estimates. As was stated in WTVT, without the use of such data, it would be  X#- xdifficult for a candidate to demonstrate a prima facie case of an LUC violation, and we will"#  ,-(-(ZZe""  x.continue to accept such data, as long as it is utilized together with the specific station's actual ratings.   x15. Accordingly, for the reasons set out above, Complainants' application for review is DENIED. x` `  hh@FEDERAL COMMUNICATIONS COMMISSION x` `  hh@William F. Caton  X -x` `  hh@Acting Secretary