Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



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

In the Matter of                  )
                                 )
FAMILY LIFE EDUCATIONAL           )   EB-02-IH-0483
FOUNDATION                        )   Facility #43156
                                 )   NAL/Account No. 200232080022
                                 )   FRN #0007570518 
Licensee of Noncommercial         )
Educational Radio Station 
KOUZ(FM), Alexandria, Louisiana

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

     Adopted:  August 27, 2002                    Released:  
August 28, 2002

By the Chief, Enforcement Bureau:

                       I. Introduction

     1.   In   this  Notice   of   Apparent  Liability   for 
Forfeiture (``NAL''),  we find that Family  Life Educational 
Foundation  (``Family  Life''),  licensee  of  noncommercial 
educational radio  station KOUZ(FM),  Alexandria, Louisiana, 
apparently violated  Section 399B of the  Communications Act 
of 1934,  as amended  (``the Act''), 47  U.S.C.   399b, and 
Section  73.503  of  the  Commission's rules,  47  C.F.R.   
73.503,   by    willfully   and    repeatedly   broadcasting 
advertisements.   Based  on  our  review of  the  facts  and 
circumstances of this case, we  conclude that Family Life is 
apparently liable for a monetary forfeiture in the amount of 
Two Thousand Dollars ($2,000.00).

                       II.  Background

     2.   This case  arises from  a complaint  alleging that 
noncommercial   station    KOUZ(FM)   broadcast   prohibited 
underwriting announcements on March  7, 2002.  The complaint 
alleges    that   KOUZ(FM)'s    broadcast   of    prohibited 
advertisements  has  continued  since July,  2000,  when  we 
cautioned Family Life to  comply with our underwriting rules 
following an  earlier complaint.1  By letter  dated June 11, 
2002, we inquired of the licensee.

     3.   Advertisements are  defined by the Act  as program 
material broadcast  "in exchange  for any  remuneration" and 
intended to  "promote any service, facility,  or product" of 
for-profit entities.  47 U.S.C.   399b(a).  As noted above, 
noncommercial   educational  stations   may  not   broadcast 
advertisements.    Although   contributors   of   funds   to 
noncommercial stations may  receive on-air acknowledgements, 
the Commission  has held  that such acknowledgements  may be 
made  for  identification  purposes  only,  and  should  not 
promote the contributors' products, services, or business.  

     4.   Specifically, such  announcements may  not contain 
comparative or qualitative  descriptions, price information, 
calls to action, or inducements to buy, sell, rent or lease.  
See Public  Notice, In the  Matter of the  Commission Policy 
Concerning   the   Noncommercial   Nature   of   Educational 
Broadcasting  Stations (1986),  republished, 7  FCC Rcd  827 
(1992) (``Public Notice'').  At  the same time, however, the 
Commission has acknowledged that it is at times difficult to 
distinguish between language that promotes versus that which 
merely identifies the underwriter.  Consequently, it expects 
only that licensees exercise reasonable, good-faith judgment 
in this area.  See Xavier University, 5 FCC Rcd 4920 (1990).
       
                      III.  Discussion

     5.   At  issue  are  three  underwriting  announcements 
admittedly  broadcast  by  the station  earlier  this  year.  
Family Life  contends that  two of the  announcements, those 
made on behalf of Emmanuel Christian Books and Music and The 
Lifestyle 2002  Home Show, comply  with Section 399B  of the 
Act  because the  former  message was  aired  as a  ``public 
service  announcement,''  for  which the  licensee  did  not 
receive  consideration,  and  the  latter  announcement  was 
broadcast  on behalf  of  a  non-profit trade  organization.  
However, Family  Life admits  that the announcement  made on 
behalf  of Turning  Point Solutions  Group was  promotional, 
and, because it was aired  in exchange for consideration and 
on behalf of a for-profit  sponsor, it violates Section 399B 
of  the Act.   Family  Life claims  that  the Turning  Point 
announcement was aired once a  day from February 19 to March 
10, 2002;  from March 12 to  April 2, from April  5 to April 
18, on  May 20, May  22, and from  May 24 to June  17, 2002.  
Family  Life further  represents that  the announcement  was 
aired twice a  day on April 19, May 19, May  21, and May 23, 
for a total of 120 times.2   

     6.   The  licensee also  acknowledges that  it has  not 
been  sufficiently   diligent  in  overseeing   its  staff's 
preparation of underwriting announcements but claims that it 
has, since  receiving our  latest inquiry,  taken corrective 
action  in order  ``to avoid  future lapses.''   Family Life 
also asserts that  it receives only a  modest station income 
and that this constraint has  diminished its ability to hire 
qualified  and  knowledgeable   station  personnel  properly 
versed in enhanced underwriting policy.  Until it is able to 
hire  such  personnel,  Family   Life  represents  that  its 
president, A.T.  Moore, will  personally participate  in the 
review process.

     7.   We  have carefully  reviewed  the allegations  and 
evidence in this case, and find that Family Life's broadcast 
of  the  announcement  made   on  behalf  of  Turning  Point 
Solutions Group  exceeded the bounds of  what is permissible 
under  Section  399B  of   the  Act,  and  the  Commission's 
pertinent rules and policies, in light of the ``good faith'' 
discretion afforded licensees under  Xavier, supra.  In this 
regard, the announcement  seeks impermissibly to distinguish 
favorably the  underwriter from its competitors  by implying 
that  it offers  superior service,  and also  urges business 
patronage.   We further  note  that, on  July  12, 2000,  we 
cautioned Family  Life regarding its broadcast  of similarly 
impermissible underwriting announcements, and that our prior 
warning has  evidently gone  unheeded.  Moreover, we  do not 
find mitigating Family Life's claim,  even if true, that its 
inability  to  afford  to hire  properly  trained  personnel 
contributed to  its apparent rule  violation.  Noncommercial 
licensees are responsible for complying with Section 399B of 
the Act.  See, e.g.,  Minority Television Project, Inc.  (DA 
02-1945),  ___  FCC  Rcd  ___  (released  August  9,  2002).  
Consequently,  we   believe  a  monetary   sanction  appears 
warranted.  Section 1.80 of the Commission's rules specifies 
that the base  amount for an underwriting  rule violation is 
$2,000.  In this case, we  believe that no adjustment upward 
or downward is warranted and that the base forfeiture amount 
is appropriate.  See 47 C.F.R.  1.80(b)(4).       
      
                    IV.  Ordering Clauses

     8.     In  view of  the foregoing,  we conclude  that a 
monetary sanction is  appropriate.  Accordingly, pursuant to 
Section  503(b)  of  the  Communications  Act  of  1934,  as 
amended,  and   Sections  0.111,  0.311  and   1.80  of  the 
Commission's  rules,  Family  Life  Educational  Foundation, 
licensee  of  noncommercial  educational  station  KOUZ(FM), 
Alexandria, is hereby NOTIFIED of its APPARENT LIABILITY FOR 
A  FORFEITURE   in  the  amount  of   Two  Thousand  Dollars 
($2,000.00)  for   willfully  and   repeatedly  broadcasting 
advertisements in violation  of Section 399B of  the Act, 47 
U.S.C.  399b, and Section 73.503 of the Commission's rules, 
47 C.F.R.   73.503,  approximately 120 times  from February 
19, 2002 through June 17, 2002.

     9.   IT IS FURTHER ORDERED, pursuant to Section 1.80 of 
the  Commission's  rules, that  within  thirty  days of  the 
release  of this  Notice,  Family Life  SHALL  PAY the  full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 
forfeiture.

     10.  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  MUST INCLUDE the FCC  Registration Number (FRN) 
referenced  above and  also  should note  the NAL/Acct.  No. 
referenced above.

     11.  The response, if any, must be mailed to Charles W. 
Kelley,   Chief,  Investigations   and  Hearings   Division, 
Enforcement Bureau,  Federal Communications  Commission, 445 
12th Street, S.W, Room 3-B443,  Washington DC 20554 and MUST 
INCLUDE the NAL/Acct. No. referenced above.

     12.  The  Commission  will  not  consider  reducing  or 
canceling a forfeiture  in response to a  claim of inability 
to  pay  unless  the  respondent 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 
respondent'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.

     13.  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. 20554.3

     14.  IT IS FURTHER  ORDERED that a copy  of this Notice 
shall be  sent, by Certified Mail/Return  Receipt Requested, 
to  Family  Life  Educational Foundation,  6652  North  Club 
Drive, Shreveport, Louisiana 71107. 

                         FEDERAL COMMUNICATIONS COMMISSION

     
                         David H. Solomon
                         Chief, Enforcement Bureau
                            ATTACHMENT

The following text was transcribed from an underwriting 
announcement broadcast on KOUZ(FM), Alexandria, Louisiana, 
during the period February 19, 2002 through May 23, 2002.


Turning Point Solutions Group  

Did the last computer technician you called leave you with 
more wires disconnected than connected?  Let me introduce 
you to the Rely-A-Tech program from Turning Point Solutions 
Group.  Rely-A-Tech is a commitment between you and Turning 
Point to ensure your systems receive regular attention to 
keep them healthy.  Don't wait `til problems cause 
breakdowns or to find out your back-up system's not backing 
you up.  Turning Point Solutions Group can help your system 
meet its business needs.  Turning Point Solutions.  442-
0044.











_________________________

1 See Letter of the Chief, Investigations and Hearings 
Division, Enforcement Bureau, to Family Life Educational 
Foundation (KOUZ(FM)), dated July 12, 2000.
 
2 See Attachment 1 to Family Life's Response dated July 8, 
2002.

3 See 47 C.F.R.  1.1914.