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

In the Matter of                  )
                                 )
CALVARY BIBLE COLLEGE             )   EB-02-IH-0345
                                 )   Facility #8401
Licensee of Noncommercial         )
Educational Station KLJC(FM),     )
Kansas City, Missouri             )


                MEMORANDUM OPINION AND ORDER

     Adopted:  October 1, 2002                    Released:  
October 2, 2002

By the Chief, Enforcement Bureau:

                       I. Introduction

     1.   In this  Order, we admonish Calvary  Bible College 
(``Calvary''), licensee of noncommercial educational station 
KLJC(FM),   Kansas   City,    Missouri,   for   broadcasting 
advertisements and  conducting impermissible  fundraising in 
violation of 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.  Based 
on our review  of the facts and circumstances  of this case, 
we  conclude that  the licensee  has violated  the pertinent 
statutory  and  Commission   underwriting  rule  provisions.  
While we believe  that no monetary sanction  is warranted at 
this  time, we  find that  an admonishment  is necessary  to 
redress the statutory and rule violations.  

                       II.  Background
 
     2.   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).   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.  

     3.   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  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).

     4.   Notwithstanding  the  above,  the  Commission  has 
permitted   announcements  made   to  promote   ``transitory 
events'' occurring  in licensee service areas  such as local 
plays,  movies or  concerts, without  regard to  whether the 
events  are   sponsored  by  for-profit   or  not-for-profit 
entities,  as long  as  the announcements  are  not made  in 
return for consideration.  See  Commission Policy Concerning 
the   Noncommercial  Nature   of  Educational   Broadcasting 
Stations (``Policy Statement''), 90  FCC 2d 895, 911 (1982), 
recon.  granted, 97  FCC 2d  255, 264-65  (1984); Commission 
Policy  Concerning the  Noncommercial Nature  of Educational 
Broadcasting Stations (``Second Report  and Order''), 86 FCC 
2d 141, 151 (1981). 

                      III.  Discussion

     5.   The   Underwriting  Announcements.    We  received 
recorded  evidence  of   numerous  announcements,  allegedly 
broadcast by  KLJC(FM) on March  27, 2002, that  appeared to 
promote the  products or  services of  presumably for-profit 
entities.  By  inquiry letter dated  May 31, 2002,  we asked 
Calvary  to  comment  on  announcements made  on  behalf  of 
underwriters that included The  Veggie Tales' Show, Fernando 
Ortega's ``The  Storm Tour''  Concert, Wilson  & Associates, 
and Burrow Photography.  These  announcements are alleged to 
contravene the  statute, as  implemented and  interpreted by 
applicable Commission rules, precedent and policy.

     6.   The key facts in this case are not in dispute.  In 
its  June  20, 2002,  response,  Calvary  admitted that  the 
station broadcast the four sponsored announcements described 
in  our letter  of inquiry  and  set forth  in the  attached 
transcript; that  the sponsors are for-profit  entities; and 
that  it received  consideration  for  airing the  messages.  
While Calvary  acknowledges that  the announcements,  from a 
general  standpoint,   ``may  not   have  been   within  the 
Commission's guidelines,'' it argues that we should consider 
as  mitigating the  fact that  their broadcast  was made  in 
``ignorance'' and not ``intentional or a blatant disregard'' 
of  the pertinent  Commission rules  and policies.   Calvary 
further  represents  that it  has  since  taken measures  to 
``clarify and improve its underwriting policies.''

     7.   In addition, Calvary argues that the announcements 
made  on  behalf  of  The Veggie  Tales  Show  and  Fernando 
Ortega/Watermark's  ``The Storm  Tour''  were not  broadcast 
``solely  for  remuneration'' but  were  aired  in order  to 
inform  listeners  about   these  locally  happening  events 
consistent   with   the   ``transitory   event   exception'' 
contemplated in the Second  Report and Order.   Calvary also 
argues that  the fact that the  events took place in  a non-
profit venue, First Baptist Church of Raytown, mitigates any 
rule  violation that  may have  occurred.  Finally,  Calvary 
questions why we inquired  concerning the Burrow Photography 
announcement, which it regards as permissible.

     8.   We  find  that  all of  the  subject  underwriting 
announcements exceed 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,  for the 
reason  that they  encourage or  invite business  patronage, 
make prohibited price references, or depict the underwriters 
in  a   comparative  and  qualitative  manner.    We  reject 
Calvary's  argument that  its  concert events  announcements 
were  broadcast  consistent   with  the  ``transitory  event 
exception'' cited  above.  In  this case, the  admitted fact 
that the licensee received donations from the concerts' for-
profit  promoters, $1,500  from The  Veggie Tales  Show, and 
$2,359 from Fernando  Ortega/Watermark's ``The Storm Tour,'' 
along  with the  circumstance  that  the announcements  were 
aired by the station repeatedly five to six weeks in advance 
of the events, belies any  assertion that they were based on 
public-spirited  determinations rather  than the  licensee's 
private economic  considerations.  See Policy  Statement, at 
911; see also Second Report and Order, at 151.  Moreover, we 
do  not  consider  it  significant in  this  case  that  the 
concerts took place at a non-profit venue.  See, e.g., In re 
Isothermal Community  College (WNCW(FM)),  16 FCC  Rcd 21360 
(EB   2001)  (where   the  fact   that  concert   event  was 
``sponsored'' by not-for-profit  entity was found immaterial 
to the issue of compliance  with Section 399B because ticket 
proceeds  directly benefited  a  for-profit entity).1   More 
importantly, Calvary  has conceded  that the  concert events 
themselves    directly   benefited    for-profit   concerns.  
Consequently,  we  reject   any  suggestion  that  Calvary's 
broadcast promotion  of the  concerts was  permissible under 
Section 399B of the Act.

     9.   We next find that  the announcement made on behalf 
of   Burrow   Photography   appears  to   be   impermissibly 
promotional because  it represents that its  proprietor is a 
member of  the Professional Photographers of  America, which 
suggests   a   favorable   professional   qualification   or 
comparative   distinction.    See  Tri-State   Inspirational 
Broadcasting Corporation, 16 FCC  Rcd 16800 (EB 2001) citing 
Letter from the Chief, Investigations and Hearings Division, 
Enforcement   Bureau,   to   Station  KOUZ(FM)   (July   12, 
2000)(where   use   of    the   phrase   ``ICAR   gold-class 
certification''    to    describe   underwriter's    service 
qualifications  was found  impermissible).  We  further find 
that the announcement made on  behalf of Wilson & Associates 
was promotional  because it  improperly attempted  to induce 
business  patronage by  referring  to  its firm's  ``reduced 
rates'' on services and products.  See Public Notice.  

     10.  Finally,   Calvary's    professed   ignorance   of 
Commission underwriting  policy is  not a  mitigating factor 
warranting its  excusal from  liability for any  sanction we 
impose.    Licensees  are   responsible  for   learning  and 
complying with  the statutes  and rules administered  by the 
Commission.  See  In the  Matter of Rego,  Inc., 16  FCC Rcd 
16795, 16797  (EB 2001), citing Gaffney  Broadcasting, Inc., 
23 FCC 2d 912, 913 (1970).

     11.  Sanction.  In  view of the foregoing,  we conclude 
that a sanction is appropriate.   However, we do not believe 
a monetary sanction is necessary to redress the instant rule 
violations,  and instead  conclude that  an admonishment  is 
sufficient  at  this   time.   See  Note  to   47  C.F.R.   
1.80(b)(4).  
                                   
                      IV.  Ordering Clauses

     12.  Accordingly,  IT  IS  ORDERED that  Calvary  Bible 
College,  licensee  of   noncommercial  educational  station 
KLJC(FM),   Kansas  City,   Missouri,   IS  ADMONISHED   for 
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.

     13.  IT IS FURTHER  ORDERED that a copy  of this Notice 
shall be  sent, by Certified Mail/Return  Receipt Requested, 
to Calvary  Bible College, 15800 Calvary  Road, Kansas City, 
Missouri 64147-1341. 


                         FEDERAL COMMUNICATIONS COMMISSION


     
                         David H. Solomon
                         Chief, Enforcement Bureau
                         

Attachment

                         ATTACHMENT

The following text was transcribed from audio-taped 
recordings of underwriting announcements broadcast on 
KLJC(FM), Kansas City, Missouri, during the period March 11, 
2002, through April 19, 2002:

1.   The Veggie Tales Show  (60 seconds.)

First Voice:  Welcome.  It's Veggie Tales like you've never 
seen them before.  Live on stage, April 16th through the 
21st at the Midland Theater.  Have we got a show for you!

Second Voice:  Hi kids!  I'm Bob the Tomato!

Third Voice:  And I'm Larry the Cucumber!

First Voice:  That's right.  Join Bob, Larry and all their 
veggie friends for a first ever live show.  Tickets are 
available at Ticketmasters Outlets and the Midland Theater 
box office.  816-931-3330.  Or online at Ticketmasters.com.  
It's the award-winning Veggie Tales, live on stage April 
16th through the 21st at the Midland Theater.  Call 816-931-
3330.  It's Veggie Tales live!

2.   Fernando Ortega's ``The Storm Tour'' Concert  (60 
     seconds.) 

Two gifted artists; one extraordinary concert.  Fernando 
Ortega's ``The Storm Tour,'' with special guest, Watermark.  
Together, on one stage, Fernando Ortega and Watermark, 
performing their best-loved hits.  Plus, songs from 
Fernando's new album, ``Storm.''  And songs from Watermark's 
new album, ``Constant.''  Fernando Ortega and Watermark, in 
one incredible night of music, Friday, April 19th at the 
First Baptist Church of Raytown.  Calvary 88.5 KLJC welcomes 
Fernando Ortega and Watermark in concert.  Tickets available 
at Christian bookstores or online at 
christianhappenings.com.  Fernando Ortega at the First 
Baptist Church of Raytown, Friday, April 19th at 7:30 p.m.  


3.   Wilson & Associates  (30 seconds.)  

For  their financial  support of  Calvary 88.5,  we wish  to 
thank  Wilson &  Associates,  providers  of dental,  vision, 
prescription and chiropractic care membership plans.  Wilson 
& Associates  links with retailers and  doctors' offices for 
reduced rates on services and products.  913-768-9852.  Full 
or  part-time positions  available  as representatives;  not 
requiring buying or selling.   Wilson & Associates, 913-768-
9852.

4.   Burrow Photography  (30 seconds.)

Calvary 88.5 thanks Burrow Photography for their support.  
Jeff Burrow, a Calvary graduate, has owned and operated 
Burrow Photography for over seven years.  Jeff can be 
reached at 816-322-9263.  Jeff is a member of the 
Professional Photographers of America, and specializes in 
weddings, family portraits, and services, either on location 
or in-studio.  816-322-9263.





























_________________________

1 Petition seeking reconsideration on other grounds is 
currently pending.