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

In the Matter of                  )
                                 )
AMERICAN FAMILY ASSOCIATION       )   EB-03-IH-0427
                                 )
Licensee of Noncommercial         )   Facility Nos. 88121, 82835
Educational Stations WAEF(FM),    )
Cordele, Georgia                  )
WBJY(FM), Americus, Georgia


                MEMORANDUM OPINION AND ORDER

     Adopted:  April 12, 2004                Released:  
April 12, 2004

By the Deputy Chief, Investigations and Hearings Division, 
Enforcement Bureau:

                       I. Introduction

     1.   In  this   Order,  we  admonish   American  Family 
Association (``AFA''), licensee of noncommercial educational 
Stations WAEF(FM), Cordele, Georgia, and WBJY(FM), Americus, 
Georgia,  for broadcasting  advertisements  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.   We have carefully 
reviewed  the  record,  including the  complaint  and  AFA's 
response, and  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.   In  response to  a listener  complaint that  AFA's 
noncommercial stations had aired commercial advertising,1 we 
issued  two  letters  of  inquiry  to  the  licensee.2   AFA 
responded  to  our  December   1,  2003,  inquiries  by  its 
submissions  dated December  31,  2003.3 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.4  
Although   noncommercial   educational  stations   may   not 
broadcast   advertisements,   contributors   of   funds   to 
noncommercial stations may receive on-air acknowledgements.5  
The Commission  has held  that such acknowledgements  may be 
made  for  identification  purposes  only,  and  should  not 
promote the contributors' products, services, or business.6  

     3.   Specifically, such  announcements may  not contain 
comparative or qualitative  descriptions, price information, 
calls  to  action, or  inducements  to  buy, sell,  rent  or 
lease.7     At the  same time,  however, the  Commission has 
acknowledged that  it is  at times difficult  to distinguish 
between announcements that promote versus those which merely 
identify  the underwriter.   Consequently,  it expects  only 
that licensees  exercise reasonable, good-faith  judgment in 
this area.8   In sum, the Commission will  defer to licensee 
judgments that  are made in  good faith and  are objectively 
reasonable.9 

                      III.  Discussion

     4.   The key  facts in  this case  are not  in dispute.  
AFA represents  that it received general  contributions from 
Dr. Joel M. Johnson and  that Stations WAEF(FM) and WBJY(FM) 
aired announcements  acknowledging his support.10   AFA also 
admits that the  announcements, since discontinued, departed 
from  its  own  internal  underwriting  guidelines  and  the 
Commission's requirements.11 AFA further represents that the 
announcement  made over  WBJY(FM)  encouraging listeners  to 
attend the  Jacki Velasquez concert was  ``spontaneous'' and 
uncompensated, and  argues that  it therefore  constituted a 
``public service announcement'' that did not violate Section 
399B  of the  Act.12  AFA  represents that  the announcement 
made  over WBJY(FM)  on behalf  of Owens  Sporting Goods  of 
Albany was a ``free  sample,'' and uncompensated, but admits 
that  its message  did not  comply  with either  its own  or 
Commission underwriting guidelines.13  

     5.   We    find   that    the   subject    underwriting 
announcements  made on  behalf of  Dr. Joel  M. Johnson  and 
Owens Sporting Goods of Albany  exceed the bounds of what is 
permissible  under   Section  399B  of  the   Act,  and  the 
Commission's pertinent rules and policies, under the ``good-
faith'' discretion  afforded licensees under  Xavier, supra, 
because they encourage listeners to patronize the for-profit 
underwriters' services or  businesses, or otherwise describe 
the  underwriters  in  prohibited  comparative,  qualitative 
terms, and  were made  in exchange for  consideration.14  We 
agree that  the announcement  promoting the  Jacki Velasquez 
concert was  acceptably aired  pursuant to  the ``transitory 
event''   exception    that   pertains    to   uncompensated 
announcements   concerning   local    events   of   listener 
interest.15 In  view of  the foregoing,  we conclude  that a 
sanction is appropriate.   Given the unblemished enforcement 
record of the licensee of the stations involved, and in view 
of the totality  of circumstances of this  case, we conclude 
that  an  admonishment,  and  not a  monetary  sanction,  is 
appropriate.16                

                      IV.  Ordering Clauses

     6.     Accordingly, IT IS  ORDERED that American Family 
Association, licensee of  noncommercial educational Stations 
WAEF(FM), Cordele, Georgia, and WBJY(FM), Americus, Georgia, 
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.

     7.   IT IS FURTHER ORDERED, that the complaint filed in 
this matter IS  GRANTED to the extent  indicated herein, and 
IS OTHERWISE DENIED, and  the complaint proceeding IS HEREBY 
TERMINATED.17












     8.   IT  IS  FURTHER  ORDERED   that  a  copy  of  this 
Memorandum  Opinion and  Order shall  be sent,  by Certified 
Mail  -- Return  Receipt  Requested, to  Patrick J.  Vaughn, 
Esq.,  Counsel for  American  Family  Association, P.O.  Box 
2440, Tupelo, Mississippi 38803, and to the complainant.


                         FEDERAL COMMUNICATIONS COMMISSION



                         William D. Freedman
                         Deputy  Chief,  Investigations  and 
Hearings Division
                         Enforcement Bureau





































                        Attachment A

Set forth below is the text of an announcements aired on 
Station WAEF(FM), Cordele, GA, and/or WBJY(FM), Americus, 
Georgia, between August and December, 2003:

Dr. Joel M. Johnson (45 seconds)

For surgical excellence that's close to home, Dr. Joel M. 
Johnson offers both the advanced care and convenience you 
deserve, for all your general and vascular surgery needs.  
You may contact Dr. Joel M. Johnson at the South Georgia 
Surgical Clinic at 382-9733.  Dr. Johnson's lifelong 
commitment has been to help people live whole, healthy lives 
and he is confident that you will notice this the moment 
that you meet.  Dr. Joel M. Johnson is a proud underwriter 
of positive Christian music in South Georgia.  382-9733. 

Jackie Velazquez (15 seconds)

[Announcement aired while station host introduces the 
artist's recording]:  

And now here's Jackie Velazquez.  She's going to be at Wild 
Adventures tomorrow night, did you know that?  Don't miss 
it!

Owens Sporting Goods of Albany (30 seconds) 

This sports report is brought to you by Owens Sporting Goods 
of Albany.  Owens has a huge selection of sports equipment 
and clothing for families, churches, recreational 
departments, and schools, including team logo merchandise.  
So be sure to see the good folks at Owens Sporting Goods for 
that.




_________________________

1  See Letter  of  Complainant to  Fred  L. Broce,  District 
Director, FCC, dated September 10, 2003 (``Complaint'').

2 See Letters of William D. Freedman, Deputy Division Chief, 
Investigations &  Hearings Division, Enforcement  Bureau, to 
American   Family  Association,   dated  December   1,  2003 
(``LOIs'').

3  See Letter  of Patrick  J, Vaughn,  Counsel for  American 
Family   Association,   to   Kenneth   M.   Scheibel,   Jr., 
Investigations  &  Hearings  Division,  Enforcement  Bureau, 
dated December  31, 2003 (``WAEF(FM) Response'');  Letter of 
Patrick J, Vaughn, Counsel  for American Family Association, 
to  Kenneth  M.  Scheibel, Jr.,  Investigations  &  Hearings 
Division,  Enforcement  Bureau,   dated  December  31,  2003 
(``WBJY(FM) Response'')
 
4 47 U.S.C. 399b(a).  

5 See  Commission Policy Concerning the Noncommercial Nature 
of Educational Broadcasting  Stations (1986), Public Notice, 
republished,  7  FCC  Rcd 827  (1992)  (``Public  Notice''); 
Commission  Policy Concerning  the  Noncommercial Nature  of 
Educational  Broadcasting Stations,  Memorandum Opinion  and 
Order  (``1982 Policy  Statement''), 90  FCC 2d  895 (1982), 
recon. granted in  part, 97 FCC 2d 255 (1984).

6 Id.

7 Id. 

8 See Xavier University, Memorandum Opinion and Order, 5 FCC 
Rcd 4920 (1990).
 
9   See  Minority   Television   Project,  Inc.   (KMTP-TV), 
Forfeiture Order,  18 FCC  Rcd 26611 (EB  2003) (application 
for  review pending);  Window to  the World  Communications, 
Inc. (WTTW(TV)),  Notice of  Apparent Liability,  DA 97-2535 
(MMB December 3,  1997), Forfeiture Order, 15  FCC Rcd 10025 
(EB 2000) (forfeiture reduced).

10WAEF(FM) Response at 1-2. 

11 Id. 

12 WBJY(FM) Response at 1-2. 

13 Id.  AFA indicates that this  particular announcement was 
uncompensated but was  aired in order to  encourage the sale 
of a larger underwriting package to the merchant.

14The announcements  made on behalf  of Dr. Joel  M. Johnson 
were supported  by consideration  consisting of  his monthly 
contributions to the licensee.   See WAEF(FM) Response at 2.  
Because the  announcement made  on behalf of  Owens Sporting 
Goods of Albany was aired in  order to encourage the sale of 
a  larger   underwriting  package   to  the   merchant,  AFA 
reasonably anticipated consideration.  See WBJY(FM) Response 
at  1-2; 1982 Policy  Statement, 90  FCC 2d  895, 911,   26 
(1982)(public  broadcasters   are  prohibited   from  airing 
announcements promoting ``an entity or individual's goods or 
services  where  the   broadcaster  receives  or  reasonably 
anticipates   the  receipt   of   consideration  from   such 
individual or entity'').
 
15 1982  Policy Statement, 90  FCC 2d 895, 911-12,   26-29 
(1982).

16 See 47 C.F.R.  1.80 (b)(4). 
17
 For purposes of the proceeding initiated by this Memorandum 
Opinion  and Order,  AFA shall  be  the only  party to  this 
proceeding.