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

In the Matter of                  )
                                 )   Facility # 124554
Licensee of Low Power             )
Noncommercial Station KUAL-LP,    )
Enid, Oklahoma                    )


Adopted:  August 20, 2004                                        
Released: August 23, 2004

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


     1.   In this Memorandum Opinion  and Order, we admonish 
Enid Public  Radio Association  (``Enid''), licensee  of low 
power  noncommercial educational  FM Station  KUAL-LP, Enid, 
Oklahoma,  for broadcasting  advertisements in  violation of 
section 399B of  the Communications Act of  1934, as amended 
(the ``Act''),1  and section 73.503(d)2 of  the Commission's 
rules.   We have  carefully reviewed  the record,  including 
Enid'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, based on the entire circumstances of 
this  case, we  find that  an admonishment  is necessary  to 
redress  the statutory  and rule  violations.  Moreover,  we 
believe that  it is appropriate to  specifically advise Enid 
of  our  concerns  so  that rule  compliance  may  be  fully 


     2.   In response to a  complaint received by our Dallas 
Field  Office, we  inquired of  the licensee  concerning its 
underwriting announcements.  Enid  responded to our December 
10, 2003, inquiry3 by its submission dated January 2, 2004.4  
In  its response,  Enid acknowledges  that it  broadcast the 
inquired  of underwriting  announcements  during the  period 
June 5,  2002, through June  19, 2002, on  Station KUAL-LP.5  
Enid  indicates  that  since   receiving  our  LOI,  it  has 
initiated   procedures    to   ensure    that   underwriting 
announcements will undergo more stringent staff review prior 
to broadcast.6  


     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.7  As  the Commission  has  long  held, 
noncommercial   educational  stations   may  not   broadcast 
advertisements.8    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.9  

     4.   Specifically, such  announcements may  not contain 
comparative or qualitative  descriptions, price information, 
calls  to  action, or  inducements  to  buy, sell,  rent  or 
lease.10   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.11  

     5.   The key  facts in  this case  are not  in dispute.  
Enid admits that Station KUAL-LP broadcast the announcements 
described  in our  letter of  inquiry and  set forth  in the 
attached  transcript;  that   the  sponsors  are  for-profit 
entities; and  that, with the exception  of the announcement 
made on  behalf of  Remax Premier  Realty, that  it received 
consideration for airing the  messages.  Enid claims that it 
broadcast the Remax announcement only once, due to confusion 
during  the staff's  script approval  process, and  that the 
other announcements  aired only during a  two-week period in 
June, 2002.12  Enid asserts that it has since taken steps to 
ensure   underwriting  rule   compliance  by   revising  the 
station's donor acknowledgment policy and practice.13

     6.   With  the  exception  of the  Remax  announcement, 
whose broadcast was not  made in exchange for consideration, 
we find  that the  other 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.   In  this   regard,  the 
announcements  seek to  promote  their underwriters  through 
comparative and qualitative descriptions and references that 
one could  not reasonably  believe would be  permitted under 
section  399B  of the  Act  and  the Commission's  pertinent 
rules,  and  are   thus  prohibited.   Notwithstanding  this 
finding, however,  we believe that a  monetary forfeiture is 
not necessary  to redress the statutory  and rule violations 
at  issue.   Enid  has  previously  enjoyed  a  blemish-free 
enforcement record.  

     7.   In  view  of the  foregoing,  we  conclude that  a 
sanction is  appropriate.  Accordingly,  IT IS  ORDERED that 
Enid  Public  Radio  Association,   licensee  of  low  power 
noncommercial    station   KUAL-LP,   Enid,   Oklahoma,   IS 
ADMONISHED for  broadcasting advertisements in  violation of 
section  399B of  the Act,  47  U.S.C. §  399b, and  section 
73.503(d) of the Commission's rules, 47 C.F.R. § 73.503(d).

     8.   IT  IS  FURTHER  ORDERED   that  a  copy  of  this 
Memorandum  Opinion and  Order shall  be sent,  by Certified 
Mail  --  Return Receipt  Requested,  to  Enid Public  Radio 
Association, 2122 West Maine, Enid, Oklahoma 73703.


                         William H. Davenport
                         Chief, Investigation & Hearings 
Division                                Enforcement Bureau


   Transcript of Underwriting Announcements Aired on LPFM 
  Station KUAL-LP, Enid, Oklahoma, from June 5 through June 
                          19, 2002:

Bradford Automotive Repair (30 seconds)

This portion of the news is brought to you by Bradford 
Automotive Repair.  Steve Bradford, he's been around for 22 
years, and that's a long time; a lot of repairs he's been 
doing here in Enid at 410 South Grant.  And he's open from 
8-5 Monday through Friday.  His phone number is 234-6635.  
That's 234-6635.  And he's a very experienced repairman.  
And he's a proud sponsor of 104.7, ``The Rocket.''

Bradford Automotive Repair (30 seconds)

MV:  Bradford Automotive Repair's at 410 South Grant is open 
from 8-5 Monday through Friday.  Steve Bradford¾a really 
nice guy¾too.  You know him, don't you, Jenny?

FV1:  I believe my Dad knows him actually.

MV:  Norman?

FV1: Yes.

MV:  Well, Steve Bradford has offered general automotive 
repair for 22 years.  And you know what, Anita?

FV2:  What?

MV:  That's a lot of repairs and a lot of satisfied 
customers, too.

FV2:  Yes!

MV:  Bradford Automotive Repairs can be reached at 234-6635.  
Bradford Automotive Repairs, a proud sponsor of our 
programming today on 104.7, ``The Rocket.''

Beds Unlimited  (30 seconds)

Beds Unlimited is located just south of Northcutt Toyota on 
Overland Trail.  They feature 90-day layaway on 
everything¾bedroom sets, adjustable beds, sofas, futons, and 
more.  They're an authorized Orthopedic Mattress dealer, and 
remember their slogan, ``if you haven't shopped Beds 
Unlimited, you're not saving money.''  Beds Unlimited, a 
fine sponsor of programming on 104.7, ``The Rocket.'' 

1 47 U.S.C. § 399b.

2 47 C.F.R. § 73.503(d) is a noncommercial broadcast rule 
applicable to LPFM licensees through incorporation by § 
73.801.  47 C.F.R. § 73.503(d) allows noncommercial stations 
to air announcements acknowledging underwriter or sponsor 
donations, but prohibits the broadcast of paid announcements 
that promote for-profit underwriters or sponsors.

3 See Letter of William D. Freedman, Deputy Chief, 
Investigations and Hearings Division, Enforcement Bureau, to 
Enid Public Radio Association, dated December 10, 2003 

4 See Letter of Ron Anderson, Director, Enid Public Radio 
Association, to William D. Freedman, Deputy Chief, 
Investigations and Hearings Division, Enforcement Bureau, 
dated January 2, 2004 (``Response'').

5 Response at 1.

6 Id.

7 47 U.S.C. §399b(a). 

8 See In the Matter of the Commission Policy Concerning the 
Noncommercial Nature of Educational Broadcasting Stations 
(1986), Public Notice, republished, 7 FCC Rcd 827 (1992) 
(``Public Notice''). 

11 See Xavier University, Memorandum Opinion and Order, 5 
FCC Rcd 4920 (1990). 

12  See Response at 1.
13 Id.