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

In the Matter of                  )
OHIO, INC.                        )   Facility ID No. 11126
                                 )   NAL/Account No. 200532080016
                                 )   FRN 0002990828
Licensee of Formerly              )
Noncommercial Educational         )
Station WCVZ(FM), South 
Zanesville, Ohio


Adopted:  December 6, 2004                           
Released:  December 7, 2004 

By the Chief, Enforcement Bureau:


     1.   In this Notice of Apparent Liability for 
Forfeiture (``NAL''), we find that Christian Voice of 
Central Ohio, Inc. (``Christian Voice''), licensee of 
formerly noncommercial educational  Station WCVZ(FM), South 
Zanesville, Ohio, has 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 apparently willfully and repeatedly 
broadcasting prohibited advertisements.  Based upon our 
review of the facts and circumstances of this case, we 
conclude that Christian Voice is apparently liable for a 
monetary forfeiture in the amount of $20,000.


     2.   This case arises from a complaint filed with the 
Commission in September 2003, alleging that then-
noncommercial educational Station WCVZ(FM) broadcast 
prohibited underwriting announcements during the month of 
August 2003.1  In April 2004, after the complaint had been 
filed but before the Enforcement Bureau (the ``Bureau'') had 
inquired into this matter, Christian Voice sought to modify 
its station's noncommercial educational license so that it 
could operate WCVZ(FM) as a commercial facility.2  By letter 
dated June 17, the Bureau inquired of the licensee 
concerning the allegations contained in the complaint.3  The 
licensee responded to the staff's inquiry by its filing 
dated July 19.4  Thereafter, the staff contacted the 
licensee's counsel and directed that Christian Voice file a 
further response specifically responding to the inquiries 
posed in the LOI, and also provide a sponsoring affidavit or 
declaration, also as required by the LOI.  Christian Voice 
further responded to the LOI on September 8, 2004.5  


     3.   Under section 503(b)(1) of the Act, any person who 
is determined by the Commission to have willfully or 
repeatedly failed to comply with any provision of the Act or 
any rule, regulation, or order issued by the Commission 
shall be liable to the United States for a forfeiture 
penalty.6  In order to impose such a forfeiture penalty, the 
Commission must issue a notice of apparent liability, the 
notice must be received, and the person against whom the 
notice has been issued must have an opportunity to show, in 
writing, why no such forfeiture penalty should be imposed.7  
The Commission will then issue a forfeiture if it finds, by 
a preponderance of the evidence, that the person has 
willfully or repeatedly violated the Act or a Commission 
rule.8  As described in greater detail below, we conclude 
under this procedure that Christian Voice is apparently 
liable for a forfeiture in the amount of $20,000 for its 
apparent willful and repeated violations of Commission's 
underwriting rules. 

    A.   Christian Voice Apparently Has Willfully and 
       Repeatedly Broadcast Advertisements in Violation of 
       Section 399B of the Act and Section 73.503 of the 
       Commission's Rules

     4.   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.9  The pertinent statute specifically 
provides that noncommercial educational stations may not 
broadcast advertisements.10  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.11  Specifically, such announcements 
may not contain comparative or qualitative descriptions, 
price information, calls to action, or inducements to buy, 
sell, rent or lease.12  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, the 
Commission expects only that licensees exercise reasonable, 
good-faith judgment in this area.13
     5.   At issue here are eleven underwriting 
announcements that Christian Voice admits that its station 
broadcast, not only during the month of August 2003 as 
alleged in the complaint, but throughout the period October 
2002 through December 2003.14  Christian Voice also 
acknowledges that it received remuneration for airing the 
messages on behalf of the station's underwriters, all of 
which are for-profit entities, and that ten of those 
messages were repeated  approximately 3,149 times.15   With 
respect to the announcements made on behalf of station 
underwriter Barnes Advertising, Christian Voice failed to 
identify the specific period of time that the station aired 
them, indicating only that those messages were broadcast 
``three times a day and four times a day on Saturdays.''16  
Because of this uncertainty, the total number of repetitions 
upon which we rely, 3,149, does not include the messages 
aired on behalf of Barnes Advertising.17   Christian Voice 
claims that, prior to its station's license modification to 
operate commercially, management followed the Commission's 
noncommercial underwriting rules and policies ``as best as 
they could discern the applicable standards.''18  

     6.   We have carefully reviewed the record in this 
case, and find that each of the eleven announcements at 
issue exceeds 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.  We so 
conclude because the announcements seek impermissibly to 
distinguish favorably their underwriters from competitors by 
directly stating or implying that they offer superior 
service or products, and the announcements, in many 
instances, also invite or urge business patronage.  
Moreover, the announcements were aired over a substantial 
period of time¾fifteen months.19 

     B.  Proposed Action

     7.   Section 503(b) of the Act and section 1.80(a) of 
the Commission's rules both state that any person who 
willfully or repeatedly fails to comply with the provisions 
of the Act, the rules or Commission orders shall be liable 
for a forfeiture penalty.20  The Commission's Forfeiture 
Policy Statement sets a base forfeiture amount of $2,000 for 
violation of the enhanced underwriting requirements.21  The 
Forfeiture Policy Statement sets forth a base forfeiture 
amount of $4,000 for failure to respond to Commission 
communications.22  The Forfeiture Policy Statement also 
specifies that the Commission shall adjust a forfeiture 
based upon consideration of the factors enumerated in 
section 503(b)(2)(D) of the Act, such as ``the nature, 
circumstances, extent and gravity of the violation, and, 
with respect to the violator, the degree of culpability, any 
history of prior offenses, ability to pay, and such other 
matters as justice may require.''23  

     8.   In this case, it appears that, from October 2002 
through December 2003, Christian Voice willfully and 
repeatedly broadcast advertisements in violation of section 
399B of the Act and section 73.503(d) of the Commission's 
rules.  We believe that a substantial forfeiture is 
necessary due to several factors, including the lengthy 
period of time over which the prohibited announcements were 
aired -- fifteen months -- and the great number of times 
that the announcements were repeated -- more than 3,149 -- 
indicating an utter failure of licensee practice and policy 
concerning its underwriting compliance responsibilities. 24  

     9.   In Minority Television Project NAL, the Bureau 
proposed a $10,000 forfeiture against a noncommercial 
educational broadcast licensee for nearly 2,000 violations 
of the Commission's underwriting rules over a 26-month 
period of time.25  In this case, Christian Voice broadcast 
substantially more prohibited announcements during a shorter 
period of time.  Accordingly, we find that a significantly 
higher apparent forfeiture is necessary and propose a 
$20,000 forfeiture.

     10.  Accordingly, applying the Forfeiture Policy 
Statement and the statutory factors to this case, we 
conclude that Christian Voice is apparently liable for a 
forfeiture in the amount of $20,000, for violating the 
Commission's underwriting rules.  We will not hesitate to 
take even stronger enforcement action against noncommercial 
educational licensees that engage in similarly egregious 
violations of our underwriting requirements.


     11.    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, Christian Voice of Central Ohio, Inc., 
licensee of former noncommercial educational Station 
WCVZ(FM), South Zanesville, Ohio, is hereby NOTIFIED of its 
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. § 
     12.  IT IS FURTHER ORDERED, pursuant to section 1.80 of 
the Commission's rules, that within thirty days of the 
release of this Notice, Christian Voice SHALL PAY the full 
amount of the proposed forfeiture or SHALL FILE a written 
statement seeking reduction or cancellation of the proposed 

     13.  Payment of the forfeiture must be made by mailing 
a check or similar instrument, payable to the order of the 
Federal Communications Commission.  The payment must include 
the NAL Acct. No. and FRN referenced above.  Payment by 
check or money order may be mailed to Forfeiture Collection 
Section, Finance Branch, Federal Communications Commission, 
P.O. Box 73482, Chicago, Illinois 60673-7482.  Payment by 
overnight mail may be sent to Bank One/LB 73482, 525 West 
Monroe, 8th Floor Mailroom, Chicago, IL 60601.  Payment by 
wire transfer may be made to ABA Number 071000013, receiving 
bank Bank One, and account number 1165259. 

     14.  The response, if any, must be mailed to William H. 
Davenport, Chief, Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, 445 
12th Street, S.W, Room 4-C330, Washington DC 20554 and MUST 
INCLUDE the NAL/Acct. No. referenced above.

     15.  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 

     16.  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. 20554.26

     17.  IT IS FURTHER ORDERED that a copy of this Notice 
shall be sent, by Certified Mail/Return Receipt Requested, 
to Christian Voice of Central Ohio, Inc., P.O. Box 783, New 
Albany, Ohio 43054, and to its counsel, David J. Kaufman, 
Esq., Brown Nietert & Kaufman, Chartered, Suite 817, 2000 L 
Street, N.W., Washington, DC 20036. 


                         David H. Solomon
                         Chief, Enforcement Bureau


The following text was transcribed by the confidential 
complainant from underwriting announcements broadcast over 
then-noncommercial educational Station WCVZ(FM), South 
Zanesville, Ohio. 

Tasty Freeze

Planning a special occasion?  Tasty Freeze, at the airport 
exit off of I-70, has ice cream cakes for that office 
celebration, birthdays, anniversaries, or for that special 
event you've planned.  These cakes, tastefully decorated by 
Bobby Tim, are available in 8 or ten inch.  Tasty Freeze, at 
the airport exit off of I-70, is open 7 days a week from 
noon until 10 p.m.  Also available at Tasty Freeze:  Hearth 
and Home Ohio Bicentennial candles by lum-lite, ice cream 
treats or ice cream cakes, it's Tasty Freeze, 588-9314.

 Runner Land Company

Are you looking for land for hunting, recreational purposes, 
home building or as an investment?  Runner Land Company, a 
family-owned business, purchases large parcels of property 
and farms in Ohio, West Virginia, and Pennsylvania, for the 
purpose of subdividing them into potential home sites or 
recreational lots.  Owner financing available, Runner Land 
Company for more than 16 years helping people become 
property owners.  Runner Land Company, we don't list 
acreage, we buy it.  Exit 41 off of I-77 in Byeville (740) 

Salon Priorities

Want the look you've always dreamed of?  Salon Priorities is 
a full service salon specializing in innovative hairstyles.  
Salon Priorities gas distinctive new styles to extenuate 
your features.  Salon Priorities, where the atmosphere is 
relaxed and friendly, Salon Priorities, your premier source 
for hair design, features Alterna and Kenra products.  Salon 
Priorities, 963 Linden Avenue, next to modern glass in 
Zanesville, Salon Priorities, hair with attitude head on, 

Williamson Insurance

``You reach a certain age where suddenly it's not about 
where are we gong to go on Friday night,''
[says] Phil Urban, president and CEO of Grange Insurance, 
``it's about children, and a mortgage, and responsibilities, 
and it can add up to a pretty good amount of money, and 
making sure you've got the right life insurance is 
absolutely a part of the strategy.''

Protecting your assets and debt is the key to your financial 
responsibility.  Grange Insurance is there and so is 
Williamson Insurance in Zanesville.  Williamson Insurance is 
your local independent Grange agent, whether it's home, 
farm, business or life insurance.  Williamson Insurances' 
personalized service and attention to detail can make a big 
difference in good times and bad.  All backed by the 
strength of Grange Insurance, Williamson Insurance, 453-
0791, and they're at 2115 Maple Avenue in Zanesville.  
Williamson Insurance is now located temporarily at 3562 
Maple Avenue in the Colony Center while they build to serve 
you better.

Prindle GMAC Real Estate

Prindle GMAC Real Estate is proud to be an underwriter of 
Christian radio, located at 1805 Maple Avenue in Zanesville.  
Prindle GMAC Real Estate is experience din all types of real 
estate sales.  At Prindle GMAC Real Estate, we're all about 
family.  Dick Pryor of Prindle GMAC Real Estate offers over 
25 years of home buying and home selling experience.  Dick 
Pryor and Prindle GMAC Real Estate, we love selling real 
estate.  Dick Pryor, 454-9191.

Snouffer Funeral Home

Snouffer Funeral Home with all the warmth of home.  This is 
Josh Snouffer, owner and funeral director of Snouffer 
Funeral Home, Zaneville's nicest, largest, and most 
affordable funeral home.  With the loss of a loved one, 
there are so many things to do.  That's why Snouffer Funeral 
Home is there for you.  Snouffer Funeral Home is here for 
you, with a convenient location, ample parking, large 
viewing rooms, a spacious chapel, and for your convenience, 
no steps, ramps, or elevators, an outdoor patio, and a 
special area for your children.  I extend my personal 
invitation for you and your family to discuss with me your 
pre-planning funeral needs; in-home visits are available.  
Snouffer Funeral Home, we are here for you, before, during, 
and after your loss.  Snouffer Funeral Home, 1150 West 
Military Road in Zanesville, 740-450-8000, or

Barnes Advertising

Narrator:  ``Barnes Advertising, we are outdoor advertising.  
Barnes Advertising, we ARE outdoor advertising.''

First Voice:  ``What are you doing?''

Second Voice:  ``Promoting who we are.''

First Voice:  ``You're way over the top.''

Second Voice:  ``Well, how would you do it?''

First Voice:  ``Just tell them what you do.''

Second Voice:  ``We are a family-owned company since 1916, 
serving 13 counties in central and                                                                   
southern Ohio.''

First Voice:  ``That's better, but don't forget the phone 

Second Voice:  ``O.K., 1-800-458-1410.''

First Voice:  ``What was that?''

Second Voice:  ``1-800-458-1410.''

Hague Quality Water

The real flavor of water refreshes and satisfies, but today, 
enjoying a drink of water may not be as simple as filling 
your glass from the tap.  Even in approved municipal 
systems, the goodness is often marred by minerals, organic 
matter, or chlorine.  A Hague drinking water system, with 
reverse osmosis, turns ordinary tap water into a continuous 
supply of fresh water.  Quality products, quality service, 
quality support by quality people, it's all in their name, 
Hague Quality Water, West Main Street in Zanesville, 740-

Cambridge Classic Ford and Caldwell Classic Chevrolet

With any new car or truck purchased, Cambridge Classic Ford 
and Caldwell Classic Chevrolet will provide an oil change 
and car wash for five years or 50,000 miles.  The 5/50 oil 
and bath, available at Cambridge Classic Ford and Caldwell 
Classic Chevrolet.  Don't buy any old car, but a classic.  
740-439-7767 or toll-free 888-882-5393.

The School House

Are you looking for creative learning materials?  The School 
House, your parent-teacher supply store, has two locations, 
in Newark and Zanesville, to serve you.  The School House 
has accessories for teachers, schools, home-schoolers, 
including Alpha-Omega home school curriculum, grandparents, 
youth-serving organizations, and anyone working with 
children.  The School House, where learning and fun come 
together, 1218 Brandywine Boulevard in Zanesville, and 36 
South Third Street in Newark.  Zanesville, 455-6445; Newark, 


1 See Letter from confidential complainant to Maureen Del 
Duca, Chief, Investigations and Hearings Division, 
Enforcement Bureau, dated September 11, 2003  

2 See File No. BMLH-20040415AEI, granted July 19, 2004  
(``WCVZ Commercial Application'').

3 See Letter from William D. Freedman, Deputy Chief, 
Investigations and Hearings Division, Enforcement Bureau, to 
Christian Voice of Central Ohio, Inc., dated June 17, 2004  

4 See Letter from David J. Kaufman, Esq., to William D. 
Freedman, Deputy Chief, Investigations and Hearings 
Division, Enforcement Bureau, dated July 19, 2004  (``July 
19th Response'').  In its response, Christian Voice also 
provided CDs of the announcements in question, as well as a 
request for confidentiality regarding the documents that it 
had provided in the binder.  See id.; 47 C.F.R. § 0.459.  
Because this NAL discusses only that information already 
made public by Christian Voice, i.e., the text of the 
announcements broadcast, the identity of the underwriters as 
revealed in such announcements, and when and how many times 
the announcements were aired, we need not rule on  the  
confidentiality request.  Until we do so rule, we will honor 
Christian Voice's request for confidential treatment of 
certain internal documents and business information that it 
has supplied to the Bureau during the course of this 

5 See Letter from David J. Kaufman, Esq., to William D. 
Freedman, Deputy Chief, Investigations and Hearings 
Division, Enforcement Bureau, dated September 8, 2004  
(``September 8th Response'').

647 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1); see also 
47 U.S.C. § 503(b)(1)(D) (forfeitures for violation of 14 
U.S.C. § 1464).  Section 312(f)(1) of the Act defines 
willful as ``the conscious and deliberate commission or 
omission of [any] act, irrespective of any intent to 
violate'' the law.  47 U.S.C. § 312(f)(1). The legislative 
history to section 312(f)(1) of the Act clarifies that this 
definition of willful applies to both sections 312 and 
503(b) of the Act, H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 
51 (1982), and the Commission has so interpreted the term in 
the section 503(b) context.  See, e.g., Application for 
Review of Southern California Broadcasting Co., Memorandum 
Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) (``Southern 
California Broadcasting Co.'').  The Commission may also 
assess a forfeiture for violations that are merely repeated, 
and not willful.  See, e.g., Callais Cablevision, Inc., 
Grand Isle, Louisiana, Notice of Apparent Liability for 
Monetary Forfeiture, 16 FCC Rcd 1359 (2001) (issuing a 
Notice of Apparent Liability for, inter alia, a cable 
television operator's repeated signal leakage).  
``Repeated'' means that the act was committed or omitted 
more than once, or lasts more than one day.  Southern 
California Broadcasting Co., 6 FCC Rcd at 4388, ¶ 5; Callais 
Cablevision, Inc., 16 FCC Rcd at 1362 ¶ 9.

747 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).

8See, e.g., SBC Communications, Inc., Forfeiture Order, 17 
FCC Rcd 7589, 7591 ¶ 4 (2002).  In SBC Communications, the 
Commission assessed a $100,000 forfeiture against a carrier 
for its willful refusal to supply a sworn declaration in 
response to an Enforcement Bureau letter of inquiry.  The 
Commission stated:  ``[T]he order here was squarely within 
the Commission's authority and, in any event, parties are 
required to comply with Commission orders even if they 
believe them to be outside the Commission's authority.''  
Id. at ¶ 5.

9 47 U.S.C. § 399b(a).

10 Id.

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

12 Id.

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

14 See September 8th Response at 3-4.

15 Id.  

16 Id. at 4.  Although we do not have the specific number of 
times the Barnes Advertising announcement ran, we note that, 
even assuming that Christian Voice only broadcast messages 
on behalf of Barnes Advertising during a single 30-day 
month, consisting of 22 weekdays, it would have run 70 such 

17  The licensee further represents that Barnes Advertising 
promoted the station on several billboards within the WCVZ 
listening area in exchange for its airing the underwriting 
messages.  See Fuqua Communications, Inc., Memorandum 
Opinion and Order, 30 FCC 2d 94, 97 (1971) (consideration 
has been construed to involve many forms, including barter 
of goods or services and ``trade-outs'').

18 See September 8th Response at 5.

19 See September 8th Response at 4.  

20 See 47 U.S.C. § 503(b); 47 C.F.R § 1.80.

21 The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, 12 FCC Rcd 17087, 17115 (1997) 
(``Forfeiture Policy Statement''), recon. denied 15 FCC Rcd 
303 (1999); 47 C.F.R. § 1.80(b).

22 Id.

23   47 U.S.C. § 503(b)(2)(D).  See also Forfeiture Policy 
Statement, 12 FCC Rcd at 17100 ¶ 27.

24   See, e.g., See, e.g., Minority Television Project, Inc. 
(KMTP-TV), Notice of Apparent Liability for Forfeiture, 17 
FCC Rcd 15646 (Enf. Bur. 2002), Forfeiture Order, 18 FCC Rcd 
26611 (Enf. Bur. 2003) (application for review pending) 
(where the Bureau found that such factors warranted a 
substantial upward adjustment in the case of a first-time 
25 Id. at 17 FCC Rcd 15646, ¶¶ 30-31.

26 See 47 C.F.R. § 1.1914.