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


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                             )                          
                                                      Facility ID No. 31936  
     JONES COLLEGE                                )                          
                                                      NAL/Account No.        
     Licensee of Noncommercial Educational        )   200832080019           
     Station WKTZ-FM, Jacksonville, Florida                                  
                                                  )   FRN 0001824077         


   Adopted: January 16, 2009 Released: January 16, 2009

   By the Chief, Enforcement Bureau:


   1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
   that Jones College, licensee of noncommercial educational Station WKTZ-FM,
   Jacksonville, Florida, willfully and repeatedly broadcast prohibited
   advertisements in apparent violation of Section 399B of the Communications
   Act of 1934, as amended (the "Act"), and Section 73.503 of the
   Commission's rules. Based upon our review of the facts and circumstances
   of this case, we conclude that Jones College is apparently liable for a
   monetary forfeiture in the amount of $5,000.


   2. This case arises from a complaint made to the Commission's Tampa Office
   on June 24, 2005, alleging that noncommercial educational Station WKTZ-FM
   had broadcast prohibited underwriting announcements. Following the
   complaint, agency monitoring and recording of station broadcasts was
   conducted on July 2 and 9, 2005. Thereafter, the Enforcement Bureau
   ("Bureau") inquired of the licensee concerning these matters. Jones
   College responded to the LOI on December 1, 2005.


   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.
   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. 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, and the Commission has so interpreted the term in
   the Section 503(b) context. The Commission may also assess a forfeiture
   for violations that are merely repeated, and not willful.  "Repeated"
   means that the act was committed or omitted more than once, or lasts more
   than one day. In order to impose such a 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 penalty should be imposed. 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. As described in greater detail below, we conclude under
   this procedure that Jones College is apparently liable for a forfeiture in
   the amount of $5,000 for its apparent, willful, and repeated violations of
   the Commission's Underwriting Rules.

    A. Jones College 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. The pertinent statute
   specifically provides that noncommercial educational stations may not
   broadcast advertisements. Although contributors of funds to such 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 businesses.
   Specifically, such announcements may not contain comparative or
   qualitative descriptions, price information, calls to action, or
   inducements to buy, sell, rent or lease. 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 that licensees exercise
   reasonable, "good faith" judgment in this area, and affords some latitude
   to the judgments of licensees who do so.

   5. At issue here are eight underwriting announcements, transcripts of
   which are attached, that Jones College does not dispute that its station
   broadcast on July 2 and July 9, 2005. Although Jones College claims that
   it "cannot confirm or deny" that the transcripts of the announcements,
   based on the Commission's field monitoring, represent exactly what was
   broadcast, it acknowledges that "it is likely that the announcements were
   aired substantially as they are shown." Jones College further represents
   that all of the entities mentioned in the announcements are for-profit
   entities. Jones College claims that it received no consideration from any
   for-profit entity for broadcasting the announcements, which it contends
   were contained in the prerecorded weekly "Swingtime" program provided at
   no charge by Mr. Norm Vincent. Jones College further claims that the
   station terminated its broadcast of the "Swingtime" program and
   association with that programmer upon receipt of the Commission's inquiry.

   6. After careful review of the record in this case, we find that the
   announcements set forth in the attached transcript were made on behalf of
   for-profit entities and apparently 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. We conclude that they appear to constitute
   prohibited advertisements because they invite or urge business patronage
   (e.g., "how about doing something fun . . . let me suggest a visit to
   Annabelle's Gifts and Home Furnishing Gallery"), distinguish favorably the
   respective underwriters from their competitors by stating or implying that
   they offer superior service, products or price (e.g., "good news for all
   of you 55 years and up . . .the senior bonus program is valid four days a
   week. . . at the senior's rate and that includes your golf cart"), and
   describe their underwriters through comparative or qualitative references
   made either directly or indirectly (e.g., "doing things right since
   nineteen five;" "the longest continuous builder in Northeast Florida;" and
   "[i]t's a special place, always with something special for you"). We note
   that many of the announcements involved are sixty seconds in length.
   Although the Commission has not imposed quantitative limits on the length
   of underwriting announcements, it has found that the longer they are, the
   more likely they are to contain material, as here, that is inconsistent
   with the "identification only" purpose of such announcements.

   7. Further, we find that a quid pro quo exchange of consideration between
   the underwriter and the licensee for a violation of Section 399B exists in
   this case. Jones College contends that there was no violation because no
   support of any kind was provided to the station by any for-profit entity,
   apart from the programming and announcements contained therein, which were
   furnished to the station by the program producer, and not the underwriters
   themselves. Jones College argues that the station's broadcast of the
   embedded announcements contained therein was thus unsupported by
   consideration, and must be deemed harmless under the Act.

   8. We reject this argument. The Act does not require that the
   consideration involved be supplied directly by the sponsor or underwriter
   itself. Moreover, cognizable consideration may take many forms, including,
   as in the instant case, the programming itself. Nor is this case similar
   to instances where the Commission found mitigating the fact that
   third-party program providers supplied the programming and promotional
   announcements to the station. Unlike those cases, this case involves the
   station's broadcast of numerous and lengthy announcements contained in
   programming that was supplied by the same third-party programmer and
   involved many of the same advertisers as programming that drew a previous
   admonishment for violation of the Underwriting Rules.  In these
   circumstances, no mitigation as a consequence of the "embedded" nature of
   the impermissible advertisements is warranted.

   B. Proposed Action

   9. 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. The Commission's Forfeiture Policy
   Statement sets a base forfeiture amount of $2,000 for violation of the
   enhanced underwriting requirements. The Forfeiture Policy Statement also
   provides that the Commission shall adjust a forfeiture based upon
   consideration of the factors enumerated in Section 503(b)(2)(E) 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."

   10. In the Christian Voice NAL, the Bureau proposed a $20,000 forfeiture
   against a noncommercial educational broadcast licensee for airing ten
   separate announcements on several thousand occasions in apparent violation
   of the Commission's Underwriting Rules over a fifteen-month period of
   time. Here, it appears that on July 2, 2005, Jones College willfully and
   repeatedly broadcast eight separate advertisements, repeating one
   announcement twice and another once, and airing two of the eight
   announcements again on July 9, 2005, in violation of Section 399B of the
   Act and Section 73.503(d) of the Commission's rules. While the number of
   prohibited announcements here is similar to Christian Voice NAL, the
   number of repetitions is substantially fewer and the period of time over
   which they aired is substantially shorter. On the other hand, the licensee
   in this case has a history of non-compliance, having received an
   admonishment for committing underwriting violations, and this is a
   compounding factor.

   11. Moreover, Jones College's apparent response to its prior admonishment
   for underwriting violations raises questions whether it has, since the
   time of that admonishment, taken adequate steps to ensure that the content
   of its broadcast material complies with the Commission's rules. Similarly,
   we do not find relevant the fact that Jones College terminated the
   "Swingtime" program after having received the Commission's inquiry in this
   case, because such post-facto remedial efforts are not mitigating. Based
   on all the circumstances, and after examining forfeiture actions in other
   recent underwriting cases, including that cited above, we believe that a
   forfeiture of $5,000 is appropriate.


   12. 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, Jones College, licensee of noncommercial educational Station
   WKTZ-FM, Jacksonville, Florida, is hereby NOTIFIED OF ITS APPARENT
   LIABILITY FOR A FORFEITURE in the amount of $5,000 for willfully and
   repeatedly broadcasting advertisements in violation of Section 399B of the
   Act, 47 U.S.C. S: 399b, and Section 73.503 of the Commission's rules, 47
   C.F.R. S: 73.503 during the period of July 2005.

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

   14. Payment of the forfeiture must be made by check or similar instrument,
   payable to the order of the Federal Communications Commission. The payment
   must include the NAL/Account Number and FRN Number referenced above.
   Payment by check or money order may be mailed to Federal Communications
   Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
   overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
   SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment[s] by
   wire transfer may be made to ABA Number 021030004, receiving bank
   TREAS/NYC, and account number 27000001. For payment by credit card, an FCC
   Form 159 (Remittance Advice) must be submitted.  When completing the FCC
   Form 159, enter the NAL/Account number in block number 23A (call
   sign/other ID), and enter the letters "FORF" in block number 24A (payment
   type code). Requests for full payment under an installment plan should be
   sent to:  Chief Financial Officer -- Financial Operations, 445 12th
   Street, S.W., Room 1-A625, Washington, D.C.  20554.   Please contact the
   Financial Operations Group Help Desk at 1-877-480-3201 or Email: with any questions regarding payment procedures. Jones
   College will also send electronic notification on the date said payment is
   made to,, and 

   15. The response, if any, shall be mailed to Hillary S. DeNigro, Chief,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission, 445 12th Street, S.W, Room 4-C330, Washington
   DC 20554 and SHALL INCLUDE the NAL/Acct. No. referenced above. To the
   extent practicable, the response, if any, shall also be sent via e-mail to,, and

   16. 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.

   17. IT IS FURTHER ORDERED that the above-referenced complaint filed IS
   GRANTED to the extent indicated herein and IS OTHERWISE DENIED, and the
   instant complaint proceeding IS HEREBY TERMINATED.

   18. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by
   Certified Mail/Return Receipt Requested, to Jones College,5353 Arlington
   Expressway, Jacksonville, Florida, 32211, and by regular mail to its
   counsel, Christopher D. Imlay, Esq., Booth, Freret, Imlay & Tepper, P.C.,
   14356 Cape May Road, Silver Spring, Maryland 20904-6011.


   Kris Anne Monteith

   Chief, Enforcement Bureau


   The following text was transcribed from audio recordings of underwriting
   announcements broadcasted on WKTZ-FM, Jacksonville, Florida, on July 2
   and/or 9, 2005:

   1. Annabelle's Gifts and Home Furnishing Gallery

   All right...uh this being the uh...4th of July weekend, how about doing
   something fun if you have nothing else planned, today ...uh let me suggest
   a visit to "Annabelle's Gifts and Home Furnishing Gallery" in Orange Park.
   There's a decorator item at Annabelle's I'd like to tell you about, you
   ought to look at and see it might be something you'd like to have ...Its
   call "Wallpaper for Windows" etch art. Yeah, that's right it's called
   "Wallpaper for Windows" and what it is... it's a static-cling film that
   fits most the standard and custom windows and glass doors and has the look
   of etched glass, available in many patterns, including the new "Wallpaper
   for Windows Privacy Glass." Privacy glass lets light in but obscures the
   visibility through a window or glass door, plus it filters 95% of the
   ultraviolet rays, protecting carpets and furnishing from fading.
   "Wallpaper for Windows" new privacy glass is the answer for creating a
   decorative focus or to dress up windows, glass doors, kitchen covers,
   glass shower doors... Now you can install it, you can remove it, you can
   reuse it if you like and of course you can clean it. "Wallpaper for
   Windows," transforming your windows into works of art... at "Annabelle's
   Gifts and Home Furnishings Gallery" on College Drive, immediately off
   Landing Boulevard in Orange Park. A special place, always with something
   special for you.

   2. Sid Higginbotham Builder, Inc. (At 22:36 minutes from the beginning of

   Sometime ago, a newspaper writer, commenting on, uh house construction in
   a local newspaper here in Jacksonville stated that, quote: "the quality of
   a new home will be determined in large measure by the skill of the
   building professional who constructs it" U-hum! "and you should shop for a
   builder as careful as you shop for the features of a home." Well, let me
   tell you about "Sid Higginbotham Master Builder." Sid Higginbotham Builder
   Inc., founded by Sid in 1957, he is the longest continuous builder in
   Northeast Florida. Tells you something doesn't it? Building in, oh!, in
   communities like Eagle Harbor at Fleming Island, Julianton Creek
   Plantation, Magnolia Point Golf and Country Club, two communities
   bordering Doctor's Lake, one is Paradise Moorings and the other is Romeo
   Point. Of course, if you have some property; Sid Higginbotham will build
   on your land as well. They are also building in [the] Eagle Lake Landing
   in the estate section of Oakley Plantation and I know you'd like some
   information about how Sid and his son Roger can build your home and a
   model location, call 771- 5816. That is 771-5816. Sid Higginbotham Master
   Builder, Sid Higginbotham Builder Inc. and for their web page is w Sid
   Higginbotham. Let's start again, the web page is
   Alright? Alright.

   3. Donovan Heat and Air

   If you are tired of high utilities bills, Donovan Heat and Air has a new
   tool I'd like to tell you about. It's called air diagnostics. Air
   diagnostics it has to do with the ducting system in your heating and
   cooling system. Your system is attached to electrical and refrigeration
   lines but then there's the ducting system and even if other components
   were perfectly, ducting defects can reduce the amount of cooling and
   heating and the system's efficiency by up to, I'm told, about 50%. Now
   they age poorly, they wrinkle, they sag, and even if you needed to do some
   updating to your system, Donovan Heat and Air has the tools and the
   training and their air diagnostics can help you make decisions about your
   air conditioning system. Now here is the number to call two, two, three,
   forty two hundred; two, two, three, forty two hundred, and with Donovan my
   friends you know who you're dealing with.

   4. Windsor Park Golf Club

   For golfers of all ages here's some good advice from Doctor Bob Rotella.
   He is the author of "Golf is not a game of Perfect" and he says quote:
   "Don't let the good play of your opponents distract you and foul up your
   game. Assume that they'll hit their best possible shots, then if it
   happens, you'll be prepared for it." Alright, that's good advice from Bob
   Rotella and now some good news for all of you 55 years and up senior
   golfers, who are looking to put your game on the right course, and the
   course, I'm speaking about is the course at Windsor Park Golf Club,
   Windsor Park Golf Club. The senior bonus program is valid four days a
   week, and that's Mondays through Thursdays at the senior's rate and that
   includes your golf cart. Now the Windsor Park Golf Course is challenging,
   so seniors 55 years and up, the seniors rate Mondays through Thursdays
   except TPC week and holidays, well its for you. Here is a number for you
   to call 223-golf that's 223-golf for details and if it's in your mind go
   ahead and arrange a tee time. Windsor Park Golf Club, it's on Hudgins
   Boulevard between Beach and the Butler.

   5. Annabelle's Gifts and Home Furnishing Gallery

   Let me tell you about "Annabelle's Gifts and Home Furnishing Gallery" in
   Orange Park. Annabelle's with gifts and accessories for any occasion, oh
   along with interior appointments and floral designs, chest, cabinets,
   tables, pictures, mirrors, lamps, Emerson furniture, furniture, furniture.
   Now, at Annabelle's three products to care for your furniture and carpets
   and fabrics... Wyman Furniture Polish with lemon oil, for no wax build
   ups, also Wyman Panel and Cabinet Polish for covering up scratches and a
   spray product called Wineaway, for removing red wine stains on carpets and
   fabrics Now speaking about furniture, Anabelle's has introduced Ambiance
   Imports, Ambiance Imports and their line of furniture for bath and hearth.
   Furniture for powder rooms and fire places specially designed to provide
   shelving and storage in your limited space areas and so much more. Now all
   waiting your distern...your discerning... I can say your discreet and
   discerning taste, at Annabelle's on College Drive. That's immediately off
   Landing Boulevard on Orange Park. It's a special place, always with
   something special for you.

   6. Claude Nolan Cadillac

   And Swingtime being brought to you by Claude Nolan Cadillac, out there on
   South Side Boulevard across from Tinsel Town just north of the Butler and
   you'll find the goal here is to serve you. And whether you decide to buy
   or lease, Claude Nolan's Finance and Insurance Office, offers a range of
   financing options. Claude Nolan Cadillac, they've been doing things right
   since nineteen five.

   7. Donovan Heat and Air

   Have you ever become concerned about carbon monoxide levels in your home?
   You know symptoms included, oh, light headiness, coughing, flu like
   symptoms. Perhaps you have a detector that's gone off in the past. Well if
   you have a concern, Donovan Heat and Air will like to help. Donovan has
   the instrumentation to check carbon monoxide levels and will provide you
   with a report. Now, Donovan understands how carbon monoxide is generated
   and how it moves throughout a building. Donovan measures where it's
   produced and then compares all the readings to the very toughness
   standards. Donovan Heat and Air will then issue, what they call a report
   card and provide you with simple steps to reduce carbon monoxide levels.
   Now, if you'd like to know if your home makes the grade, contact Donovan
   Heat and Air at two, two, three,

   forty two hundred; that's two, two, three, forty two hundred. Donovan has
   detectors for sale, too. So, for more information on the dangers of carbon
   monoxide and how to make and keep your home safe from it, call Donovan at
   two, two, three, forty two hundred. With Donovan, you know who you're
   dealing with.

   8. Vystar Credit Union

   Funding for the broadcast of today's Swingtime, has been provided by . . .
   Vystar Credit Union. Now, whether its better interest rates on your
   savings, loans that are more within your reach, or just a firm hand shake
   and good old fashion service -- you deserve it. Vystar Credit Union and
   Vystar Financial Group, we never forget that it's your money.

   See 47 U.S.C. S: 399b.

   See 47 C.F.R. S: 73.503 (the "Underwriting Rules").

   See Case Report, prepared by the Tampa Field Office, Enforcement Bureau,
   and dated September 19, 2005 ("Field Office Report"), at 2.

   See id. at 2-3.

   See Letter from William D. Freedman, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, to Jones College, dated November
   10, 2005 ("November 10th LOI").

   See Letter from Christopher D. Imlay, Esq., Counsel to Jones College, to
   Kenneth M. Scheibel, Jr., Attorney, and William D. Freedman, Deputy Chief,
   Investigations and Hearings Division, Enforcement Bureau, dated December
   1, 2005 ("Response").

   See 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 312(f)(1).

   See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991).

   See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
   Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, P: 10
   (2001) ("Callais Cablevision") (issuing a Notice of Apparent Liability
   for, inter alia, a cable television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362 P: 9.

   See 47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80(f).

   See, e.g., SBC Communications, Inc.,  Forfeiture Order, 17 FCC Rcd 7589,
   7591 P: 4 (2002) (forfeiture paid).

   See 47 U.S.C. S: 399b(a).

   See id.

   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").

   See id.

   See Xavier University, Letter of Admonition, issued November 14, 1989
   (Mass Med. Bur.), recons. granted, Memorandum Opinion and Order, 5 FCC Rcd
   4920 (1990) ("Xavier").

   See Response at 2. The licensee asserts that "the announcements, or some
   version of them, would each have been broadcast" during the "Swingtime"
   program. Id. Some of the eight distinct announcements reflected in the
   transcript were repeated in substantially similar form during the
   broadcast on July 2nd, viz. those on behalf of Nolan Cadillac and Sid
   Higginbotham Builders, Inc. Similarly, the second announcement on behalf
   of Annabelle's Gift and Home Furnishings Gallery was repeated on July 9th,
   as was the Higginbotham announcement.



   See id. at 2.

   See id. at 2-3. Two additional announcements involving Fleet Landing and
   St. Catherine's Laboure Manor are not considered because Jones College
   asserts that they are not-for-profit entities. See Memorandum Opinion and
   Order, Commission Policy Concerning the Noncommercial Nature of
   Educational Broadcast Stations, Report and Order, 90 FCC 2d 895, 900 n.16
   (1982), recons., 97 FCC 2d 255 (1984) ("1982 Policy Statement") (noting
   that institutions which qualify under IRS guidelines as not-for-profit
   organizations may receive promotional announcements).

   See Response at 4.

   See Public Notice, supra note 17.

   See Field Office Report at 11; see also, wherein the licensee posts its
   rates for the station's broadcast of fifteen, thirty and sixty-second
   underwriting spots.

   See Public Notice, supra note 17.

   See Response at 2.

   We note that 47 U.S.C. S: 399b(a) simply provides: "[f]or purposes of this
   Section, the term `advertisement' means any message or other programming
   material which is broadcast or otherwise transmitted in exchange for any
   remuneration, and which is intended to promote any service, facility or
   product offered by any person who is engaged in such offering for profit."

   See 1982 Policy Statement, 90 FCC 2d at 911-912 P:P: 26-28.

   See In re Window to the World Communications, Inc. (WTTW(TV)), 12 FCC Rcd
   20239 (Mass Med. Bur. 1997), forfeiture reduced, 15 FCC Rcd 10025 (Enf.
   Bur. 2000); see also Minority Television Project, Inc. (KMTP-TV),
   Forfeiture Order, 18 FCC Rcd 26611 (Enf. Bur. 2003), aff'd, Order on
   Review, 19 FCC Rcd 25116 (2004), recons. denied, 20 FCC Rcd 16923 (2005)
   (forfeiture paid).

   See Jones College (WKTZ-FM), Memorandum Opinion and Order, 18 FCC Rcd
   24971 (2003).

   For the same reason, we find unconvincing Jones College's suggestion that
   it was exploited by a program provider, who, aware of the fact that his
   program material received little station review, "recommenc[ed his
   insertion of] zealous sponsorship announcements." See Response at 5.

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

   See 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"), recons. denied 15 FCC
   Rcd 303 (1999); 47 C.F.R. S: 1.80(b).

   47 U.S.C. S: 503(b)(2)(E). See also Forfeiture Policy Statement, 12 FCC
   Rcd at 17100 P: 27.

   See Christian Voice of Central Ohio, Inc.(WCVZ(FM)), 19 FCC Rcd 23663
   (Enf. Bur. 2004) ($20,000 forfeiture initially proposed for underwriting
   violations), forfeiture reduced, 23 FCC Rcd 7594  (Enf. Bur. 2008)
   (forfeiture reduced to $9,000 for good compliance record and after finding
   acceptable a previously sanctioned announcement), recons. den., 23 FCC Rcd
   15943 (2008) (collectively "Christian Voice").

   See supra note 33.

   See Entercom Sacramento License, LLC., Notice of Apparent Liability, 19
   FCC Rcd 20129 (2006) (forfeiture increased because licensee had history of
   violating the rules (indecency)); Family Life Educational Foundation
   (KOUZ(FM)), Notice of Apparent Liability, 17 FCC Rcd 16317 (Enf. Bur.
   2002) (forfeiture paid) (forfeiture imposed because Licensee had a history
   of underwriting violations); c.f. Southern Rhode Island Broadcasting,
   Inc., Notice of Apparent Liability, 15 FCC Rcd 8115 (Enf. Bur. 2000)
   (forfeiture paid) (lower forfeiture imposed for underwriting violation
   "due to the prior unblemished enforcement record of the licensee.")

   Jones College indicated that Mr. Vincent was urged to "truncate" the
   messages contained within his programming after the Commission first
   investigated and admonished the licensee in 2003. Since that time,
   however, Jones College asserts that, having noted "no irregularities," the
   licensee reviewed such programming "only periodically." See Response at

   See Capstar TX Limited Partnership (WKSS(FM)), Notice of Apparent
   Liability, 20 FCC Rcd 10636 (Enf. Bur. 2005) (forfeiture paid); AT&T
   Wireless Services, Inc., Notice of Apparent Liability, 17 FCC Rcd 21866,
   21871 (2002); KVGL, Inc., Memorandum Opinion and Order, 42 FCC Rcd 258,
   259 (1973).

   Cf. Caguas Educational TV, Inc. (WLAZ(FM)), Notice of Apparent Liability,
   20 FCC Rcd 6093 (Enf. Bur. 2005) (forfeiture paid) ($10,000 forfeiture
   imposed for first-time violation involving more than 1,600 repetitions of
   two announcements over a five-month period); Family Life Educational
   Foundation (KOUZ(FM)), Notice of Apparent Liability, 17 FCC Rcd 16317
   (Enf. Bur. 2002) (forfeiture paid) ($2,000 forfeiture imposed for repeat
   violation involving 120 repetitions of single message over a three-month

   For purposes of the forfeiture proceeding initiated by this NAL, Jones
   College shall be the only party to this proceeding.

   Federal Communications Commission DA 09-47



   Federal Communications Commission DA 09-47