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

In the Matter of                  )
                                 )
GREAT LAKES COMMUNITY             )   EB-01-IH-0493
BROADCASTING, INC.                )   Facility #93742
                                 )   Facility #94015
Licensee of Noncommercial         )
Educational Station WAAQ(FM),     )
Onsted, Michigan                  )
And Translator Station W214BH,    )
Mount Pleasant, Michigan


                MEMORANDUM OPINION AND ORDER

     Adopted:  December 4, 2003                   Released:  
December 4, 2003

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

                       I. Introduction

     1.   By this  Order, we admonish Great  Lakes Community 
Broadcasting,   Inc.   (``Great    Lakes''),   licensee   of 
noncommercial   educational    Station   WAAQ(FM),   Onsted, 
Michigan,  and translator  Station  W214BH, Mount  Pleasant, 
Michigan,   for   broadcasting   impermissible   donor   and 
underwriting advertisements in violation  of section 399B of 
the Communications  Act of 1934, as  amended (``the Act''),1 
and  section  73.503 of  the  Commission's  rules,2 and  for 
airing  originations  concerning  financial support  on  its 
translator station in excess of the limitations set forth in 
section 74.1231(g)  of the Commission's rules.3   Based upon 
our review of  the facts and circumstances of  this case, we 
conclude that  Great Lakes has violated  these statutory and 
Commission  underwriting  and  translator  rule  provisions.  
Although we  believe that no monetary  sanction is warranted 
at  this  time  in   light  of  the  licensee's  unblemished 
enforcement  record   and  other  facts   and  circumstances 
relating  to  this  area  of   the  law,  we  find  that  an 
admonishment  is necessary  to redress  these statutory  and 
rule violations.  

     II.  The Commission's Rules Regarding Underwriting 
                        Announcements
 
     2.   Noncommercial   educational   stations   may   not 
broadcast advertisements.  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 
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.5  

     3.   Specifically, such  announcements may  not contain 
comparative or qualitative  descriptions, price information, 
calls  to  action, or  inducements  to  buy, sell,  rent  or 
lease.6  The  Commission has nevertheless  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.7  

     4.   Section 74.1231 of  the Commission's rules imposes 
restrictions  on  the  content,  length,  and  frequency  of 
licensee-originated   program    material   broadcast   over 
translator stations.   Specifically, the rule  provides that 
such originations shall be  limited to emergency warnings of 
imminent danger  and to seeking or  acknowledging of support 
deemed  necessary   to  the   continued  operation   of  the 
translator.  Originations  concerning financial  support are 
limited   to   a  total   of   thirty   seconds  per   hour.  
Acknowledgments  of support  may identify  the contributors, 
what they  have donated,  and may contain  their advertising 
messages.8    However,  the same restrictions that  apply to 
solicitations  by,   and  donations  to,   noncommercial  FM 
stations   are   also   applicable   to   noncommercial   FM 
translators.9     

                       III.  The Facts

     5.   In  August   2001,  we  received   a  confidential 
complaint,  including  the  text of  numerous  announcements 
allegedly  broadcast over  Station  WAAQ(FM) and  translator 
Station W214BH  from June 18  through July 13,  2001.  These 
announcements appeared  to promote the products  or services 
of  presumably  for-profit  entities,  and  are  alleged  to 
contravene the  statute, as  implemented and  interpreted by 
applicable  Commission  rules,  precedent  and  policy.   By 
inquiry letters dated August 30,  2001,10 and May 7, 2002,11 
we requested that Great Lakes comment on these allegations.

     6.   In its September  13, 200112 and May  23, 2002, 13 
responses to the 2001 LOI  and 2002 LOI, respectively, Great 
Lakes   admits  that   it  aired   all  of   the  identified 
underwriting  announcements   on  its   translator  station, 
W214BH, but  claims that it  did not broadcast any  over its 
primary station,  WAAQ(FM), other than those  made on behalf 
of Mount Pleasant Tire Service.  Great Lakes argues that all 
of its underwriting announcements  comply with the pertinent 
Commission underwriting guidelines and were aired consistent 
with  its good-faith  discretion  under  the Xavier  case.14  
However, Great Lakes also  represents that, since July 2001, 
it has begun to ``carefully  monitor all of our underwriting 
messages and  to make  those advertising messages  which are 
broadcast once  per hour  on [translator station  W214BH] to 
more  closely conform  with  the  underwriting messages  and 
donor announcements  broadcast on our primary  station, WAAQ 
in Onsted.''15  Great Lakes further  claims that it has made 
efforts  to   limit  the  length  of   advertising  messages 
broadcast  on its  translator station  to thirty  seconds or 
less  per  hour.   It  argues that,  although  the  rule  in 
question, 47 C.F.R.  § 74.1231(g), limits the  length of and 
frequency by  which underwriting  messages may be  aired, it 
specifically  allows translator  facilities such  as Station 
W214BH to  air ``advertising  messages'' that  promote their 
for-profit sponsors.

     7.   After   reviewing   the   record   and   pertinent 
precedent,  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 applicable 
rules  and policies,  even in  light of  the ``good  faith'' 
discretion   afforded   licensees   under   Xavier.16    The 
announcements encourage  or invite business  patronage, make 
prohibited price references, or depict the underwriters in a 
comparative  and  qualitative   manner.   For  example,  the 
announcements  made by  Great  Lakes on  behalf of  Turner's 
Appliances, Wincell  Cellular, NPI  Wireless, Top  Dog Audio 
Center, and Terry's Motorless  Motion provide price or other 
information   concerning  product   discounts,  rebates   or 
warranties that  encourage business patronage, and  are thus 
specifically prohibited.17   In addition,  the announcements 
made by Great Lakes on  behalf of Turner's Appliances, Mount 
Pleasant  Tire  Service,  and  Heritage  Chrysler  of  Mount 
Pleasant   each  make   prohibited  qualitative   statements 
concerning  each underwriter's  products.18   Therefore,  we 
find that Great  Lakes violated section 399B of  the Act and 
section 73.503 of the Commission's rules.19    

     8.   We  further reject  Great  Lakes' contention  that 
section   74.1231(g)  of   the  Commission's   rules  allows 
noncommercial translator stations to broadcast ``advertising 
messages''  that promote  their for-profit  sponsors.20  The 
same   restrictions  that   apply  to   messages  aired   by 
noncommercial FM stations are applicable to noncommercial FM 
translator  facilities.21   Consequently, this  argument  is 
without merit.   The evidence in this  case establishes that 
Great  Lakes aired  underwriting messages  in excess  of the 
thirty-second per hour  limitation set forth in  47 C.F.R. § 
74.1231(g).   In  this   regard,  the  complainant  supplied 
transcripts and  audiotape evidence that purport  to reflect 
the translator station's broadcast of continuous advertising 
messages,   each  in   blocks  of   several  minutes.    The 
complainant further  claims that  these message  blocks were 
aired mid-hour.   We note, that  even if the  message blocks 
were  broadcast  at   the  top-of-the-hour,  straddling  two 
separate  broadcast  hours,   the  uninterrupted  airing  of 
several minutes of continuous  advertising messages over the 
subject  translator  station  would,  in  fact,  exceed  the 
thirty-second per hour  limitation set forth in  47 C.F.R. § 
74.1231(g).  Therefore,  we find  that Great  Lakes violated 
section  74.1231 of the Commission's rules.22      

                          IV.  Sanction

     9.   We  conclude  that   a  sanction  is  appropriate.  
However, in  view of the licensee's  unblemished enforcement 
record and  other facts  and circumstances relating  to this 
area of the law, we do  not believe a monetary forfeiture is 
necessary  to  redress  the  instant  rule  violations,  and 
instead conclude that an  admonishment is sufficient at this 
time.23   We  strongly  urge  Great  Lakes  to  examine  its 
practices to ensure that, in  the future, its operation will 
comply  with the  rule's  limitation concerning  advertising 
message length and the frequency by which they are aired.   
                                   
                       V.  Ordering Clauses

     10.  Accordingly,  IT  IS   ORDERED  that  Great  Lakes 
Community  Broadcasting,  Inc.,  licensee  of  noncommercial 
educational   Station   WAAQ(FM),  Onsted,   Michigan,   and 
translator  Station  W214BH,  Mount Pleasant,  Michigan,  IS 
ADMONISHED  for having  broadcast  underwriting messages  in 
apparent violation of section 399B of the Act,24 and section 
73.503  of   the  Commission's   rules,25  and   for  airing 
originations concerning financial  support on its translator 
station in  excess of the  limitations set forth  in section 
74.1231(g) of the Commission's rules.26 











     11.  IT IS  FURTHER ORDERED that  a copy of  this Order 
shall be  sent, by Certified Mail/Return  Receipt Requested, 
to Great  Lakes Community Broadcasting, Inc.,  P.O. Box 334, 
Stanwood, Michigan 49346.

                         FEDERAL COMMUNICATIONS COMMISSION
     
                         
                         William D. Freedman
                         Deputy Chief
                         Investigations and Hearings 
Division
                         Enforcement Bureau
                    
Attachment







































                        ATTACHMENT A

     The following text was transcribed from audio-tape 
recordings of underwriting announcements allegedly broadcast 
on noncommercial educational Station WAAQ(FM), Onsted, 
Michigan, and translator Station W214BH, Mt. Pleasant, 
Michigan, from June 18, 2001, through July 13, 2001:

Turner's Appliance.  WAAQ and 90.7 thanks Turner's Appliance 
for its support.  Turner's Appliance and Amana are putting 
the freeze on prices with cool rebates.  Amana has a $75 
rebate on its new Easy Reach Plus 20.5 cu. Ft. capacity 
refrigerator.  The Amana Easy Reach Plus has an easy freezer 
pull out drawer and spill saver adjustable glass shelves.  
The Side-by-side Amana refrigerators with 25.8 cu. Ft. 
capacity are packed with features and have a $50 rebate.  
Turner's Appliancežjust south of Big Rapids on Old US 131 in 
Roger's Heights.  The phone number is 592-1522.  Turner's 
Appliancežopen daily till 5:30, Saturday 8 till 3.

Mt. Pleasant Tire Service.  We offer complete and dependable 
car care service and of course we stock a complete line of 
quality B.F. Goodrich, Goodyear and Continental General 
tires for all vehicles.  Whether you need car repairs or 
tire repairs or a new set of tires, Mt. Pleasant Tire 
Service is equipped to handle your needs in a fast, friendly 
manner.  Mt. Pleasant Tire Service is conveniently located 
at 120 S. Fancher and the phone number is 773-5626.  Now 
here's this hours AAA road report on WAAQ. 

Wincell Cellular.  The following is underwritten on WAAQ 
from Wincell Cellular of Mt. Pleasant.  We've all been 
there.  It's dark, the weather is bad, you're on an 
unfamiliar stretch of road, hoping to get home.  It's only 
then you wish you had the safety and security of cellular 
from CenturyTel and Wincell Cellular.  And you can, for less 
than $10 a month.  You can give your family the safety and 
security of cellular from CenturyTel and Wincell Cellular.  
With 100 anytime minutes, for life, and the phone is free.  
Available at Wincell Cellular, your local CenturyTel agent 
in Mt. Pleasant.  Offer ends June 30th.  Some restrictions 
apply.

NPI Wireless.  NPI Wireless  is giving away a Yamaha wave 
runner.  How can you win?  Register today at an NPI Wireless 
retail location.  Digital handsets for only $19.00 and Go 
America Plans with free long distance and roaming.  Need to 
hear it again?  NPI Wireless.  Win a wave runner.  Ask about 
free long distance, free roaming, and affordable digital 
phones.  NPI Wireless.  Go America Plans with free long 
distance and roaming.

Heritage Chrysler of Mt. Pleasant.  For sixty years we've 
been serving the automotive needs for the residents of 
Isabella County.  Sixty years is a long time in the car 
business.  We've seen a lot of dealerships come and go in 
the mid-Michigan area for a variety of reasons, but we're 
still here.  If things like stability, reliability, 
commitment to customers and community and reputation mean 
anything when it comes to your second largest lifetime 
purchase?  We may not always have the best price or the 
right vehicle, but if you get it from us, you can count on 
us being there.  Heritage Chrysler of Mt. Pleasant.  Sixty 
years young.

Top Dog Car Audio Center.  Top Dog Car Audio is pleased to 
underwrite WAAQ's programming and here's something to really 
make your tail wag.  [Music.] Woof, woof, woof, woof.  
[Indecipherable; presumably a brand of car stereo] AM-FM CD 
receiver, regularly $199.95 now just $149.95 installed, 
parts extra and a free two-year warranty when installed by 
Top Dog Car Audio.  Top Dog Car Audio of Mt. Pleasant, 2231 
East Remus Road, phone 773-4705.  You can enjoy 90.7 FM 
oldies on your new [Indecipherable; presumably a brand of 
car stereo] AM-FM CD receiver from Top Dog Car Audio Center.  
[Music.]  Woof, woof, woof, woof.  Your tail waggin' dealer.

Terry's Motorless Motion.  WAAQ thanks Terry's Motorless 
Motion for this underwriting tip.  Terry's Motorless Motion 
sells Schwinn, Specialized and Diamondback BMX bikes.  These 
bikes will last for years, and have extensive warranties and 
Terry will make free minor adjustments as long as you own 
the bike.  Whether you want a comfort bike, mountain bike, 
cruiser or a hybrid, Terry at Motorless Motion has the bike 
for you!  Motorless Motion, 121 South Main, Mt. Pleasant.  
Open daily at 10:00 a.m. to 6:00 p.m., till late Fridays, 
and until five Saturdays.  Motorless Motion's phone number 
is 772-2008. 









































_________________________

1  47 U.S.C. § 399b.

2  47 C.F.R. § 73.503. 

3  47 C.F.R. § 74.1231(g). 

4 47 U.S.C. §399b(a). 

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

6 Id. 

7 See Xavier University, 5 FCC Rcd 4920 (1990). 

8 See 47 C.F.R. § 74.1231(g). 

9 See Amendment of Part 74 of the Commission's Rules 
Concerning FM Translator Stations, 5 FCC Rcd 7212, 7217 
(1990). 

10 Letter from the Chief, Investigations and Hearings 
Division, Enforcement Bureau, to Great Lakes Broadcasting, 
Inc., dated August 30, 2001 (``2001 LOI''). 

11 Letter from the Chief, Investigations and Hearings 
Division, Enforcement Bureau, to Great Lakes Broadcasting, 
Inc., dated May 7, 2002 (``2002 LOI''). 

12Letter from Dr. James J. McCluskey, President, Great Lakes 
Broadcasting, Inc, to the Chief, Investigations and Hearings 
Division, Enforcement Bureau, dated September 13, 2001 
(``2001 Response''). 

13 Letter from Dr. James J. McCluskey, President, Great 
Lakes Broadcasting, Inc, to the Chief, Investigations and 
Hearings Division, Enforcement Bureau, dated May 23, 2002 
(``2002 Response'').

14See 2001 Response and 2002 Response, citing Xavier, 5 FCC 
Rcd 4920.  

15 See 2001 Response at 4.

16 See Xavier, 5 FCC Rcd 4920.

17 See id. 

18 See Public Notice, 7 FCC Rcd 827. 

19 47 U.S.C. § 399b and 47 C.F.R. § 73.503.

20 See 2001 Response.

21 See Amendment of Part 74 of the Commission's Rules 
Concerning FM Translator Stations, 5 FCC Rcd 7212.  

22 47 C.F.R. § 74.1231(g).

23 See Note to 47 C.F.R. § 1.80(b)(4). 

24 47 U.S.C. § 399b. 

25 47 C.F.R. § 73.503.
26
  47 C.F.R. § 74.1231(g).