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

In the Matter of                )  EB-00-IH-0414
                                )  EB-00-IH-0504
ISOTHERMAL COMMUNITY COLLEGE    )  FRN: 0003771193
                                )  NAL Acct# 200432080008
Licensee of Noncommercial Educational Station     )    
Facility ID #29262
WNCW(FM), Spindale, North Carolina )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: November 13, 2003           Released:   November 
14, 2003

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

   1.          In  this  Notice  of Apparent  Liability  for 
Forfeiture  (``NAL''),  we  find that  Isothermal  Community 
College   (``Isothermal''),    licensee   of   noncommercial 
educational  Station  WNCW(FM),  Spindale,  North  Carolina, 
apparently  violated  the  Commission's  rules  relating  to 
licensee-conducted contests.1    Based on  our review of the 
facts  and  circumstances in  this  case,  we conclude  that 
Isothermal  is apparently  liable  for a  forfeiture in  the 
amount of Four Thousand Dollars ($4,000.00) for violation of 
the licensee-conducted contest rule, 47 C.F.R. § 73.1216.
     
                       II.  BACKGROUND
     
   2.          The   Commission  received   complaints  that 
Isothermal broadcast an on-air raffle on WNCW(FM) during the 
period April  2 through 8,  2002, that failed to  make clear 
that consideration  was not  required to participate  in the 
contest and  otherwise refrained  from airing  the contest's 
rules, in violation of the licensee-conducted contest rule.2  
One complainant further alleged that Isothermal has violated 
47  C.F.R.  §  73.3527(e)(9) regarding  the  maintenance  of 
WNCW(FM)'s  public  file's  donor lists.   Specifically,  he 
claimed  that,  during his  April  18,  2002, visit  to  the 
station, the public file's donor list was incomplete because 
it  included information  current only  through January  10, 
2002.3   One complainant  also alleged  that Isothermal  had 
engaged in intimidating conduct  by having its employee send 
unsolicited and harassing e-mail traffic in reprisal for the 
FCC  complaint, contrary  to  Commission policy  prohibiting 
retaliatory  conduct by  licensees.4   Finally,  two of  the 
complainants   alleged  that   the  licensee   violated  the 
sponsorship  identification rule,  47 C.F.R.  § 73.1212,  by 
failing  to identify  that the  station traded  underwriting 
acknowledgments  for  contest   prizes.5   By  letter  dated 
November  8, 2002,  we  inquired of  Isothermal about  these 
allegations,6 and thereafter received its response.7

                      III.  DISCUSSION

   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.8  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.9  
The Commission will then issue a forfeiture if it finds by a 
preponderance of  the evidence that the  person has violated 
the Act or a Commission rule.10  

   4.          Licensee-Conducted     Contests.      Several 
complainants alleged  that Isothermal conducted  a broadcast 
contest on  WNCW(FM) during  the period  April 2  through 8, 
2002, that violated the  licensee-conducted contest rule, 47 
C.F.R. § 73.1216, because the station failed to make regular 
broadcast announcements setting forth the contest's rules.11  
One  complainant  submitted   several  broadcast  recordings 
reflecting  instances   where  station   announcers  invited 
listeners to  enter the  contest.12  The  complainants argue 
that consideration  was a  contest element  because WNCW(FM) 
affirmatively required listeners  to make membership pledges 
or donations in order to participate.13 

   5.          Isothermal admits that ``there was no regular 
schedule for the broadcast of contest rules[,]'' but implies 
that there  was no need  to do  so because ``the  rules were 
very simple¾anyone  who called and  asked to be  entered was 
entered, whether  or not the caller  pledged membership.''14  
Isothermal  contends  that  the station's  complete  contest 
rules  were  set  forth  and available  to  participants  at 
WNCW(FM)'s internet website.15  


   6.     Section 73.1216 of the Commission's rules provides 
that a  licensee that  broadcasts or  advertises information 
about  a  contest it  conducts  shall  fully and  accurately 
disclose  the  material  terms  of the  contest,  and  shall 
conduct   the   contest   substantially  as   announced   or 
advertised.16   No  contest   description  shall  be  false, 
misleading or deceptive with respect to any material term.17  
In this  case, it  appears that Isothermal  violated Section 
73.1216  of  the  Commission's  rules  by  not  broadcasting 
material terms of  its on-air raffle during the  time it was 
conducted in April 2002.  Isothermal's post-facto disclosure 
of the  contest rules on its  web site two months  after the 
contest  aired  does  not   comply  with  the  rule.18   The 
Commission's rules clearly state that ``[t]he material terms 
should be disclosed  periodically by announcements broadcast 
on  the station  conducting  the  contest.''19    The  rules 
state that, although disclosure by non-broadcast means (such 
as making rules  available at the stations and  on the World 
Wide Web) can be  considered in determining whether adequate 
disclosure has been made, the non-broadcast disclosures must 
be ``[i]n addition to the required broadcast announcements . 
.  . .''20   Thus,  although  non-broadcast disclosures  may 
supplement  broadcast announcements,  they cannot  act as  a 
substitute for broadcast announcements.21  

     7.   Moreover, contrary to Isothermal's contention, the 
recorded evidence  and program transcripts submitted  by the 
complainants  and the  licensee, when  viewed in  their full 
context, do  not make  clear that  station pledges  were not 
required  of  callers  who  wished  to  participate  in  the 
contest.22  Rather, listeners might reasonably conclude that 
they would  have to make  membership pledges in order  to be 
entered  into  the  contest  drawing.   Thus,  the  licensee 
appears to have exacerbated the rule violation by failing to 
make  clear a  specific material  term about  participating, 
i.e., whether a station pledge was necessary.  

     8.   Anti-Lottery  Advertising Rule.   With respect  to 
our  query   concerning  the  prohibition   against  lottery 
advertising set  forth in 18 U.S.C.  § 1304 and 47  C.F.R. § 
73.1211,   Isothermal  further   denies  that   the  contest 
constituted a lottery because,  it contends, the station did 
not require  listeners to provide consideration  of any type 
in order to participate.23  We do not find that the licensee 
violated  the  anti-lottery  advertising  provisions  of  18 
U.S.C.  §  130424  and  47  C.F.R.  §  73.1211.25   Even  if 
consideration  had  been  required  to  participate  in  the 
contest,  we  note that  North  Carolina  state law  appears 
generally  to  permit   lotteries  conducted  by  non-profit 
organizations such as Isothermal.26  The broadcast promotion 
of  such  state-permitted  lotteries is  allowed  under  the 
exception for  non-profit conducted  lotteries listed  in 47 
C.F.R. § 73.1211(c)(4)(i).27  

     9.   Station Public  File.  A complainant  alleged that 
Isothermal has violated 47  C.F.R. § 73.3527(e)(9) regarding 
the  maintenance of  WNCW(FM)'s public  file's donor  lists.  
Specifically,  he claimed  that during  his April  18, 2002, 
visit  to the  station,  the public  file's  donor list  was 
incomplete  because  it  included information  current  only 
through January 10, 2002.28   In  its response to our letter 
of investigation,  Isothermal contends  that ``a  list dated 
April 5,  2002, was in the  public file at that  time,'' and 
that  the station's  practice is  to update  the donor  list 
section of  the file on  a quarterly basis.29  In  his reply 
comments to Isothermal's  response, the complainant disputes 
the  licensee's claim,  and  submits a  copy  of the  public 
file's donor list dated January  10, 2002, which he contends 
was the most recent material  contained in the public file's 
pertinent section at the time of his station visit.30    

     10.  There appears  to be a genuine  factual dispute as 
to the  contents of  WNCW(FM)'s  public file at the  time of 
the  complainant's  visit  that  we cannot  resolve  on  the 
current record.   We note,  however, that  if the  list were 
accurate through January 10, instead of April 18, 2002, then 
Isothermal's admitted practice of revising the public file's 
donor list  on only  a quarterly  basis would  not represent 
compliance with 47 C.F.R.  § 73.3527(e)(9), because the rule 
contemplates that the  donor list be updated  once a program 
is broadcast.31  Noncommercial licensees should revise their 
stations' donor lists  on an ongoing basis, as  they add new 
donors  to  their  roster  of program  supporters.   In  the 
noncommercial service,  the practice  of regular  donor list 
revision is  particularly important because, in  some cases, 
it is the  only way by which the  licensee's compliance with 
the Commission's sponsorship-identification  rule, 47 C.F.R. 
§ 73.1212,  may be ascertained.32  Thus,  we urge Isothermal 
to amend  its practice to  revise the station's  public file 
donor list when new program sponsors are added.33

   11.         Reprisals     Threatened      Against     FCC 
Complainants.    One  of   the  complainants   alleged  that 
Isothermal  engaged in  intimidating conduct  by having  its 
employee send  unsolicited and  harassing e-mail  traffic in 
reprisal  for  the  FCC complaint,  contrary  to  Commission 
policy prohibiting  retaliatory conduct by  licensees.34  We 
reject this  allegation.  A  finding of  ``[i]ntimidation or 
harassment  of witnesses  requires threats  of reprisals  or 
some  other  unnecessary   and  abusive  conduct  reasonably 
calculated to dissuade a witness  from continuing his or her 
involvement  in   a  proceeding.''35   In  this   case,  the 
complainant  cites  to  ``annoying''   e-mail  sent  by  the 
Director of Administrative  Services of Isothermal Community 
College.36  The  text of the complained-of  e-mail messages, 
however, make  no threat of any  kind, and do not  appear to 
have been  calculated to  intimidate the complainant  or any 
other party from making complaints  to the FCC.  Rather, the 
e-mail   messages   appear    to   contain   mostly   benign 
communications concerning station events.  In the absence of 
evidence  of  a calculated  attempt  to  threaten or  harass 
complainants,  we  find  no  merit to  this  aspect  of  the 
complaint.37  


                  IV.  PROPOSED FORFEITURE
   12.    We conclude  that a monetary forfeiture  should be 
imposed against  Isothermal.  Based  on the  evidence before 
us, we find  that Isothermal conducted its  April 2-8, 2002, 
on-air raffle  without making regular  announcements setting 
forth the material terms of the contest, in apparent willful 
and   repeated  violation   of   Section   73.1216  of   the 
Commission's  rules.   The  Commission's  Forfeiture  Policy 
Statement  sets a  base forfeiture  amount of  $4,000 for  a 
violation of Section 73.1216 of the rules.38  Based upon our 
review of all  the pertinent factors as  required by Section 
503(b)(2)(D) of the Act, we believe that a $4,000 forfeiture 
is appropriate.


                    V.  ORDERING CLAUSES

   13.    ACCORDINGLY,  IT IS  ORDERED  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,39 
Isothermal  Community  College  is hereby  NOTIFIED  of  its 
APPARENT  LIABILITY FOR  FORFEITURE  in the  amount of  Four 
Thousand  Dollars  ($4,000)  for  willfully  and  repeatedly 
violating Section 73.1216 of the Commission's rules.

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

   15.    Payment of  the forfeiture  may be made  by credit 
card  through the  Commission's Credit  and Debt  Management 
Center at  (202) 418-1995 or  by mailing a check  or similar 
instrument,   payable   to   the  order   of   the   Federal 
Communications  Commission,  to  the  Forfeiture  Collection 
Section, Finance Branch,  Federal Communications Commission, 
P.O. Box  73482, Chicago, Illinois 60673-7482.   The payment 
should note the NAL/Acct. No. referenced above.


   16.           The response,  if  any, must  be mailed  to 
Maureen  F. Del  Duca,  Chief,  Investigations and  Hearings 
Division,   Enforcement   Bureau,   Federal   Communications 
Commission, 445 12th Street, S.W, Room 3-B443, Washington DC 
20554 and MUST INCLUDE the file number listed above.

   17.         Under the Small Business Paperwork Relief Act 
of 2002, Pub L. No. 107-198,  116 Stat. 729 (June 28, 2002), 
the FCC is engaged in  a two-year tracking process regarding 
the size of entities involved in forfeitures.  If Isothermal 
qualifies as a  small entity and if it wishes  to be treated 
as  a  small entity  for  tracking  purposes, it  should  so 
certify to us within thirty (30) days of this NAL, either in 
its response to  the NAL or in a separate  filing to be sent 
to  the  Enforcement   Bureau.   Isothermal's  certification 
should  indicate whether  it, including  Isothermals' parent 
entity  and  its  subsidiaries,  if any,  meet  one  of  the 
definitions  set forth  in the  list provided  by the  FCC's 
Office of  Communications Business  Opportunities (``OCBO'') 
set forth  in Attachment  A of  this NAL.   This information 
will  be  used  for tracking  purposes  only.   Isothermal's 
response or failure to respond to this question will have no 
effect  on  its  rights  and  responsibilities  pursuant  to 
Section 503(b) of the Communications Act.  If Isothermal has 
questions  regarding any  of  the  information contained  in 
Attachment A, it should contact OCBO at (202) 418-0990.

   18.         IT IS ALSO ORDERED, that the complaints filed 
in this matter  ARE GRANTED to the  extent indicated herein, 
and ARE  OTHERWISE DENIED,  and the complaint  proceeding IS 
HEREBY TERMINATED.40 

   19.     IT IS FURTHER ORDERED  that a copy of this Notice 
shall be  sent, by Certified Mail/Return  Receipt Requested, 
to the  licensee, Isothermal Community College,  at P.O. Box 
804,  Spindale, North  Carolina 28160,  and to  its counsel, 
Steven  Schaffer, Esq.,  Schwartz, Woods  & Miller,  at 1350 
Connecticut  Avenue, NW,  Suite 300,  Washington, DC  20036-
1717.

                                                                           
FEDERAL  COMMUNICATIONS COMMISSION


                                                                 
David H. Solomon
                                                                 
Chief, Enforcement Bureau































                        ATTACHMENT A


                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                 Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                      $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International Broadcast 
Stations






                                 $12.5 Million in Annual 
                                    Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                         or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution       Auction Special Size Standard -
Service                       Small Business is less than 
                             $40M in annual gross revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -       Auction special size standard -
Phase II Licensees            Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             controlling principals)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal            Auction special size standard -
Communications Services       Small Business is $40M or less 
(Block C)                     in annual gross revenues for 
                             three previous calendar years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three 
                             calendar years (includes 
                             affiliates and persons or 
                             entities that hold interest in 
                             such entity and their 
                             affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile    Auction special size standard -
Radio                         Small Business is $15M or less 
                             average annual gross revenues 
                             for three preceding calendar 
                             years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                       N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small Business is 1,500 
Public Safety Radio Services  employees or less
                             Small Government Entities has 
                             population of less than 50,000 
                             persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                     N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications       Small Business is $40M or less 
Services                      average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction special size standard 
                             (1996) -
Multipoint Distribution       Small Business is $40M or less 
Service                       average annual gross revenues 
                             for three preceding calendar 
                             years
                             Prior to Auction -
                             Small Business has annual 
                             revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service              $12.5 Million in Annual 
                                    Receipts or Less
Instructional Television 
Fixed Service
                             Auction special size standard 
                             (1998) -
Local Multipoint              Small Business is $40M or less 
Distribution Service          average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             First Auction special size 
                             standard (1994) -
                             Small Business is an entity 
                             that, together with its 
                             affiliates, has no more than a 
218-219 MHZ Service           $6M net worth and, after 
                             federal income taxes (excluding 
                             carryover losses) has no more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
Satellite Master Antenna 
Television Systems                $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees     Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                     $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels              $6 Million in Annual Receipts 
                                         or Less
Tower Owners                  (See Lessee's Type of Business)
                                                             

_________________________

1 47 C.F.R. § 73.1216.  

2 See Letter from Complainant to the Chief, Investigations & 
Hearings Division, Enforcement Bureau,  dated April 18, 2002 
(``Complaint #1'');  Letter from  Complainant to  the Chief, 
Investigations  &  Hearings  Division,  Enforcement  Bureau, 
dated  April   8,  2002  (``Complaint  #2'');   Letter  from 
Complainant   to  the   Chief,  Investigations   &  Hearings 
Division,   Enforcement   Bureau,   dated  April   9,   2002 
(``Complaint #3'');  Letter from  Complainant to  the Chief, 
Investigations  &  Hearings  Division,  Enforcement  Bureau, 
dated April 23, 2002 (``Complaint #4'').

3 See Complaint #1.

4 See December 2-5, 2002, supplements to Complaint #4.  

5  See Complaints  # 1  and #  3.  The  complainants do  not 
suggest, however, that the contest  prizes were given by the 
underwriter to  support any specific station  program, which 
would  require sponsorship  identification,  only that  they 
were  given to  support  the  station's fundraising  efforts 
generally, which would not implicate the rule.  Accordingly, 
we find  that this aspect  of their complaints do  not raise 
any Commission rule compliance issue.

6  See Letter  from the  Chief, Investigations  and Hearings 
Division,  Enforcement   Bureau,  to   Isothermal  Community 
College, dated November 8,  2002. (``LOI'').  Because of the 
nature of the  complaints, in the LOI,  we also investigated 
whether the contest also constituted a lottery prohibited by 
Title 18 U.S.C. § 1304 and 47 C.F.R. § 73.1211.

7 See Letter from Isothermal Community College to the Chief, 
Investigations  and Hearings  Division, Enforcement  Bureau, 
dated December 9, 2002 (``Isothermal's Response'').

8 47 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  18 
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.,  (MO&O), 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'' merely 
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.    

9 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).

10 See,  e.g., SBC  Communications, Inc.,  17 FCC  Rcd 7589, 
7591, ¶ 4 (2002)(forfeiture paid). 

11 Id.

12 See Complaint #4.

13 Id.

14 See Isothermal's Response at 2.

15 Id. at 2, 4.

16 47 C.F.R. § 73.1216.

17 Note 2 to the rule  indicates that the time and manner of 
disclosure of the material terms of a contest are within the 
licensee's discretion.  However,  the obligation to disclose 
the material terms  arises at the time that  the audience is 
first  told  how  to  enter  or  participate  and  continues 
thereafter.   The  material   terms   should  be   disclosed 
periodically  by  announcements  broadcast  on  the  station 
conducting the contest, but need not be enumerated each time 
an   announcement  promoting   the  contest   is  broadcast.  
Disclosure  of  material terms  in  a  reasonable number  of 
announcements  is sufficient.  In addition  to the  required 
broadcast  announcements, disclosure  of the  material terms 
may  be made  in a  non-broadcast manner.   See 47  C.F.R. § 
73.1216 n.2.

18 See  Isothermal's Response  at 1.   Isothermal represents 
that  the rules  governing its  contest were  placed on  its 
website in June 2002.

19 47 C.F.R. § 73.1216 n.2 (emphasis added).

20 Id.

21  See, e.g., AK  Media Group,  Inc., 15  FCC Rcd  7541 (EB 
2000).

22 See,  e.g., Exhibit 3  to January 6, 2003,  supplement to 
Complaint #4, citing April 2 and 3, 2002, broadcasts:

Voice 1:  ``We have accommodations in the Mount Vernon Suite 
at the Morehead Inn on April 26 and 27.  So, a great package 
that we are going to give away tonight.  And, if you want to 
have a chance to win, all  you have to do is call right now.  
800-245-8870.  Pledge  your  support¾automatically  you  are 
entered, and we'll draw tonight.

Voice  2:  ``There  is no  better way,  no better  time than 
right now  to call in  your pledge of support  at 1-800-245-
9970.  If  you need a little  reminder of what a  great disc 
that concert for  a Landmine Free World are,  there are some 
wonderful  artists o there  . .  . among  them, one  of your 
favorites, John Prine . . . .''

Voice  1:  ``If  anybody around  here has  been to  the LEAF 
Festival, they know that sometimes, oftentimes, there are no 
passes left by  the time you decide to go.   So, if you want 
to have a chance at picking up a couple passes, right now is 
your chance to  do it.  If you give us  a call at 1-800-245-
8870, you'll be  entered into the raffle;  if you've already 
called us, you are entered into the raffle.''

Voice 2:  ``That's right.''

Voice 1:  ``If you've pledged  online at WNCW.org, which you 
can still do,  if you are listening online,  you are entered 
into the raffle,  and if you have mailed in  your pledge, we 
thank you  from the bottom  of our  heart, and you  are also 
entered into the raffle.''

See  also  Isothermal's  Response,  citing  April  3,  2002, 
broadcast: 

Voice  1:  ``So  you'll draw.   You have  a thing  tomorrow.  
You've got  a thing the next  day, a thing the  next.  We've 
got raffle items  happening every single day this  week. . .  
.  

Who  knows?   You know,  people  who  pledge.  It  basically 
becomes,  you know,  basically  a finite  number of  people.  
It's people who pledge or call at (800) 245-8870.  Make that 
pledge  and be  entered  into those  drawings.  You're  just 
basically supporting great music that you like to listen to, 
that you  enjoy having on  your radio dial.  It's  all there 
for you.   You're making  it possible.  Make  that telephone 
ring.  (800) 245-8870.''

23 Isothermal's Response at 2-3. 

24  18 U.S.C.  § 1304  provides that  whoever broadcasts  by 
means of radio of television  station for which a license is 
required   by any  law  of the  United  States, or  whoever, 
operation such  station, knowingly permits  the broadcasting 
of,  any  advertisement  of or  information  concerning  any 
lottery, gift enterprise, or similar scheme, offering prizes 
dependent in  whole or in  part upon  lot or chance,  or any 
list of  the prizes drawn  or awarded  by means of  any such 
lottery,  gift  enterprise,  or scheme,  whether  said  list 
contains  any part  or all  of such  prizes, shall  be fined 
under this  title or imprisoned  not more than one  year, or 
both.

25  47   C.F.R.  §  73.1211  provides   that,  with  certain 
exceptions, no licensee of an AM, FM, television, or Class A 
television station, shall broadcast  any advertisement of or 
information  concerning  any  lottery, gift  enterprise,  or 
similar  scheme, offering  prizes dependent  in whole  or in 
part  upon  lot  or  chance.   Citing  the  Supreme  Court's 
decision in Greater New Orleans Broadcasting Ass'n v. United 
States, 119  S. Ct.  1923 (1999),  the Commission  no longer 
enforces this prohibition against the truthful advertisement 
of   lawful  casino   gambling.    See  Casino   Advertising 
Enforcement  Pending  Disposition of  Players  International 
Case, Public Notice, DA 99-2034 (MMB Sept. 30, 1999).   

26 See North Carolina Statutes § 14-309.15.

27 47 C.F.R. § 73.1211(c)(4)(i) permits the advertisement or 
conduct of  a lottery,  gift enterprise, or  similar scheme, 
other than  a state-run lottery,  that is authorized  or not 
otherwise prohibited by  the state in which  it is conducted  
and which is conducted by a not-for-profit organization or a 
governmental organization.

28 See Complaint #1.

29 See Isothermal's Response at 3. 

30 See Letter from  Complainant to the Chief, Investigations 
& Hearings Division, Enforcement  Bureau, dated December 28, 
2002 (``Complainant #1's Reply'').

31 47 C.F.R.  § 73.3527(e)(9) provides that  the public file 
shall  contain:    ``Donor  Lists:   The  lists   of  donors 
supporting specific programs.  These lists shall be retained 
for two years from the date of the broadcast of the specific 
program supported.''  Isothermal's  practice of revising the 
file's donor list once every  three months would comply with 
the  rule only  if new  program sponsors  were added  at the 
conclusion of each quarter, and at no other time. 

32 See Commission Policy Concerning the Noncommercial Nature 
of Educational Broadcast  Stations, 90 FCC 2d 895,  901 at ¶ 
11,   n.18   (1982)    (wherein   the   Commission   granted 
noncommercial     licensees     prospective     sponsorship-
identification  rule   waivers  to  excuse  them   from  the 
obligation of identifying  less substantial program sponsors 
at the time of the broadcast of multiply-sponsored programs.  
However, the Commission granted this relief on the condition 
that noncommercial licensees  would identify all unmentioned 
sponsors through  a ``complete donor  list . .  . maintained 
and accessible through [the Public Broadcast Service, in the 
case of such station  affiliation], or the individual public 
broadcast station itself'').

33  Having been  admonished  for violation  of  47 C.F.R.  § 
73.3527  in the  recent  past, Isothermal  should have  been 
sensitized to  the importance  of maintaining a  current and 
accurate  public  file.   See  In  re  Isothermal  Community 
College, 16  FCC Rcd 21360  (EB 2001)(MO&O), recon.,  17 FCC 
Rcd  22666 (EB  2002) (admonishing  licensee for  failure to 
maintain an updated public file).

34 See December 2-5, 2002, supplements to Complaint #4.  

35  Kaye-Smith Enterprises,  98 FCC  2d 675,  682 (Rev.  Bd. 
1984), recon. denied, 98 FCC  2d 670 (Rev. Bd. 1984), review 
denied,  FCC  85-192,  released  April 19,  1985,  aff'd  by 
judgment sub  nom. Hoffart v.  FCC, 787 F.2d 675  (D.C. Cir. 
1986), citing Chronicle Broadcasting Co., 19 FCC 2d 240, 244 
(Rev. Bd. 1969) (subsequent history omitted).

36 See December 2-5, 2002, supplements to Complaint #4.

37  Cf. Patrick  Henry, 69  FCC  2d 1305  (1978) (where  the 
Commission, concerned with  the ``chilling'' effect licensee 
reprisals  might have  on  potential  complainants, found  a 
substantial  and  material  question   of  fact  as  to  the 
licensee's motivations for threatening  and bringing a civil 
suit against a complainant). 

38   The   Commission's  Forfeiture  Policy   Statement  and 
Amendment of Section 1.80 of  the Commission's Rules, 12 FCC 
Rcd  17087,  17114 (1997),  recon.  denied  15 FCC  Rcd  303 
(1999); 47 C.F.R. § 1.80(b).

39  47 C.F.R. §§ 0.111, 0.311 and 1.80.

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