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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
                                                     EB-03-IH-0687           
     In the Matter of                            )                           
                                                     Facility ID No. 133411  
     POWER RADIO CORPORATION                     )                           
                                                     NAL/Account No.         
     Licensee of Noncommercial Educational       )   200932080020            
     Station KXPW-LP, Georgetown, Texas                                      
                                                 )   FRN 0006560650          
                                                                             
                                                 )                           


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: March 18, 2009 Released: March 18, 2009

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

   1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
   that Power Radio Corporation ("PRC"), licensee of noncommercial
   educational Station KXPW-LP, Georgetown, Texas, willfully and repeatedly
   broadcast prohibited advertisements in apparent violation of Section 399B
   of the Communications Act of 1934, as amended (the "Act"), and Sections
   73.503 and 73.801 of the Commission's rules.  Based upon our review of the
   facts and circumstances of this case, we conclude that PRC is apparently
   liable for a monetary forfeiture in the amount of twenty thousand dollars
   ($20,000).

   II. BACKGROUND

   2. This case arises from a complaint made to the Commission in November
   2003, alleging that noncommercial educational Station KXPW-LP broadcast
   prohibited underwriting announcements on July 16, 2003. Thereafter, the
   Enforcement Bureau ("Bureau") inquired of the licensee concerning the
   allegations contained in the complaint. PRC responded to the August 9th
   LOI on September 13, 2004. Prior to that response, however, the
   Complainant alleged that the station had aired further prohibited
   underwriting announcements on August 23 and 24, 2004, about which the
   Bureau inquired on October 20, 2004. Further responsive pleadings
   followed.

   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.
   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 PRC is apparently liable for a forfeiture in the
   amount of twenty thousand dollars ($20,000) for its apparent willful and
   repeated violations of Section 399B of the Act and the Commission's
   underwriting rules.

    A. PRC Has Willfully and Repeatedly Broadcast Advertisements in Apparent
       Violation of Section 399B of the Act and Sections 73.503 and 73.801 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 which PRC admits
   that Station KXPW-LP broadcast between July 2003 and September 2004. PRC
   claims that the announcements were revised in June and then again in
   September 2004 in an attempt to conform them to the Commission's
   underwriting guidelines. PRC acknowledges that it received remuneration
   for airing the messages on behalf of the station's underwriters, all of
   whom are for-profit entities. PRC provided information representing that,
   aggregately, the eight subject announcements were repeated several
   thousand times from July 2003, through September 2004.

   6. After careful review of the record in this case, we find that the eight
   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, notwithstanding 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,
   distinguish favorably the respective underwriters from their competitors
   by stating or implying that they offer superior service, products or
   price, and describe their underwriters through comparative and qualitative
   references made either directly or by customer testimonials.  For example,
   the announcement for Post Net invites business patronage and distinguishes
   the shop from its competitors by stating, "Post Net is your one-stop shop
   for black and white [and] color copies...You can stop by one of our two
   locations. Or you may call [telephone number]." The announcements for
   Christian Brothers Automotive, G&F Air Conditioning & Heating, Jonestreet
   Mortgage, Sock-Hop & Inflatable Wonderland and Schilitterbahn Water Park
   all contain claims of superior service and qualitative characterizations,
   such as "Christian Brothers takes pride in their honest and reliable
   service;" "G&F came out that day and the service was terrific;" "Having
   the...character and integrity to do what we [i.e. Jonestreet] say we're
   going to do;" "Our [i.e. Sock Hop's] dedicated, friendly staff loves
   children and provides a safe atmosphere for you and your child;" and
   "[I]t's [i.e., Schlitterbahn] been named America's number one water park
   ... filled with cutting edge attractions." The announcements for Rockin'
   Tomato Pizza Company included clear comparative statements - "a unique
   eatery" - and qualitative descriptions - "made with only the freshest
   ingredients" and a "fun family environment." Similarly, the announcements
   for Double Dave's Pizzaworks are qualitative in nature, including "[w]hen
   you need a break they['ve] got the right food and it's a really great
   place," and "their world-famous pepperoni rolls."

   7. Contributing to our finding is the fact that many of these
   announcements appear to exceed thirty seconds in length. Although the
   Commission has not imposed quantitative limits on the length of
   underwriting announcements, it has found that the longer the
   announcements, the more likely they are to contain material, as here, that
   is inconsistent with the "identification only" purpose of such
   announcements.

   8. Specifically, we find that PRC broadcast unlawful announcements on
   behalf of Schlitterbahn Water Park from July 2003 through August 2003. We
   further find that PRC broadcast unlawful announcements on behalf of Double
   Dave's Pizzaworks and G&F Air Conditioning & Heating from July 2003
   through July 2004. For varying periods between July 2003 and September
   2004, PRC made unlawful announcements on behalf of Rockin' Tomato Pizza
   Company, Jonestreet Mortgage, Sock-Hop & Inflatable Wonderland, Post Net,
   and Christian Brothers Automotive.

   9. In its November 17th Reply, the Complainant argues that Station KXPW-LP
   continued to air prohibited underwriting announcements subsequent to
   having received our August 9th LOI, and that this prompted it to file its
   August 24th Complaint.  The Complainant contends that the fact that these
   later broadcasts were made constitutes not only evidence of further
   underwriting rule violations, but casts doubt on the accuracy of certain
   representations PRC made to the Commission in its September 13th Response
   that, according to the Complainant, implied that the station had by then
   achieved underwriting rule compliance. We reject this argument. In the
   August 9th LOI, we directed PRC to respond to specific and detailed
   factual inquiries that asked the licensee to describe, among other things,
   its station underwriting policies and procedures. In its September 13th
   Response, PRC outlined the steps it had taken, and was continuing to take,
   to modify its underwriting policies and procedures. Those steps apparently
   included PRC's hiring of communications counsel after it had received the
   August 9th LOI to assist it in evaluating and reforming its underwriting
   practices, where necessary. There is no assertion in the September 13th
   Response that PRC had achieved full compliance and PRC's recitation of the
   steps it took to improve its compliance in no way implies such a
   certification. Moreover, even assuming, arguendo, that PRC had committed
   additional apparent underwriting rule violations while preparing to
   respond to our August 9th LOI, that fact alone does not raise a question
   of misrepresentation or lack of candor. There is, therefore, no basis on
   which to conclude that PRC failed to observe its duty to be truthful and
   candid before the Commission.

   B. Proposed Action

   10. 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."

   11. In the Christian Voice NAL, the Bureau proposed a twenty thousand
   dollar ($20,000) forfeiture against a noncommercial educational broadcast
   licensee for airing a significant number of announcements in apparent
   violation of the Commission's underwriting rules over a fifteen-month
   period of time. Here, we find that PRC willfully and repeatedly broadcast
   eight separate advertisements, comprising thousands of separate
   broadcasts, in apparent 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 because of the lengthy period of time over which
   the prohibited announcements were aired, the large number of announcements
   and broadcasts involved, and their often blatantly promotional nature.
   Based on all the circumstances, and after examining forfeiture actions in
   other recent underwriting cases, we believe that a forfeiture of twenty
   thousand dollars ($20,000) is appropriate.

   12. We further caution PRC and all noncommercial educational licensees
   that, in future cases, violations of the type encountered here may result
   in even harsher sanctions than we propose in this case. Licensees have an
   ongoing duty to understand and carefully abide by the limitations in the
   Act and in our rules on advertising on noncommercial stations. The
   multiple, longstanding, and blatant nature of the violations here reflect
   an unacceptable disregard for that duty and we intend to deter such
   behavior in the future by appropriate necessary means, including
   substantially higher forfeitures.

   13. Accordingly, applying the Forfeiture Policy Statement and the
   statutory factors to this case, we conclude that PRC is apparently liable
   for a forfeiture in the amount of twenty thousand dollars ($20,000) for
   apparently willfully and repeatedly violating the Commission's
   underwriting rules.

   IV. ORDERING CLAUSES

   14. 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, Power Radio Corporation, licensee of noncommercial educational
   Station KXPW-LP, Georgetown, Texas, IS HEREBY NOTIFIED OF ITS APPARENT
   LIABILITY FOR A FORFEITURE in the amount of twenty thousand dollars
   ($20,000) for willfully and repeatedly broadcasting advertisements in
   violation of Section 399B of the Act, 47 U.S.C. S: 399b, and Sections
   73.503 and 73.801 of the Commission's rules, 47 C.F.R. S:S: 73.503 and
   73.801, during the period July 2003, through September 2004.

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

   16. 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:
   ARINQUIRIES@fcc.gov with any questions regarding payment procedures. Power
   Radio Corporation will also send electronic notification on the date said
   payment is made to Hillary.DeNigro@fcc.gov, Kenneth.Scheibel@fcc.gov, and
   Anita.Patankar-Stoll@fcc.gov.

   17. 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
   Hillary.DeNigro@fcc.gov, Kenneth.Scheibel@fcc.gov, and
   Anita.Patankar-Stoll@fcc.gov.

   18. 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.

   19. IT IS FURTHER ORDERED that the above-referenced complaints filed by
   Ixoye Productions, Inc. ARE GRANTED to the extent indicated herein and ARE
   OTHERWISE DENIED, and the instant complaint proceeding IS HEREBY
   TERMINATED.

   20. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by
   Certified Mail/Return Receipt Requested, to Power Radio Corporation, P.O.
   Box 73, Georgetown, Texas 78627, to its counsel, Lauren Lynch Flick, Esq.,
   Pillsbury Shaw Pittman, L.L.P., 2300 N Street, N.W., Washington, D.C.
   20037-1128, and by regular mail to counsel for the Complainant, Ixoye
   Productions, Inc., Barry A. Freidman, Esq., Thompson Hine, L.L.P., 1920 N
   Street, N.W., Washington, D.C. 20036-1600.

   FEDERAL COMMUNICATIONS COMMISSION

   Kris Anne Monteith

   Chief, Enforcement Bureau

                                   ATTACHMENT

   The following text was transcribed from underwriting announcements
   broadcast over noncommercial educational Station KXPW-LP, Georgetown,
   Texas.

   Double Dave's Pizzaworks

   Musical Jingle: Let's go to Double Dave's, Double Dave's. They've got the
   pizza with that fresh made taste to put a smile on your face. Let's go to
   Double Dave's, Double Dave's. When you need a break they got the right
   food and it's a really great place.

   Hey Power FM family, if you're looking for a family kind of place, with
   great pizza, at affordable prices, Double Dave's Pizzaworks [is] in east
   Round Rock. Double Dave's is a fun place to eat for lunch or diner with a
   large variety of pizzas, stromboli, stuffin[g]s, and their world-famous
   pepperoni rolls. Double Dave's also has a party room for special birthday
   celebrations, team get-togethers, or other group functions. They feature a
   daily lunch buffet with the same great food you can order in the
   restaurant or for delivery. Double Dave's Pizzaworks is located on Highway
   79 about a mile east of I-35 in Round Rock. Double Dave's phone number is
   388-DAVE. Double Dave's Pizzaworks, your neighborhood pizza place.

   Musical Jingle: Let's go to Double Dave's, Double Dave's. They've got the
   pizza with that fresh-baked taste to put a smile on your face. Let's go to
   Double Dave's.

   G&F Air Conditioning & Heating

   V1: Hey Lisa, I'm wondering if you know a reliable air conditioning
   company to contact. My air conditioner just went out and it's ten o'clock
   at night.

   V2: I sure do. One of my colleagues at work told me about G&F Air
   Conditioning & Heating. She said that G&F came out that day and the
   service was terrific. The technician explained what was wrong and what he
   had to do and how much it would cost to fix it right there and then. She
   said that the AC is running better than ever and the best part about it is
   she wasn't charged an arm and a leg. And I know that G&F is available
   twenty-four hours a day, seven days a week. So I'm keeping G&F's phone
   number handy.

   V1: What was that number for G&F?

   V2: G&F's number is 515-5289. That's 515-5289. Did you get that? That's
   515-5289.

   V1: Thanks, Lisa. Bye!

   G&F Air Conditioning & Heating-doing service calls and installations for
   residential and commercial, open twenty-four hours, seven days a week. You
   may call G&F at 515-5289. That's 515-5289.

   Rockin' Tomato Pizza Company

   Rockin' Tomato Pizza Company is a unique eatery offering a variety of
   traditional and deep dish pizzas, hot sub sandwiches, salads, pastas,
   calzones, and even burgers, all made with only the freshest ingredients.
   Rockin' Tomato Pizza Company offers as fun family environment. Rockin'
   Tomato Pizza Company is located at 920 East Palm Valley Road in round Rock
   about a mile east of I-35. For more information, you may call 388-EATZ.
   That's 388-3289. Rockin' Tomato Pizza Company -the little pizza joint that
   rocks.

   Schlitterbahn Water Park

   Musical Jingle: The hottest coolest times in Texas come play at
   Schlitterbahn.

   Enjoying the Texas summer by the river or by the beach. Schlitterbahn's
   got both covered. That's right, there are two Schlitterbahn water parks.
   Cool off along the banks of the spring-fed river at the original
   Schlitterbahn Water Park Resort in New Braunfels. It's one of the largest
   water parks in the world, and it's been named America's number one water
   park by the travel channel. Plus the park is surrounded by resort
   accommodations so you can stay right where you play and bask under the
   tropical sun at Schlitterbahn Beach Water Park. A tropical paradise at the
   southern tip of Texas next to the gulf of Mexico on South Padre Island,
   filled with cutting-edge attractions, and creature pleasing comforts.
   Schlitterbahn Beach offers you a completely different kind of experience.
   And while each park is unique, both are family owned, family operated, and
   family friendly. Park for free, bring your own picnic. There is always
   Coca-Cola. The two hottest coolest times in Texas, Schlitterbahn Water
   Park Resort in New Braunfels, and Schlitterbahn Beach Water Park on South
   Padre Island. For more information, schliterbahn.com

   Jonestreet Mortgage

   V1: Dave, you believe in miracles?

   V2: Why yes, honey, I do.

   V1: Have you seen one lately?

   V2: Why yes, honey, I have. When we bought this house my mortgage loan
   officer returned my calls every time. Did what he said he would do. We got
   just what we needed. And our loan even closed on time.

   V2: Why yeah, that is a miracle.

   V3: Hi. This is Chuck Jones, at Jonestreet Mortgage. Thankfully, miracles
   still happen today. However, it does not require a miracle for you to get
   the home loan you deserve. At Jonestreet Mortgage, our business philosophy
   is simple. Having the discipline to return your phone calls, the character
   and integrity to do what we say we're going to do, the experience to get
   you the loan you need, [and to] close on time, is what my professional
   team is all about. At Jonestreet Mortgage, anyone who touches your loan
   file has over ten years experience in the mortgage and banking industry.
   Let our experience take the stress out of your next home purchase and
   leave the miracles for the things that really need it. For more
   information, Chuck Jones at Jonestreet Mortgage, 619-8786. That's
   619-8786, or online at jonestreetmortgage.com

   Sock-Hop & Inflatable Wonderland

   Inflatable Wonderland, Austin's only indoor playground just for kids. You
   may come by or visit our new location at Lakeline Mall, lower level, below
   the movie theater and food court. Inflatable Wonderland specializes in
   birthday parties in our safe, fun-filled inflatable playground. We have
   Spiderman moon walks, Disney Princess moonwalks, obstacle courses, slides,
   crawl mazes, and our most popular, Dragon Hide and Slide. Our dedicated,
   friendly staff loves children and provides a safe atmosphere for you and
   your child. Inflatable Wonderland offers you and your child an
   interactive, physically challenging playtime. We welcome moms, clubs, day
   cares, churches, and other groups to play with us. Sock Hop's new location
   is located inside Lakeline mall. You may call 377-JUMP. That's 377-5867,
   for more information. Or on the web at sockhop.com

   Post Net

   Whatever you need to create, duplicate or deliver, Post Net is your
   one-stop shop for black and white/color copies, printing services, resume
   services, Fed Ex, UPS, and USPS. Private mailboxes, office supplies,
   binding, laminating, and much more. You can stop by one of our two
   locations-Parmer Lane and 1431 in Cedar Park, and Parmer Lane and McNeil
   in Austin. Or you may call 381-5855. That's 381-5855. Post Net, your place
   to create, duplicate, and deliver.

   Christian Brothers Automotive

   You have a lot riding on your car's reliability. Christian Brothers takes
   pride in their honest and reliable service. Their ASE-certified master
   technicians will never work on your vehicle until you understand and
   approve the estimate. You can relax in their clean and comfortable waiting
   room or take advantage of their free local shuttle service. From simple
   light-bulb replacement to complex engine diagnosis and repairs, you can
   trust Christian Brothers Automotive. Two locations to serve you. The Cedar
   Park location at 918-2886. That's 218-2886. Or the Round Rock location at
   248-1000. That's 248-1000. Or you may look them up on the web at
   www.cba-cp or www.cba-rr.com. For more information, you may contact them
   and they will provide you with information to help maintain your vehicle
   and ensure your vehicle's reliability. Christian Brothers Automotive,
   caring for the family, caring for the family car.

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

   See 47 C.F.R. S:S: 73.503, 73.801. We note that Section 73.801 makes
   certain rules, including Section 73.503, applicable to low power FM
   stations, such as Station KXPW-LP.

   See Letter from Barry A. Friedman, Esq., to William D. Freedman, Deputy
   Chief, Investigations and Hearings Division, Enforcement Bureau, dated
   November 5, 2003 ("November 5th Complaint"), filed on behalf of Ixoye
   Productions, Inc., licensee of noncommercial educational Station KNLE-FM,
   Round Rock, Texas ("Complainant").

   See Letter from William D. Freedman, Deputy Chief, Investigations and
   Hearings Division, Enforcement Bureau, to PRC, dated August 9, 2004
   ("August 9th LOI").

   See Letter from Lauren Lynch Flick, Esq., to Kenneth M. Scheibel, Jr.,
   Attorney, Investigations and Hearings Division, Enforcement Bureau, dated
   September 13, 2004, and filed on behalf of PRC ("September 13th
   Response").

   See Letter from Barry A. Friedman, Esq., to William D. Freedman, Deputy
   Chief, Investigations and Hearings Division, Enforcement Bureau, dated
   August 24, 2004 ("August 24th Complaint"); Letter from William D.
   Freedman, Deputy Chief, Investigations and Hearings Division, Enforcement
   Bureau, to PRC, dated October 20, 2004 ("October 20th LOI").

   See Letter from Lauren Lynch Flick, Esq., to Kenneth M. Scheibel, Jr.,
   Attorney, Investigations and Hearings Division, Enforcement Bureau, dated
   November 9, 2004 ("November 9th Response"); Letter from Barry A. Friedman,
   Esq., to William D. Freedman, Deputy Chief, Investigations and Hearings
   Division, Enforcement Bureau, dated November 17, 2004 ("November 17th
   Reply"); Letter from Lauren Lynch Flick, Esq., to Kenneth M. Scheibel,
   Jr., Attorney, Investigations and Hearings Division, Enforcement Bureau,
   dated January 24, 2005 ("January 24th 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.

   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 Commission Policy Concerning the Noncommercial Nature of Educational
   Broadcasting Stations, Public Notice (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) (collectively "Xavier").

   See September 13th Response at 3-5; November 9th Response at 3-5. PRC
   claims that it cannot provide specific information identifying the exact
   times and dates that the subject underwriting announcements aired, but
   instead relies on its underwriter contract information to estimate the
   period of time during which the announcements aired, and the number of
   daily repetitions that were made. See id. Thus, our findings herein are
   based on that information.

   See id.

   A ninth announcement concerning the Powerline Conference was aired, but
   PRC represents that the underwriters of the Powerline Conference and
   Exodus Ministries are not-for-profit entities. See September 13th Response
   at 5; November 9th Response at 4. Accordingly, that announcement is not
   considered here.

   See September 13th Response at 3-5 & Exhibits A-C attached thereto;
   November 9th Response at 3-5 & Exhibit A attached thereto.

   Because promotional messages made on behalf of not-for-profit entities are
   permissible, we do not include those made on behalf of Powerline
   Conference in our finding. See Commission Policy Concerning the
   Noncommercial Nature of Educational Broadcast Stations, Report and Order,
   90 FCC 2d 895, 900 n.16 (1982), recon., 97 FCC 2d 255 (1984) ("1982 Policy
   Statement") (noting that institutions which qualify under IRS guidelines
   as not-for-profit organizations may be promoted).

   See Public Notice, supra n.18.

   See Attachment, Post Net announcement.

   See Attachment, Christian Brothers Automotive announcement, G&F Air
   Conditioning & Heating announcement, Jonestreet Mortgage announcement,
   Sock-Hop & Inflatable Wonderland announcement, and Schlitterbahn Water
   Park announcement.

   See Attachment, Rockin' Tomato Pizza Company announcement, and Double
   Dave's Pizzaworks announcement.

   See Public Notice, supra n.18.

   The announcements made on behalf of Schlitterbahn Water Park, which were
   aired in exchange for consideration consisting of trade-out giveaway
   tickets, were not among those revised in June 2004 or September 2004
   because they were aired only from July 2003 through August 2003. See
   September 13th Response at 4-5 & Exhibit C.

   PRC represents that, in June 2004, it revised the underwriting
   announcements concerning Double Dave's Pizzaworks and G&F Air Conditioning
   & Heating, and provided to us their amended texts for evaluation. See
   September 13th Response at 3-5 & Exhibits D-E attached thereto. We find,
   however, that these announcements, even as revised, remained impermissibly
   promotional.

   PRC contends that it retained communications counsel and undertook
   "targeted editing" in September 2004 with regard to each of the foregoing
   announcements, except those made on behalf of Rockin' Tomato Pizza Co. See
   November 9th Response at 3. We find that the September 2004 revisions
   appear to render the announcements acceptable under our rules. With
   respect to the Rockin' Tomato Pizza Company announcement, PRC submitted
   revised text but did not indicate whether or when it was actually
   utilized. Id. Being uncertain whether the purported revision was ever
   substituted for the earlier promotional text, we will not consider PRC's
   broadcast of any of the post-September 2004 Rockin' Tomato Pizza Co.
   announcements in conjunction with our determination of the forfeiture
   amount.

   See generally, November 17th Reply.

   See id.; see also 47 C.F.R. S: 1.17.

   See September 13th Response at 5-6.

   See id.

   See id.

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

   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. 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)), Notice of Apparent
   Liability, 19 FCC Rcd 23663 (Enf. Bur. 2004) (twenty thousand dollar
   ($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)
   (forfeiture paid) (collectively "Christian Voice").

   This finding does not include those announcements made on behalf of
   Powerline Conference or Exodus Ministries because, as noted, PRC
   represents that they operate as not-for-profit entities. See September
   13th Response at 5; November 9th Response at 4.

   See, e.g., Christian Voice, supra n.42.

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

   Federal Communications Commission DA 09-51

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   Federal Communications Commission ____DA 09-51