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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                         )                                   
     In the Matter of                                                        
                                         )   File Number: EB-06-IH-3725      
     Access.1 New Jersey License                                             
     Company, LLC                        )   Facility ID Number: 61111       
                                                                             
     Licensee of Station WMGM-TV,        )   NAL/Acct. Number: 201132080024  
                                                                             
     Wildwood, New Jersey                )   FRN: 0009510595                 
                                                                             
                                         )                                   


                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: March 24, 2011 Released: March 24, 2011

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we assess
       a monetary forfeiture in the amount of four thousand dollars ($4,000)
       against Access.1 New Jersey License Company, LLC ("Access.1" or "the
       Licensee"), licensee of Station WMGM-TV, Wildwood, New Jersey
       ("Station WMGM-TV" or "the Station"), for its apparent willful
       violation of section 317 of the Communications Act, as amended ("the
       Act"), and section 73.1212 of the Commission's rules. As discussed
       below, we find that Access.1 apparently violated section 317 of the
       Act and the Commission's sponsorship identification rule.

   II. BACKGROUND

    2. The Commission received a complaint jointly filed by Free Press and
       the Center for Media and Democracy ("CMD") alleging that Access.1's
       Station WMGM-TV had aired a Video News Release ("VNR") produced for
       Matrixx Initiatives, the makers of Zicam cold remedy, without also
       airing a sponsorship identification announcement. The Enforcement
       Bureau ("Bureau") issued a letter of inquiry to the Licensee
       concerning the allegations raised in the Complaint.

    3. Access.1 responded to the LOI and stated that Station WMGM-TV aired an
       edited version of the Matrixx Initiatives Zicam VNR on October 18,
       2006 during the "Lifeline" health segment that appears on the Station
       once a week. Access.1 further stated that it had received the VNR from
       D S Simon Productions.

    4. Access.1 provided a recording and transcript of the broadcast at
       issue. Before a commercial break, Station WMGM-TV's anchor previewed
       upcoming segments, and stated: "And we will show you how to treat the
       common cold, especially when you are traveling." Following the break,
       the Station's anchor introduced the VNR as follows: "Health reporter
       Robin Stoloff joins us tonight to tell us how to take care of a common
       medical ailment." The transcript, in its entirety, is as follows:

   [Reporter] A national survey by Harris Interactive, shows only nine
   percent of travelers over the age of thirty say they feel very
   knowledgeable about how to treat the common cold. This is especially
   important as we begin the cold and flu season and one of the biggest
   travel times of the year.

   [Voiceover] Nearly two-thirds of U.S. travelers [thirty] and over say they
   are somewhat or not at all knowledgeable about treating the common cold,
   according to the new Zicam Travel Well Survey conducted by Harris
   Interactive. Yet [two] out of [five] travelers surveyed say colds have
   negatively impacted their trips.

   Allison Janse wrote Germ Freak's Guide to Outwitting Colds & Flu, she says
   being a mother of premature twins made her start researching how to avoid
   germs.

   [Caption: Allison Janse, Author] You can do everything I say in my book.
   You can eat right, exercise, walk around in a bubble suit. But,
   eventually, you're gonna get sick. And in m[y] research, I found that
   homeopathic zinc products can shorten the duration of your illness.

   [Voiceover] Travelers are at [an] increased risk of getting sick because
   of things like greater exposure to viruses, stress and other variables.
   The survey showed [four] in [five] of the U.S. travelers surveyed believe
   the worst time to catch the common cold is while traveling.

   Dr. Mark Siegel of New York University says that obtaining relief is
   possible, but that it's important to begin treatment as soon as symptoms
   occur.

   [Caption: Dr. Marc Siegel, New York University] There is no cure for the
   common cold. But there are some things you can do to get better.
   Especially in the first 48 hours. You can take an intranasal zinc
   preparation, like Zicam. To cut down on the severity and duration of
   symptoms. You can also take a decongestant. Get more rest. Drink some
   chicken soup. And sleep.

   [Voiceover] Nearly [ninety] percent of the U[.]S[.] travelers survey [sic]
   say reducing the duration of the common cold would be important or very
   important for treating the common cold, but only [thirty-three] percent of
   those travelers who typically use over-the-counter medications to treat
   the common cold, have used a zinc cold remedy.

   [Allison Janse] I think the survey showed me that people really need help
   figuring out how to treat a common cold when they're on the go. For
   instance, most people don't know that zinc products are available to help
   them. I mean, yes, we'd like to avoid all germs and never get sick, but
   that's not gonna happen. If you do get sick, there are things you can do
   to fight back.

   [Reporter] To see this report again or to find out more about zinc as a
   treatment for the common cold, go to our website, [www.nbc40.net], click
   on Health and then [go to] Lifeline.

    5. The recording of the broadcast showed approximately four different
       shots of the Zicam product mentioned in the script as well as a shot
       of the cover of the Zicam Travel Well Survey. No other zinc cold
       remedies or products for treating the common cold were shown. The
       broadcast featured a physician, who specifically recommended the use
       of Zicam, but no other name brand cold remedy, during the first
       forty-eight hours of a cold to alleviate the severity and duration of
       symptoms. Although use of a decongestant was mentioned as a treatment,
       no specific decongestant products were named or shown.

    6. In its LOI Response,  Access.1 stated that the Station announced that
       the "Lifeline" segment was sponsored by Shore Memorial Hospital, and
       further stated that "neither Shore Memorial Hospital, nor anyone
       associated with Shore Memorial Hospital, was involved in the
       production or delivery of the VNR material to the Station." Access.1
       argued that no additional sponsorship identification announcement was
       required for the inclusion of the VNR material in the Station's
       October 18, 2006 "Lifeline" report. Specifically, Access.1 stated that
       because the Station and its employees received no consideration for
       broadcasting the VNR material and no report that would have required
       the Station to provide a sponsorship identification announcement, no
       additional sponsorship identification announcement was required. The
       Licensee asserts that its conduct was consistent with guidance in the
       Commission's 2005 Public Notice concerning the use of VNR material.

   III. DISCUSSION

   A. Sponsorship Identification Laws

    7. Section 317(a)(1) of the Act and section 73.1212(a) of the
       Commission's rules require broadcast stations to broadcast an
       announcement disclosing whenever any matter is broadcast in exchange
       for valuable consideration "directly or indirectly paid or promised to
       or charged or accepted by, the station so broadcasting" at the time
       the material is aired. Specifically, section 317(a)(1) provides:

   All matter broadcast by any radio station for which any money, service or
   other valuable consideration is directly or indirectly paid, or promised
   to or charged or accepted by, the station so broadcasting, from any
   person, shall, at the time the same is so broadcast, be announced as paid
   for or furnished, as the case may be, by such person: Provided, That
   "service or other valuable consideration" shall not include any service or
   property furnished without charge or at nominal charge for use on, or in
   connection with, a broadcast unless it is so furnished in consideration
   for an identification in a broadcast of any person, product, service,
   trademark, or brand name beyond an identification which is reasonably
   related to the use of such service or property on the broadcast.

   Section 73.1212(a) of the Commission's rules, which implements section
   317(a)(1) of the Act, further provides:

   When a broadcast station transmits any matter for which money, service, or
   other valuable consideration is either directly or indirectly paid or
   promised to, or charged or accepted by such station, the station, at the
   time of the broadcast, shall announce:

    1. That such matter is sponsored, paid for, or furnished, either in whole
       or in part, and

    2. By whom or on whose behalf such consideration was supplied: Provided,
       however, That "service or other valuable consideration" shall not
       include any service or property furnished without or at a nominal
       charge for use on, or in connection with, a broadcast unless it is so
       furnished in consideration for an identification of any person,
       product, service, trademark, or brand name beyond an identification
       reasonably related to the use of such service or property on the
       broadcast.

    8. The Commission has explained that the sponsorship identification rules
       are "grounded in the principle that listeners and viewers are entitled
       to know who seeks to persuade them." The disclosures required by the
       sponsorship identification rules provide listeners and viewers with
       information concerning the source of material in order to prevent
       misleading or deceiving those listeners and viewers. As set forth
       above, pursuant to section 317 and the Commission's implementing rule,
       the obligation to provide such a disclosure for material "furnished
       without a charge or at a nominal charge for use on, or in connection
       with, a broadcast" is triggered when the use of the material falls
       outside of the proviso because it involves "an identification of any
       person, product service, trademark or brand name beyond an
       identification reasonably related to the use of such service or
       property on the broadcast."

    9. When Congress amended section 317 in 1960 and adopted the proviso, it
       provided twenty-seven examples regarding the types of consideration
       that would trigger the obligation to provide sponsorship
       identification and those that would not because they fell within the
       proviso. The Commission included those examples plus nine more in
       public notices released following its adoption of revised sponsorship
       identification rules in 1963 and 1975. Example 26 provides as follows:

   26. (a) A bus company prepares a scenic travel film which it furnishes
   free to broadcast stations. No mention is made in the film of the company
   or its buses. No announcement is required because there is no payment
   other than the matter furnished and there is no mention of the bus
   company.

   (b) Same situation as in (a), except that the bus, clearly identifiable as
   that of the bus company which supplied the film, is shown fleetingly in
   highway views in a manner reasonably related to that travel program. No
   announcement is required.

   (c) Same situation as in (a), except that the bus, clearly identifiable as
   that of the bus company which supplied the film, is shown to an extent
   disproportionate to the subject matter of the film. An announcement is
   required, because in this case by the use of the film the broadcaster has
   impliedly agreed to broadcast an identification beyond that reasonably
   related to the subject matter of the film.

   We reject Access.1's argument that no sponsorship identification
   announcement was required because Station WMGM-TV and its employees did
   not receive and were not promised consideration for the broadcast of the
   VNR material and because the Station and its employees did not receive a
   report pursuant to section 507 of the Act that would have required it to
   provide a sponsorship identification announcement for the VNR material
   aired. As set forth above, section 317 and the Commission's sponsorship
   identification rules also include a proviso concerning service or property
   furnished without charge or at nominal charge for use on a broadcast, and
   require a sponsorship identification announcement if the products or
   services are shown to an extent that is disproportionate to the subject
   matter of the broadcast. As the Commission's Public Notices have made
   clear, the definition of consideration is extremely broad. Moreover,
   Commission precedent makes clear that VNR material constitutes "valuable
   consideration" within the meaning of section 317 that may require a
   sponsorship identification announcement under some circumstances.
   Furthermore, the 2005 Public Notice reminded broadcast licensees that
   applicable statutory provisions and the Commission's rules generally
   require them to clearly disclose the nature, source and sponsorship of
   program matter that they air, including VNRs. The Commission also has
   warned that it will take enforcement action against broadcast stations
   that do not comply with the disclosure responsibilities set forth in the
   rules.

     A. Access.1 Failed to Provide Requisite Sponsorship Identification
        Analysis

   10. We now consider whether Access.1 was required to provide a sponsorship
       identification announcement for the VNR material broadcast on Station
       WMGM-TV. In other words, did the use of the VNR material fall outside
       of the section 317(a)(1) proviso? As set forth above, Example 26 from
       the House Report indicates that no announcement is required for a
       promotional film in which the company's products or services are
       clearly identifiable and "shown fleetingly ... in a manner reasonably
       related" to the subject matter of the film, but that announcement is
       required if the company's products or services are "shown to an extent
       disproportionate to the subject matter of the film."

   11. The subject matter of the report at issue here, based on the recording
       and transcript, was how to treat the common cold. Yet, the VNR focuses
       almost exclusively on Matrixx's Zicam product in its visual depictions
       or verbal identifications of products, and the VNR contained extensive
       images of Zicam - a total of four different shots, some of them
       close-up and some of them extended. As stated above, the VNR
       identifies the product by name. In addition, the VNR features a
       physician associated with New York University who specifically
       recommends Zicam as a remedy for treating the common cold, but does
       not mention any other cold remedies by brand name.

   12. We conclude that the identification of Matrixx's Zicam cold product
       exceeded an identification that was reasonably related to the subject
       matter of the programming at issue. The VNR material in question
       therefore does not fall within the scope of the proviso set forth in
       section 317 and section 73.1212(a)(2), which is directed to material
       that contains only "fleeting or transient" references to products or
       brand names. Instead, like the bus company in Example 26(c), Zicam was
       shown to an extent disproportionate to the subject matter of the
       report, obligating Station WMGM-TV to provide a sponsorship
       identification announcement.

   13. Although the Station provided a sponsorship identification
       announcement for Shore Memorial Hospital, which was another sponsor of
       the "Lifeline" segment in which the Zicam VNR appeared, this
       sponsorship announcement did not provide information concerning
       Matrixx's sponsorship of the VNR material. Because the material that
       aired on Station WMGM-TV fell outside the proviso, the Station should
       have aired a sponsorship identification announcement to alert viewers
       that Matrixx was the source of the VNR material seeking to persuade
       them. We note that the risk of viewer confusion as to the source of
       the material may have been especially great here, because the Station
       provided viewers with an identification of Shore Memorial Hospital as
       the sponsor of the program segment, yet the commentary by the
       physician in the segment - i.e. during the VNR - was in fact material
       sponsored by Matrixx, the maker of Zicam. For the foregoing reasons,
       we find that Access.1's airing of VNR material on Station WMGM-TV's
       October 18, 2006 news program without providing a sponsorship
       identification announcement was an apparent violation of section 317
       of the Act and section 73.1212 of the Commission's rules.

   C. Proposed Action

   14. 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.
       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.

   15. The Commission's forfeiture guidelines establish a base forfeiture
       amount of four thousand dollars ($4,000) for sponsorship
       identification violations. In addition, the Commission's rules provide
       that base forfeitures may be adjusted based upon consideration of the
       factors enumerated in section 503(b)(2)(E) of the Act and section
       1.80(a)(4) of the Commission's rules, which include "the nature,
       circumstances, extent, and gravity of the violation . . . and the
       degree of culpability, any history of prior offenses, ability to pay,
       and such other matters as justice may require." Based upon our review
       of the record in this case and the statutory factors identified above,
       we find that Access.1 is apparently liable for a forfeiture in the
       amount of four thousand dollars ($4,000).

   IV. ORDERING CLAUSES

   16. ACCORDINGLY, IT IS ORDERED, pursuant to section 503(b) of the
       Communications Act of 1934, as amended, and sections 0.111, 0.311,
       0.314 and 1.80 of the Commission's rules, that Access.1 New Jersey
       License Company, LLC is hereby NOTIFIED of its APPARENT LIABILITY FOR
       FORFEITURE in the amount of four thousand dollars ($4,000) for its
       apparent willful violation of the sponsorship announcements
       requirements of section 317 of the Communications Act of 1934, as
       amended, and section 73.1212 of the Commission's rules.

   17. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's
       rules, that within fifteen (15) days of the release date of this NAL,
       Access.1 New Jersey License Company, LLC, SHALL PAY the full amount of
       the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   18. 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 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. Access.1 New Jersey License Company, LLC
       must also send electronic notification on the date said payment is
       made to Terry.Cavanaugh@fcc.gov, Melanie.Godschall@fcc.gov,
       Anjali.Singh@fcc.gov, and Kenneth.Scheibel@fcc.gov.

   19. The written statement seeking reduction or cancellation of the
       proposed forfeiture, if any, must include a detailed factual statement
       supported by appropriate documentation and affidavits pursuant to
       sections 1.80(f)(3) and 1.16 of the Commission's rules. The written
       statement shall be mailed to the Chief, Investigations and Hearings
       Division, Enforcement Bureau, Federal Communications Commission, 445
       12th Street, S.W., Room 4-C330, Washington, D.C. 20554, and MUST
       INCLUDE the NAL/Account Number referenced above. To the extent
       practicable, any response should also be sent by e-mail to
       Terry.Cavanaugh@fcc.gov, Melanie.Godschall@fcc.gov,
       Anjali.Singh@fcc.gov, and Kenneth.Scheibel@fcc.gov.

   20. 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.

   21. IT IS FURTHER ORDERED, that the Complaint IS GRANTED to the extent
       indicated herein and IS OTHERWISE DENIED, and the Complaint proceeding
       IS HEREBY TERMINATED.

   22. IT IS FURTHER ORDERED, that a copy of this NAL shall be sent, by
       Certified Mail/Return Receipt Requested, to Access.1 New Jersey
       License Company, LLC, at its address of record and to its counsel,
       James L. Winston, Esquire, Rubin, Winston, Diercks, Harris & Cooke,
       L.L.P., 1201 Connecticut Avenue, N.W., Suite 200, Washington, D.C.
       20036.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

   See 47 U.S.C. S: 317(a)(1); 47 C.F.R. S: 73.1212.

   See Complaint of Timothy Karr, Campaign Director, Free Press, and Diane
   Farsetta, Senior Researcher, Center for Media and Democracy, dated
   November 14, 2006 ("Complaint").

   See Letter from Hillary S. DeNigro, Chief, Investigations & Hearings
   Division, Enforcement Bureau, to Access.1 New Jersey License Company,
   dated April 26, 2007 ("LOI").

   See Letter from James L. Winston, Esquire, Rubin, Winston, Diercks, Harris
   & Cooke, L.L.P., counsel for Access.1 New Jersey License Company LLC, to
   Marlene H. Dortch, Secretary, Federal Communications Commission, dated
   June 20, 2007, at 2-3, 4 & Exh. 4 ("LOI Response").

   See id. at 2 & Exh. 4.

   See id. at Exhs. 7-8.

   See id. at Exh. 8.

   Bracketed text within the block quote reflects minor, non-substantive
   edits.

   See id. at Exh. 7.

   See id. at Exh. 8.

   See id.

   See id. at 4 & Exh. 1. See also id. at Exh. 8 (prior to the "Lifeline"
   report, the Station aired a full screen depiction of the Shore Memorial
   Hospital's logo, below the caption "Sponsored By" and audio accompanying
   this material stated: "'Lifeline' with Robin Stoloff brought to you by
   Shore Memorial Hospital, dedicated to embracing your tomorrows").

   See id. at 4-7.

   See id at 4-5, 7 & Exhs. 1-4.

   See id. at 8 (citing Commission Reminds Broadcast Licensees, Cable
   Operators and Others of Requirements Applicable to Video News Releases and
   Seeks Comment on the Use of Video New Releases by Broadcast Licensees and
   Cable Operators, Public Notice, 20 FCC Rcd 8593 (2005) ("2005 Public
   Notice")).

   47 U.S.C. S: 317(a); 47 C.F.R. S: 73.1212(a).

   47 U.S.C. S: 317(a)(1). The clause from this subsection stating,
   "Provided, That `service or other valuable consideration' shall not
   include . . . unless . . . ." is hereinafter referred to as the "proviso."

   47 C.F.R. S: 73.1212(a).

   See, e.g., 2005 Public Notice, 20 FCC Rcd at 8593-94.

   See Sonshine Family Television, Inc., Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 18686 (2007), Forfeiture Order, 24 FCC Rcd 14830,
   14834 P: 12 (2009) (forfeiture reduced and paid).

   See 47 U.S.C. S: 317(a)(1); 47 C.F.R. S: 73.1212(a)(2).

   H.R. Rep. No. 1800, 86th Cong., 2nd Sess. 1, at 12-17 (1960) ("House
   Report").

   See In re Applicability of Sponsorship Identification Rules, Public
   Notice, 40 FCC 141 (1963) ("1963 Public Notice"). The 1963 Public Notice
   was updated in 1975. See Applicability of Sponsorship Identification
   Rules, Public Notice, 40 Fed. Reg. 41936 (1975) ("1975 Public Notice").

   1975 Public Notice, 40 Fed. Reg. at 41939, Example 26; 1963 Public Notice,
   40 FCC at 148, Example 26.

   See 47 U.S.C. S:S: 317(b), 508. Section 507 establishes a reporting scheme
   designed to require disclosure to the licensee of payments to other
   persons for the inclusion of matter in programming. See 47 U.S.C. S: 508.
   Section 317(b) requires sponsorship identification disclosures where a
   licensee receives a report under section 507 "of circumstances that would
   have required an announcement had the consideration been received by the
   licensee." 47 U.S.C. S: 317(b). See also 47 C.F.R. S: 73.1212(c)
   (implementing sponsorship identification requirements where the licensee
   receives a report pursuant to section 507).

   See 47 U.S.C. S: 317(a)(1); 47 C.F.R. S: 73.1212(a)(2). See also supra
   note 23.

   See 1975 Public Notice, 40 Fed. Reg. 41936; 1963 Public Notice, 40 FCC
   141.

   See Comcast Corporation, Notice of Apparent Liability for Forfeiture, 22
   FCC Rcd 17474, 17477 P: 8, 17478 P:P: 9-10, 17479 P: 11 (Enf. Bur. 2007)
   (forfeiture paid). See also Advertising Council Request for Declaratory
   Ruling or Waiver Concerning Sponsorship Identification Rules, Order, 17
   FCC Rcd 22616 (2002) (credit towards satisfaction of a
   statutorily-mandated matching PSA obligation constituted valuable
   consideration for airing programming with government-approved anti-drug
   and anti-alcohol themes); Westinghouse Broadcasting Co., Inc., Letter by
   Direction of the Commission, 40 FCC 28 (1958) (furnishing of films of a
   Senate hearing investigating a strike against the Kohler Company to a
   television station by the National Association of Manufacturers
   constituted "valuable consideration" under section 317).

   See 2005 Public Notice, 20 FCC Rcd at 8593-94.

   See id.

   Compare 1975 Public Notice, 40 Fed. Reg. at 41939, Example 26(b); 1963
   Public Notice, 40 FCC at 148, Example 26(b) with 1975 Public Notice, 40
   Fed. Reg. at 41939, Example 26(c); 1963 Public Notice, 40 FCC at 148,
   Example 26(c).

   See LOI Response at Exhs. 7-8.

   See id.

   See id.

   By its use of the VNR, Station WMGM-TV "impliedly agreed to broadcast an
   identification beyond that reasonably related to the subject matter of the
   film." See 1975 Public Notice, 40 Fed. Reg. at 4139, Example 26(c); 1963
   Public Notice, 40 FCC Rcd at 148, Example 26(c).

   Comcast Corp., 22 FCC Rcd at 17477.

   See 47 U.S.C. S: 317; 47 C.F.R. S: 73.1212(a)(2).

   Because we find that Access.1 was required to provide sponsorship
   identification for this material as it fell outside the proviso, we need
   not address Access.1's arguments that no announcement was required under
   the provisions of the Act and the Commission's rules requiring
   announcements in connection with broadcasts for which the broadcaster
   receives a report pursuant to section 507 of the Act.

   See 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1). See also 47 U.S.C.
   S: 503(b)(1)(D) (providing that any person who is determined by the
   Commission to have violated any provision of section 1464 shall be liable
   for a forfeiture penalty).

   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), recons. denied, 7 FCC Rcd 3454 (1992).

   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 The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087, 17115 (1197), recons. denied, 15 FCC 303 (1999)
   ("Forfeiture Policy Statement"); 47 C.F.R. S: 1.80.

   See 47 U.S.C. S: 503(b)(2)(E).

   47 C.F.R. S: 1.80(a)(4).

   See 47 U.S.C. S:S: 317, 503(b).

   See 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1212.

   For purposes of the forfeiture proceeding initiated by this NAL, Access.1
   New Jersey License Company LLC, shall be the only party to this
   proceeding.

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   Federal Communications Commission DA 11-523

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   Federal Communications Commission DA 11-523