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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                )                            
                                                                             
                                                )                            
     In the Matter of                               File No.: EB-07-IH-5266  
                                                )                            
     CESAR CHAVEZ FOUNDATION                        NAL/Account No.:         
                                                )   201032080018             
     Licensee of Noncommercial Educational                                   
     Station                                    )   FRN: 0006911408          
                                                                             
     KUFW(FM), Woodlake, California             )   Facility ID No.: 21210   
                                                                             
                                                )                            
                                                                             
                                                )                            


                                FORFEITURE ORDER

   Adopted: May 17, 2012 Released: May 17, 2012

   By the Chief, Enforcement Bureau:

   I. INTRODUCTION

   1. In this Forfeiture Order, we impose a monetary forfeiture of twelve
   thousand five hundred dollars ($12,500) against Cesar Chavez Foundation
   (Licensee), licensee of noncommercial educational Station KUFW(FM),
   Woodlake, California (Station), for violating Section 399B of the
   Communications Act of 1934, as amended (Act), and Section 73.503(d) of the
   Commission's rules by broadcasting prohibited advertisements over the
   Station.

   II. BACKGROUND

    2. On August 30, 2006, the Enforcement Bureau's San Francisco Field
       Office (Field) conducted an inspection of the Station and recorded a
       segment of its programming that appeared to include commercial
       advertisements. On January 24, 2007, the Field issued a letter of
       inquiry to the Licensee inquiring about a potential technical
       violation and referencing the broadcasting of commercials on the
       Station. The Field also translated and transcribed the recording and
       referred the matter to the Enforcement Bureau's Investigations and
       Hearings Division (Division) for further investigation. Thereafter,
       the Division sent letters of inquiry to the Licensee on August 26,
       2008, and May 18, 2009. The Licensee responded to the Division's
       inquiries on September 24, 2008, June 17, 2009, and August 27, 2009.
       On June 15, 2010, the Bureau issued a Notice of Apparent Liability for
       Forfeiture (NAL) on the underwriting violations referred to the
       Division, finding that the Licensee had apparently violated the
       Commission's underwriting laws by broadcasting four separate
       advertisements over two thousand (2,000) times in total from March
       2006 through December 2006, and proposing a monetary forfeiture of
       twelve thousand five hundred dollars ($12,500).

    3. On August 9, 2010, the Licensee responded to the NAL, requesting that
       we cancel the forfeiture. In support of its request for cancellation,
       the Licensee contends that it made good faith efforts to comply with
       the Commission's underwriting laws, that the announcements in fact
       comply with Commission rules and precedent, including Xavier
       University, that the Commission has not previously prohibited the
       language used in the announcements at issue here, and that none of the
       announcements contained calls to action. The Licensee also questions
       the propriety of the Field's inspection and the Field's and Division's
       subsequent investigations. The Licensee claims that the Commission has
       stated that it would "act on complaints, but not monitor stations" for
       underwriting rule violations, and therefore, the Licensee implies that
       the Field's monitoring and Field's and Division's investigations and
       forfeiture assessment were somehow improper.

    4. The Licensee also requests, in the alternative, that we reduce the
       forfeiture. In support of this request, and related to its argument
       above regarding the Bureau's investigation, the Licensee states that
       the Field did not mention the underwriting announcements to the
       Licensee during its August 30, 2006 inspection of the Station or in
       its January 24, 2007 letter of inquiry, and that had it done so, the
       Licensee would have ceased broadcasting such announcements and its
       violation would not have been so aggravated. The Licensee also asserts
       that the forfeiture is excessive in light of its good faith efforts.

   III. DISCUSSION

    5. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act, Section 1.80 of the
       Commission's rules, and the Commission's forfeiture guidelines set
       forth in its Forfeiture Policy Statement. In assessing forfeitures,
       Section 503(b) of the Act requires that we take into account 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 other matters as justice may
       require. As discussed further below, we have examined the Licensee's
       response to the NAL pursuant to the aforementioned statutory factors,
       our rules, and the Forfeiture Policy Statement, and we find that
       cancellation is not appropriate in this case. We find that twelve
       thousand five hundred dollars ($12,500) is the appropriate forfeiture
       amount in this case, as explained below.

    6. As the NAL described, the Act defines advertisements 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 advertisements 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. In this case,
       as described in detail below, the Licensee repeatedly broadcast
       promotional advertisements that were clearly aimed at inducing the
       purchase of goods or services from several for-profit entities.

   A. The Licensee Willfully and Repeatedly Broadcast Prohibited
   Advertisements.

    7. We find that the Bureau's proposed forfeiture is consistent with
       Commission precedent and policy and affirm the findings in the NAL.
       Specifically, the Licensee willfully and repeatedly broadcast
       advertisements in violation of Section 399B of the Act and Section
       73.503(d) of the Commission's rules. The Licensee does not dispute the
       key facts in this case. Specifically, the Licensee does not deny that
       the Station broadcast the advertisements described in the NAL and set
       forth in the attachment thereto, nor does the Licensee deny that it
       received consideration for the airing of the advertisements. Instead,
       the Licensee asserts that it made good faith efforts to comply and
       that its advertisements comported with Commission precedent. In making
       this claim however, the Licensee misinterprets the relevant case law.

    8. Specifically, the NAL's analysis is fully consistent with the
       Commission's findings in Xavier University (Xavier). As described
       above, in Xavier, the Commission made clear that it will not deem
       announcements impermissible where the "language at issue . . . is not
       clearly promotional as opposed to identifying and . . . the licensee
       exercised reasonable, good faith judgment regarding the language." In
       this case, as discussed below, additional Commission precedent
       supports our finding that the advertisements at issue here were
       promotional in nature, as opposed to identifying. Thus, our proposed
       forfeiture here is consistent with Xavier and other Commission
       precedent.

    9. Even if we agreed that the Licensee made "good faith" efforts at
       compliance, the language used in the advertisements was clearly
       promotional, and the Licensee's explanations to the contrary are not
       persuasive. Although the Licensee argues that none of the
       announcements included calls to action, the Commission's underwriting
       laws are not limited to restricting calls to action. As noted above,
       on-air acknowledgements also may not contain comparative or
       qualitative descriptions, price information, or inducements to buy,
       sell, rent or lease. As noted in the NAL, the advertisements at issue
       contained several such elements.

   10. For example, the NAL explained that the Mario's Auto Sales
       announcement included favorable and qualitative expressions, and also
       included an inducement. In its NAL Response, the Licensee claims that
       phrases used in the announcement, such as "beautiful Harley Davidson
       light trucks," and "we have it here," are descriptive and not
       promotional. The Licensee also claims that the phrase "whatever
       vehicle with no down payment" is not an inducement because "there is
       no time limit on the sales term." The Licensee's arguments do not
       persuade us because we have, in other instances, found similar
       descriptions to be promotional in nature, and thus, prohibited them.
       Furthermore, the Licensee fails to provide any support for its theory
       that an inducement must include a time limit. To the contrary, we have
       found violations of the rules in comparable cases in which licensees
       broadcast inducements to patronage, regardless of whether the language
       at issue included a time limit.

   11. The NAL also explained that the Big Brand Tire advertisements included
       comparative phrasing, qualitative statements, and inducements. In its
       NAL Response, the Licensee addresses some, but not all, of the
       language described in and found prohibited by the NAL. Specifically,
       the Licensee claims that the terms "unique," "latest line of rims,"
       and "latest technique in mounting" are simply descriptive and not
       promotional. We disagree. In addition, the Licensee fails to provide
       any arguments to rebut the conclusion in the NAL that other terms are
       also problematic such as "will make you stand out," "we have the most
       recent selection when it comes to rims from A to Z," "we don't give
       you a cat for a rabbit here," and "knows about tires." Overall, the
       Licensee has failed to convince us that the language in the Big Brand
       Tires advertisements is permissible. We have previously found similar
       language prohibited in underwriting precedent, and we continue to do
       so here.

   12. With respect to the Muebleria La Tapatia announcement, the NAL
       explained that the announcement contained expressions that attempt to
       distinguish the company from its competitors and contain qualitative
       statements and inducements. The Licensee argues that this announcement
       contains language similar to the language in Xavier, and therefore,
       that it is permissible. The Licensee fails to address the inducements,
       such as "the hottest prices are at MLT" or "MLT offers you easy
       credit," which the advertisement contains. Contrary to the Licensee's
       contentions, the Bureau has previously sanctioned comparable language,
       and thus, we continue to find such inducement language to be
       prohibited.

   B. The Bureau Properly Assessed the Forfeiture Amount.

   13. We find that the NAL appropriately applied the Forfeiture Policy
       Statement and the statutory factors in arriving at the forfeiture
       amount in this case. The forfeiture in this case was determined by
       considering factors such as the timeframe at issue, and the number and
       repetition of advertisements. The combination of these factors led the
       Bureau to conclude that a forfeiture in the amount of twelve thousand
       five hundred dollars ($12,500) was appropriate. The Licensee, however,
       requests a reduction in the forfeiture. We reject the Licensee's
       argument that its good faith effort at compliance renders the
       forfeiture "excessive." The Commission expects such effort from all
       licensees. Consequently, we find that no reduction is warranted and
       the appropriate forfeiture amount is twelve thousand five hundred
       dollars ($12,500).

   C. The Bureau Properly Conducted its Investigation.

   14. Additionally, the Licensee asserts that the Commission's recording of
       underwriting announcements during its inspection was improper, and
       claims that the "Commission said it would . . . act on complaints, but
       not monitor stations." The Licensee fails, however, to cite Commission
       policy or precedent to support these statements. We remind the
       Licensee that the Act gives the Commission, and the Bureau by
       delegation, broad authority to investigate the entities that it
       regulates. A cornerstone of the Commission's ability to ensure
       compliance is through conducting field inspections. The Licensee has
       not provided any authority to support its proposition that the
       Commission should ignore any violations that come to its attention,
       unless those violations originated in the form of a complaint. To the
       contrary, the Commission must evaluate possible violations of the Act
       and our Rules to protect "the primary educational, instructional, and
       cultural character of public broadcasting programming." Consequently,
       we reject the Licensee's contention that the Bureau improperly
       conducted and relied upon field monitoring and recording in connection
       with both the investigation and our finding that the Licensee aired
       prohibited underwriting advertisements.

   15. We also uphold the manner in which the Field and the Division
       conducted their respective investigations of the potential
       underwriting violations at issue in this case. The Licensee claims
       that the Field should have warned the Licensee, either during the
       August 30, 2006 inspection, or via its January 24, 2007 letter of
       inquiry, that the Bureau considered the underwriting announcements to
       be prohibited. The Licensee further claims that such warning would
       have caused the Licensee to cease such broadcasts earlier. We note,
       however, that the Field's letter of inquiry references the
       broadcasting of commercial announcements on the Station. Even if the
       original letter of inquiry did not reference the broadcast of
       commercial announcements, that would not excuse the Licensee's
       liability, and the Licensee does not cite to any precedent to the
       contrary. The Licensee is responsible for the magnitude of its
       violation, and we reject any assertion otherwise.

   16. We further reject any assertion that, if the Field or Division had
       acted differently, the Licensee could have taken actions that would
       have mitigated the sanctions imposed here.  Any such actions would
       have occurred after the Field commenced its inspection. As the
       Commission has repeatedly stated, remedial efforts that a licensee
       undertakes after the Commission commences an investigation are not
       mitigating. Thus, even if the Licensee had taken such actions, we
       would not credit the Licensee for such remedial efforts by reducing
       the forfeiture.

   IV. ORDERING CLAUSES

   17. ACCORDINGLY, IT IS ORDERED that, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended, and Section 1.80 of the
       Commission's rules, Cesar Chavez Foundation IS LIABLE FOR A MONETARY
       FORFEITURE in the amount of twelve thousand five hundred dollars
       ($12,500) for willfully and repeatedly broadcasting advertisements in
       violation of Section 399B of the Act, as amended, and Section
       73.503(d) of the Commission's rules. Payment of the forfeiture shall
       be made in the manner provided for in Section 1.80 of the Commission's
       rules, within thirty (30) days of the release date of this Forfeiture
       Order. If the forfeiture is not paid within the period specified, the
       case may be referred to the Department of Justice for collection
       pursuant to Section 504(a) of the Act.

   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 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. All payments
       must be accompanied by an FCC Form 159 (Remittance Advice).  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. The Licensee will also send electronic
       notification on the date said payment is made to
       Terry.Cavanaugh@fcc.gov, Jeffrey.Gee@fcc.gov, Anjali.Singh@fcc.gov,
       and Melissa.Marshall@fcc.gov.

   19. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent, by Certified Mail/Return Receipt Requested, to Cesar Chavez
       Foundation, P.O. Box 62, Keene, California 93531, and George R.
       Borsari, Jr. Esq. and Anne Thomas Paxson Esq., Borsari & Paxson, 5335
       Wisconsin Avenue, N.W., Suite 440, Washington, D.C. 20015.

   FEDERAL COMMUNICATIONS COMMISSION

   P. Michele Ellison

   Chief

   Enforcement Bureau

   By letter dated September 2, 2011, counsel to Cesar Chavez Foundation
   notified the Commission of the corporate name change of the licensee of
   Station KUFW(FM), Woodlake, California, from National Farm Workers Service
   Center, Inc. to Cesar Chavez Foundation. See Letter from Anne Thomas
   Paxson, Borsari & Paxson, to Marlene H. Dortch, Secretary, Federal
   Communications Commission (Sept. 2, 2011). There was no change in the
   ownership structure, principals, contact persons, or official mailing
   address for the renamed entity. See id.

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

   See 47 C.F.R. S: 73.503(d).

   See National Farmworkers Service Center, Inc., Notice of Apparent
   Liability for Forfeiture, 25 FCC Rcd 7486 (Enf. Bur. 2010) (NAL). The
   announcements were excerpted in the attachment to the NAL.

   See Letter from Thomas N. Van Stavern, District Director, San Francisco
   Office, Western Region, Enforcement Bureau, Federal Communications
   Commission, to National Farm Workers Service Center (Jan. 24, 2007).

   See Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations
   and Hearings Division, Enforcement Bureau, Federal Communications
   Commission, to National Farm Workers Service Center, Inc. (Aug. 26, 2008)
   (on file in EB-07-IH-5266); Letter from Kenneth M. Scheibel, Jr.,
   Assistant Chief, Investigations and Hearings Division, Enforcement Bureau,
   Federal Communications Commission, to National Farm Workers Service
   Center, Inc. (May 18, 2009) (on file in EB-07-IH-5266).

   See Letter from George R. Borsari, Jr., Attorney for National Farm Workers
   Service Center, Inc., to Marlene H. Dortch, Secretary, Federal
   Communications Commission (Sept. 24, 2008) (on file in EB-07-IH-5266);
   Letter from George R. Borsari, Jr., Attorney for National Farm Workers
   Service Center, Inc., to Marlene H. Dortch, Secretary, Federal
   Communications Commission (June 17, 2009) (on file in EB-07-IH-5266);
   Supplemental Letter from Anne Thomas Paxson, Attorney for National Farm
   Workers Service Center, Inc., to Anita Patankar-Stoll, Attorney Advisor,
   Investigations and Hearings Division, Enforcement Bureau, Federal
   Communications Commission (Aug. 27, 2009) (on file in EB-07-IH-5266).

   See NAL, 25 FCC Rcd at 7486.

   See Letter from George R. Borsari, Jr., Attorney for National Farm Workers
   Service Center, Inc., to P. Michele Ellison, Chief, Enforcement Bureau,
   Federal Communications Commission (Aug. 9, 2010) (on file in
   EB-07-IH-5266) (NAL Response).

   See id. at 1.

   See id. at 1-5 (citing Xavier University, Letter of Admonition (Mass Med.
   Bur. Nov. 14, 1989), recons. granted, Memorandum Opinion and Order, 5 FCC
   Rcd 4920 (1990) (Xavier)).

   See id. at 4.

   See id.

   See id. at 5-7.

   Id. at 6.

   See id. at 1.

   See id. at 5-8.

   The Licensee also asserts that the Bureau cannot consider deterrence as a
   factor in issuing fines. See id. at 8.

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

   See 47 C.F.R. S: 1.80.

   See The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087 (1997), recons. denied, 15 FCC Rcd 303 (1999)
   (Forfeiture Policy Statement).

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

   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, 5 FCC Rcd at 4921 (citing Commission Policy Concerning the
   Noncommercial Nature of Educational Broadcasting Stations, Memorandum
   Opinion and Order, 90 FCC 2d 895, 911 (1982), recons., 97 FCC 2d 255
   (1984); Public Notice, supra note 25).

   Id.

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

   See 47 C.F.R. S: 73.503(d).

   See NAL Response at 1-5.

   See Xavier, 5 FCC Rcd at 4921.

   Id. See also Tri-State Inspirational Broadcasting Corporation, Memorandum
   Opinion and Order, 16 FCC Rcd 16800, 16800 (Enf. Bur. 2001) (Tri-State)
   (although the licensee believed that announcements were within the bounds
   of the rules, the Bureau found them to contain language that attempted to
   distinguish the underwriters and their products from competitors, and
   promoted those same entities in qualitative ways).

   The Licensee itself acknowledges that a licensee's compliance efforts that
   fall short do not excuse a violation. See NAL Response at 2.

   See Public Notice, 7 FCC Rcd at 827-28.

   See NAL, 25 FCC Rcd at 7489.

   NAL Response at 4.

   Id.

   Indeed, we previously admonished the Licensee (under its former name) with
   respect to comparable pricing information. See National Farm Workers
   Service Center, Inc., Letter, 9 FCC Rcd 6855, 6855 (Mass Med. Bur. 1994)
   (admonishing licensee for three announcements containing language
   regarding the availability of some type of financing or credit ("layaway,"
   "special financing," and "different plans for financing")). See, e.g.,
   Ministerio Radial Cristo Viene Pronto, Inc., Notice of Apparent Liability
   for Forfeiture, 24 FCC Rcd 241, 243 (Enf. Bur. 2009) (subsequent history
   omitted) (Ministerio) (finding prohibited announcements that contained
   language such as "unique environment" and "best cleaning system");
   Kosciusko Educational Broadcasting Foundation, Letter, 5 FCC Rcd 7106
   (Mass Media Bur. 1990) (Kosciusko) (finding prohibited announcements that
   included language such as "stop by and see the beautiful selection,"
   "[t]hat gives you the best possible selection to choose from," and "[t]hey
   have special, low-rate financing and dealer discounts and factory special
   value discount option packages"); Lancaster Educational Broadcasting
   Foundation, Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 1384,
   1386-88 (Enf. Bur. 2009) (subsequent history omitted) (Lancaster) (finding
   language such as "to see for yourself, come drive it," and "your best
   choices are here" prohibited); Christian Voice of Central Ohio, Inc.,
   Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 23663 (Enf. Bur.
   2004) (subsequent history omitted) (finding prohibited language such as
   "we're all about family," and "we love selling real estate").

   See, e.g., Lancaster, 24 FCC Rcd at 1386-87 (finding prohibited
   "competitively low interest rate," "ultimate flexibility," and "tax
   advantages not available on other types of credit"); Ministerio, 24 FCC
   Rcd at 243-44 & Attachment (finding prohibited "finance it for 12, 14, or
   up to 18 months without interest," "without interest," and "10%
   discounts").

   See NAL, 25 FCC Rcd at 7489.

   NAL Response at 4.

   NAL, 25 FCC Rcd at 7489.

   See, e.g., Lancaster, 24 FCC Rcd at 1387 (finding language such as "free
   checking account" and "free use of a debit card" prohibited) & Attachment
   (finding prohibited "ultimate flexibility for your borrowing needs" and
   "other money saving bundle packages"); Jones College, Notice of Apparent
   Liability for Forfeiture, 24 FCC Rcd 231, 233 & Attachment (Enf. Bur.
   2009) (subsequent history omitted) (Jones College) (finding prohibited
   announcements for Annabelle's Gifts and Home Furnishing Gallery, which
   gave descriptions of privacy glass, and Donovan Heat and Air, which
   described "air diagnostics" and carbon monoxide checks); Tri-State, 16 FCC
   Rcd at 16805 (finding prohibited an announcement for Heil Heating and
   Cooling, which described the underwriter as keeping up with technology);
   Kosciusko, 5 FCC Rcd at 7106  (finding an announcement violative that
   included the language: "They don't use high pressure sale tactics or
   gimmicks. They just give you honest, down-to-earth prices with courteous,
   dependable service.").

   See NAL, 25 FCC Rcd at 7489-7490.

   See NAL Response at 5.

   NAL, 25 FCC Rcd at 7489-7490.

   See, e.g., Kosciusko, 5 FCC Rcd at 7106  (finding prohibited the following
   language: "They have special, low-rate financing and dealer discounts and
   factory special value discount option packages").

   See NAL, 25 FCC Rcd at 7490.

   See id. The Licensee claims that in the NAL, the Bureau erroneously
   increased the forfeiture in order to deter comparable behavior in other
   licensees. See NAL Response at 8. Although that was not a central
   consideration in this case, the Bureau is fully within its authority to
   consider deterrence as a factor in determining an appropriate forfeiture
   amount, as the Forfeiture Policy Statement explicitly discusses. See
   Forfeiture Policy Statement, 12 FCC Rcd at 17098.

   See NAL Response at 1.

   Id. at 8.

   Id. at 6.

   See id.

   See 47 U.S.C. S:S: 154(i), 154(j), 403; 47 C.F.R. S:S: 0.111, 0.311.

   See, e.g., Allcom, Notice of Apparent Liability for Forfeiture and Order,
   25 FCC Rcd 9124, 9126 (Enf. Bur. 2010).

   See, e.g., Norfolk Southern Railway Company KFR86 Atlanta, Georgia, Order,
   11 FCC Rcd 519 (Compliance & Information Bur. 1996).

   Reverend Theodore M. Schultz, File No. EB-02-IH-0128, Letter (Enf. Bur.
   May 30, 2002).

   See NAL Response at 5-8.

   See supra note 5.

   Cf. Pacific Broadcasting Corp., Memorandum Opinion and Order, 47 F.C.C.2d
   818 (Brdcst. Bur. 1974) (holding that licensees must accept the penalty
   for not following Commission rules, whether or not they are warned of the
   consequences for failure to comply).

   See, e.g., Jones College, 24 FCC Rcd at 236; Hispanic Broadcast System,
   Inc., Forfeiture Order, 20 FCC Rcd 12008, 12009 (Enf. Bur. 2005).

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

   See 47 U.S.C. S: 399b; 47 C.F.R. S: 73.503(d).

   See 47 C.F.R. S: 1.80.

   See 47 U.S.C. S: 504(a).

   Federal Communications Commission _DA 12-772

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   Federal Communications Commission _DA 12-772