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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of South Central Communications Corporation Licensee of
   Stations WIKY-FM, Evansville, Indiana; WABX(FM), Evansville, Indiana;
   WLFW(FM), Chandler, Indiana; and WSTO(FM), Owensboro, Kentucky ) ) ) ) ) )
   ) ) ) NAL Account No.: 201432080005 FRN: 0019642719 Facility ID Nos.:
   61014, 61055, 73350, and 51072 File No.: EB-09-IH-1908




                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted: March 20, 2014 Released: March 20, 2014

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

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture (NAL), we find
       that South Central Communications Corporation (South Central),
       licensee of Stations WIKY-FM, Evansville, Indiana; WABX(FM),
       Evansville, Indiana; WLFW(FM), Chandler, Indiana; and WSTO(FM),
       Owensboro, Kentucky (Stations), apparently willfully violated Section
       73.1216  of the Commission's rules by failing to conduct a contest
       substantially as announced, including undue delay in concluding the
       contest, and by failing to fully and accurately disclose the material
       terms of the contest.^ As a result, we find South Central apparently
       liable for a forfeiture in the amount of eight thousand dollars
       ($8,000).

   II. BACKGROUND

    2. The Commission received a complaint alleging that South Central
       invited listeners to participate in a golf contest entitled "Par 3
       Shoot Out" (Contest), but that it did not conduct the Contest
       substantially as announced or advertised.^ The Complaint alleges that
       at least one participant and "weekly winner" in the Contest did not
       receive the promised prize of a Victoria National Golf Club hat, nor
       was the contestant placed in a drawing to win a Lexus or other prizes
       as promised in the Contest's official rules.^

    3. In response to the Complaint, on December 10, 2009, the Enforcement
       Bureau (Bureau) issued a letter of inquiry to South Central concerning
       these allegations.^ South Central filed a response on January 22,
       2010.^ In its response, South Central acknowledges that the Stations
       conducted the Contest and aired related promotional announcements on
       all of the Stations but notes that it conducted the Contest entirely
       online.^ South Central further notes that instead of conducting the
       Contest through its promotions department, which was its usual
       practice, it conducted the Contest through its interactive sales
       department.^

    4. According to South Central, the Contest was to be conducted in two
       phases. The first phase was intended to consist of an 18-week, online
       golf competition, scheduled to begin on June 26, 2008, and end on
       October 30, 2008.^ During this phase, a prize consisting of a hat from
       the Victoria National Golf Club was to be awarded to the contestant
       who achieved the best score each week. Each such weekly online winner,
       plus one write-in contestant, would then be eligible to participate in
       the second phase of the Contest, originally scheduled for early
       November 2008.^ In the second phase, the remaining contestants were to
       participate in an actual golf competition in which each "finalist"
       would have one shot at a par three hole.^ The finalist that hit a golf
       ball closest to the pin would win a $350 gift certificate to a golf
       store. In addition, any finalist that hit a hole-in-one would be
       awarded a Lexus automobile.^

    5. South Central further states that it conducted the online portion of
       the Contest from June 26, 2008, through early November 2008, selecting
       a winner each week.^ South Central denies the allegation that it did
       not award the promised golf hats, claiming that they were made
       available for pick-up by the weekly winners.^ South Central
       acknowledges, however, that the second phase of the Contest was
       postponed in November 2008, initially due to inclement weather.^ South
       Central states that it subsequently terminated the employee
       administering the Contest and then "simply forgot" about the Contest.^
       South Central states that receiving the LOI reminded it of this
       inadvertent oversight,^ and it subsequently resumed the final phase of
       the Contest.^ Prior to doing so, however, South Central changed the
       Contest rules to exclude professional golfers and club pros.^ South
       Central states that it changed the rules "in the interest of
       fairness," although no one was actually declared ineligible as a
       result of this  modification.^ South Central also states that it
       completed the second phase of the Contest on January 19, 2010, and
       that because of the delay, it awarded additional prizes to each
       finalist.^

   III. DISCUSSION

    6. Pursuant to Section 503(b)(1) of the Communications Act of 1934, as
       amended (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 South Central is apparently liable for a monetary forfeiture in
       the amount of eight thousand dollars ($8,000) for its apparent willful
       and repeated failure to conduct a broadcast contest substantially as
       announced.

    7. Under Section 73.1216 of the Commission's rules, a broadcast licensee
       must conduct station-sponsored contests "substantially as announced or
       advertised," and must fully and accurately disclose the "material
       terms" of such contests.^ Material terms include, among other things,
       any eligibility restrictions, means of selection of winners, and the
       extent, nature, and value of prizes.^ Regarding these requirements,
       the Commission has noted that "[t]he standards are high, for while
       contests are particularly susceptible to abuse, abuses can be
       prevented by diligent licensee attention to the planning and the
       conduct of contests."^

    8. As an initial matter, we note that South Central asserts throughout
       its response that the Stations conducted the Contest entirely online.^
       Specifically, South Central states that it did not integrate the
       Contest into any of the Stations' programming, but that the promotions
       aired over the Stations simply encouraged listeners to go to the
       website where the Contest could be played.^ To the extent that South
       Central implies that the Contest at issue is not subject to Section
       73.1216, we reject that argument. Commission precedent makes clear
       that the contest rule applies when a licensee "broadcasts or
       advertises information about a contest it conducts."^ Moreover, the
       Commission has previously found a licensee liable under Section
       73.1216 in a case where the licensee aired promotional announcements
       for a contest that it claimed it conducted principally via its
       website.^ South Central does not claim that it did not conduct the
       Contest, and the transcripts of the promotions aired over the Stations
       indicate that the Stations broadcast information concerning the
       Contest to the public.^ Thus, the rule applies in this case.

     A. South Central Failed to Conduct Contest Substantially as Announced or
        Advertised

    9. We find that South Central violated Section 73.1216 of the
       Commission's rules by failing to conduct the Contest substantially as
       announced or advertised. First, in the notification letters it sent to
       contestants on December 30, 2009, South Central impermissibly altered
       the rules of the Contest by excluding professional golfers and club
       pros from eligibility.^ Although South Central characterizes this as a
       minor change,^ we note that Section 73.1216 defines material terms as
       those including any "eligibility restrictions."^ In prior cases, we
       have found violations when licensees changed the prize,^ or altered
       the time or means of selecting a winner,^ after the commencement of
       the Contest. Likewise, changing a contest's eligibility requirements
       after it has begun violates the rule.^

   10. Secondly, we find that South Central failed to complete the Contest
       within the promised timeframe. According to the Contest's rules, the
       18 weekly winners were to compete in a one-hole event in which the
       ball stroked closest to the pin would win the grand prize, a $350.00
       gift certificate to a golf store.^ Although this event was supposed to
       occur in early November 2008,^ there was "a significant delay,"^ and
       the event did not take place until January 19, 2010--over one year
       after the originally-scheduled date.^ Moreover, it was not until after
       we received the instant Complaint and initiated this investigation
       that South Central finally held the event and completed the Contest.^
       Under Commission precedent, such delay constitutes a failure to
       conduct the Contest substantially as announced.^

   11. South Central argues that the lapse in completing the Contest was not
       intentional, but rather an oversight related to the termination of the
       employee involved in administering the Contest.^ According to South
       Central, after that employee left, it "simply forgot" about the
       Contest.^ South Central adds that the Contest did not have the same
       safeguards in place as typical broadcast contests because it was an
       entirely new type of venture, operated by one employee outside the
       normal chain of command.^ Neither negligence nor inadvertence,
       however, can absolve licensees of liability in such cases.^ Similarly,
       the award of additional prizes to the finalists who participated in
       the final stage of the Contest^ does not excuse the apparent rule
       violation.^ While this aspect of the rule violation would, standing
       alone, warrant monetary forfeiture, because (as described above in
       paragraph 9) we find that South Central violated the rule on other
       grounds, it is not necessary for us to rely upon the delay to find
       liability. Nonetheless, such delay demonstrates the breadth of the
       Licensee's misconduct and therefore informs our overall calculation of
       the monetary forfeiture in this case.

     A. South Central Failed to Disclose Material Terms of the Contest

   12. We also find that South Central failed to fully and accurately
       disclose the material terms of the Contest, as required by the rule.^
       As noted above, such material terms include "the extent, nature, and
       value of prizes."^ The Contest's official rules provided to the Bureau
       specify that weekly winners would receive a hat from Victoria National
       Golf Club, and that the Grand Prize was a $350.00 gift certificate to
       the Tom Howard Golf Superstore.^ The advertisements relating to the
       Contest that South Central broadcast over the air, however, state only
       that contestants can qualify to win a Lexus automobile--they do not
       mention the hat or the $350.00 gift certificate.^ As such, the on-air
       announcements failed to describe the actual extent, nature, and value
       of the prizes South Central intended to award. Moreover, none of the
       on-air announcements described any of the procedures by which prizes
       would be awarded, including the fact that the Lexus automobile would
       only be awarded to a finalist hitting a hole-in-one.^ The on-air
       announcement therefore also failed to describe the means of selection
       of winners. South Central contends that the most effective method of
       informing potential contestants of the Contest rules was to include
       the rules on the website, which it implies is mitigating or
       exculpating.^ Yet the Commission requires "stations to broadcast all
       of the material terms of a contest" that they conduct.^ Although rules
       announced through non-broadcast means (e.g., online) can supplement
       broadcast announcements, they cannot act as a substitute for broadcast
       announcements.^ Thus, South Central failed to accurately disclose the
       material terms of the Contest over the air. While this aspect of South
       Central's contest rule violation would, standing alone, warrant a
       finding of liability, because (as described above in paragraph 9) we
       find that South Central violated the rule on other grounds, it is not
       necessary for us to rely upon South Central's deficient announcements
       to find liability, and we do not do so in this case. At the same time,
       this failure reflects a broad pattern of contest misconduct and
       informs our overall calculation of the monetary forfeiture proposed
       below.

   13. Finally, regarding the allegation that at least one participant and
       weekly winner in the Contest did not receive the promised prize of a
       Victoria National Golf Club hat, South Central has submitted
       persuasive evidence to the contrary. Through sworn declarations, South
       Central credibly submits that all of the golf hats were made available
       for pick-up by the weekly winners at the Stations.^

   14. Based upon the evidence before us, we find that South Central
       apparently willfully and repeatedly violated Section 73.1216 of the
       Commission's rules by failing to conduct the Contest substantially as
       announced or advertised. The Commission's Forfeiture Policy Statement
       sets a base forfeiture amount of four thousand dollars ($4,000) for
       violation of Section 73.1216.^ In assessing the monetary forfeiture
       amount, we must take into account the statutory factors set forth in
       Section 503(b)(2)(E) of the Act and Section 1.80 of the Commission's
       rules, which include 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
       such matters as justice may require.^ Based upon the facts and
       circumstances presented here,^ we find that an upward adjustment to
       eight thousand dollars ($8,000) is warranted because of South
       Central's pattern of violative conduct,^ and because it conducted the
       Contest over four stations, not one, thus posing harm to a larger
       audience.^ We note that the forfeiture amount assessed here does not
       exceed the maximum monetary forfeiture permissible under the Act and
       the Commission's rules.^

   IV. ORDERING CLAUSES

   15. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended,^ and Sections 0.111, 0.204,
       0.311, and 1.80 of the Commission's rules,^ that South Central
       Communications Corporation is hereby NOTIFIED of its APPARENT
       LIABILITY FOR FORFEITURE in the amount of eight thousand dollars
       ($8,000) for apparently willfully and repeatedly violating Section
       73.1216 of the Commission's rules.^

   16. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
       rules,^ that within thirty (30) days of the release date of this NAL,
       South Central Communications Corporation SHALL PAY the full amount of
       the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   17. Payment of the forfeiture must be made by check or similar instrument,
       wire transfer, or credit card, and must include the NAL/Account number
       and FRN referenced above. South Central Communications Corporation
       shall send electronic notification of payment to
       Terry.Cavanaugh@fcc.gov, Kenneth.Scheibel@fcc.gov and
       Guy.Benson@fcc.gov, on the date said payment is made. Regardless of
       the form of payment, a completed FCC Form 159 (Remittance Advice) must
       be submitted.^ ^ When completing the FCC Form 159, enter the Account
       Number in block number 23A (call sign/other ID) and enter the letters
       "FORF" in block number 24A (payment type code). Below are additional
       instructions you should follow based on the form of payment you
       select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission. Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent via
       overnight mail to U.S. Bank - Government Lockbox #979088, SL-MO-C2-GL,
       1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001. To complete the
       wire transfer and ensure appropriate crediting of the wired funds, a
       completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on the
       same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   18. Any request for full payment under an installment plan should be sent
       to: Chief Financial Officer--Financial Operations, Federal
       Communications Commission, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C. 20554.^ If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   19. The response, if any, must be mailed to Theresa Z. Cavanaugh, Chief,
       Investigations and Hearings Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, SW, Room 4-C330,
       Washington, D.C. 20554, and SHALL INCLUDE the NAL/Acct. number
       referenced above. In addition, to the extent practicable, a copy of
       the response, if any, should also be transmitted via e-mail to
       Terry.Cavanaugh@fcc.gov, Kenneth.Scheibel@fcc.gov, and
       Guy.Benson@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 referenced in this
       proceeding IS GRANTED to the extent indicated herein and IS OTHERWISE
       DENIED, and the complaint proceeding IS HEREBY TERMINATED.^

   22. IT IS FURTHER ORDERED, that copies of this NAL shall be sent, by First
       Class Mail and Certified Mail, to Lee Petro, Esquire, Counsel for
       South Central Communications Corporation, Drinker Biddle, 1500 K
       Street, N.W., Washington, DC 20005-1209.

   FEDERAL COMMUNICATIONS COMMISSION

   Theresa Z. Cavanaugh

   Chief, Investigations and Hearings Division

   Enforcement Bureau

   ^ See 47 C.F.R. S  73.1216.

   ^ Complaint to Federal Communications Commission, Form 2000E, No.
   09-C00136930-1 (July 16, 2009) (on file in EB-09-IH-1908) (Complaint).

   ^ Id.

   ^ Letter from Kenneth M. Scheibel, Jr., Assistant Chief, Investigations
   and Hearings Division, FCC Enforcement Bureau, to South Central
   Communications Corporation (Dec. 10, 2009) (on file in EB-09-IH-1908)
   (LOI).

   ^ Letter from Anne Goodwin Crump and Lee G. Petro, Fletcher, Heald &
   Hildreth, P.L.C., Counsel to South Central Communications Corporation,
   File No. EB-09-IH-1908, to Marlene H. Dortch, Secretary, Federal
   Communications Commission (Jan. 22, 2010) (on file in EB-09-IH-1908) (LOI
   Response). According to the LOI Response, South Central brokers the
   programming on Station WEJK(FM). Counsel represents that the response also
   encompasses the actions of that Station, which we address in a concurrent
   NAL also released today.

   ^ See id. at 2-5.

   ^ Id. at 2-3.

   ^ See LOI Response at 3, Exhibit 2.

   ^ Id.

   ^ Id. According to South Central, no one chose to enter as a write-in
   contestant. Id. at 3.

   ^ Id. at 3.

   ^ Id.

   ^ Id. at 2-3, 5.

   ^ Id. at 3.

   ^ Id.

   ^ Id. at 4.

   ^ Id. at 3.

   ^ Id. at 4.

   ^ Id.

   ^ Id. at 5. The additional prizes consisted of a $25.00 gift certificate
   for a golf store and a catered lunch.

   ^  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).

   ^ H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982).

   ^ See, e.g., S. Cal. Broad. Co., Memorandum Opinion and Order, 6 FCC Rcd
   4387, 4388, para. 5 (1991).

   ^ See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
   Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, para.
   10 (2001) (Callais Cablevision) (assessing a forfeiture for a cable
   television operator's repeated signal leakage).

   ^ S. Cal. Broad. Co., 6 FCC Rcd at 4388, para. 5; Callais Cablevision,
   Inc., 16 FCC Rcd at 1362, para. 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, para. 4 (2002) (forfeiture paid).

   ^ 47 C.F.R. S 73.1216.

   ^ Id., notes 1(b) and 2.

   ^ Honeyradio, Inc., Memorandum Opinion and Order, 69 FCC 2d 833, 838,
   para. 12 (1978) (holding licensee responsible for mistakes made during its
   conduct of a contest, and affirming a $5,000 forfeiture for violation of
   Section 73.1216 of the rules) (quoting Amendment of Part 73 of the
   Commission's Rules Relating to Licensee-Conducted Contests, Proposed
   Rulemaking, 53 FCC 2d 934, 935, para. 4 (1975)). See generally
   Multicultural Radio Broad. Licensee, LLC, Notice of Apparent Liability for
   Forfeiture, 22 FCC Rcd 21555, 21558, para. 7 (Enf. Bur. 2007) (forfeiture
   paid) (Multicultural Radio) (citing Honeyradio, Inc.).

   ^ LOI Response at 2-5.

   ^ Id.

   ^ 47 C.F.R. S 73.1216; see, e.g., Multicultural Radio, 22 FCC Rcd at
   21558, para. 7.

   ^ See AMFM Broad. Licenses, LLC, Notice of Apparent Liability for
   Forfeiture, 24 FCC Rcd 1529, 1532, para. 8 (Enf. Bur. 2009) (forfeiture
   paid) (finding Section 73.1216 applicable where licensee aired promotional
   announcements for a contest that it claimed it conducted principally via
   its website) (AMFM Broad.). See also Clear Channel Communications, Inc.,
   Notice of Apparent Liability for Forfeiture, 27 FCC Rcd 343, 346, para. 6
   (Enf. Bur. 2012) (forfeiture paid) (finding Section 73.1216 applicable
   where licensee aired promotional announcements on the station for a
   contest that it claimed it "conducted on the Station Websites") (Clear
   Channel).

   ^ LOI Response at Exhibit 3.

   ^ Id. at 4.

   ^ Id.

   ^ 47 C.F.R. S 73.1216.

   ^ Multicultural Radio, 22 FCC Rcd at 21560, para. 13 (finding station
   failed to conduct contest substantially as advertised by awarding only two
   TVs, instead of the five initially announced).

   ^ See, e.g., Nassau Broad. III, L.L.C., Notice of Apparent Liability for
   Forfeiture, 25 FCC Rcd 12347, 12350, para. 8 (Enf. Bur. 2010) (forfeiture
   paid) (finding station failed to conduct contest in accordance with its
   advertised material terms by selecting grand prize winner day before
   announced expiration of contest entry period).

   ^ See Clear Channel Broad. Licenses, Inc., Notice of Apparent Liability
   for Forfeiture,  21 FCC Rcd 4072, 4076, para. 9 (Enf. Bur. 2006)
   (forfeiture paid) (finding that licensee impermissibly changed contest
   eligibility requirements by barring participants from submitting multiple
   entries, where the contest rules did not specify such a restriction).

   ^ LOI Response at 4.

   ^ See id. at Exhibit 2.

   ^ Id. at 3.

   ^ See id. at 3-4.

   ^ South Central notes that it was not until it received the LOI that "it
   was forcibly reminded of its inadvertent oversight." LOI Response at 4.

   ^ See, e.g., Saga Communications of New England, L.L.C., Forfeiture Order,
   24 FCC Rcd 11934, 11936-37, para. 7 (Enf. Bur. 2009) (Saga Communications)
   (finding that unreasonable delay in awarding prizes is a failure to
   conduct contest substantially as announced), aff'd, Memorandum Opinion and
   Order, 25 FCC Rcd 3289 (Enf. Bur. 2010), aff'd, Order on Review, 26 FCC
   Rcd 16678 (2011). See generally Public Notice Concerning Failure of
   Broadcast Licensees to Conduct Contests Fairly, Public Notice, 45 FCC 2d
   1056 (1974); Amendment of Part 73 of the Commission's Rules Relating to
   Licensee-Conducted Contests, Notice of Proposed Rulemaking, 53 FCC 2d 934
   (1975); Amendment of Part 73 of the Commission's Rules Relating to
   Licensee-Conducted Contests, Report and Order, 60 FCC 2d 1072, 1073
   (1976).

   ^ See LOI Response at 8-9.

   ^ Id. at 3.

   ^ Id.

   ^ See Nationwide Communications Inc., Notice of Apparent Liability for
   Forfeiture, 9 FCC Rcd 175 (Mass Med. Bur. 1994) (forfeiture for violating
   contest rules imposed, notwithstanding licensee's contention that its
   failure to conduct a contest substantially as announced was due to
   "inadvertence"), forfeiture reduced, Memorandum Opinion and Order, 9 FCC
   Rcd 2054 (Mass Med. Bur. 1994) (licensee's history of compliance with
   Commission rules warranted forfeiture reduction).

   ^ LOI Response at 9.

   ^ E.g., Saga Communications, 24 FCC Rcd at 11937, para. 8 (additional
   prizes awarded as recompense not mitigating); Capstar TX Ltd. Partnership
   (WKSS(FM)), Notice of Apparent Liability for Forfeiture, 20 FCC Rcd 10636,
   10640, para. 9 (Enf. Bur. 2005) (forfeiture paid) (licensee's remedial
   efforts undertaken after complaint lodged not mitigating) (citing AT&T
   Wireless Services, Inc., Notice of Apparent Liability for Forfeiture, 17
   FCC Rcd 21866, 21871, para. 14 (2002)).

   ^ 47 C.F.R. S 73.1216.

   ^ See supra, para. 7; 47 C.F.R. S 73.1216, note 1(b).

   ^ LOI Response at Exhibit 2.

   ^ Id. at Exhibit 3. Regarding its failure to include the automobile in the
   printed rules, South Central notes that the prize was not included as part
   of the Contest as originally planned but was added later. Id. at 4.

   ^ Id. at Exhibit 3.

   ^ See id. at 4.

   ^ AK Media Group, Inc., Notice of Apparent Liability for Forfeiture, 15
   FCC Rcd 7541, 7543, para. 7 (Enf. Bur. 2000) (AK Media Group).

   ^ Id.; see also Clear Channel Broad. Licenses, Inc., Notice of Apparent
   Liability for Forfeiture, 15 FCC Rcd 2734, 2735, para. 7 (Enf. Bur. 2000)
   (holding that posting rules on the station's website, in the absence of
   broadcast recitations, does not satisfy rule's requirements).

   ^ See LOI Response  at 2-3, 5; Declarations of John P. Engelbrecht,
   Timothy Huelsing, and Paul Brayfield. See Application of WorldCom, Inc.
   and MCI Communications Corp. for Transfer of Control of MCI Communications
   Corp. to Worldcom, Inc., Memorandum Opinion and Order, 13 FCC Rcd 18025,
   18134, para. 193 (1998) (citing  47 C.F.R. S 1.17 (in light of their duty
   to be truthful and accurate in their representations to the Commission,
   statements provided by Commission licensees in response to investigatory
   or adjudicatory matters within the Commission's jurisdiction are awarded
   substantial weight in the absence of persuasive evidence to the
   contrary)).

   ^ See 47 C.F.R. S 1.80(b).

   ^ See 47 U.S.C. S 503(b)(2)(E); 47 C.F.R. S 1.80(b)(4).

   ^ See supra, para. 9.

   ^ See Multicultural Radio, 22 FCC Rcd at 21551, para. 15 (finding that a
   demonstrated pattern of violative conduct with regard to a licensee's
   administration of its contests warranted upward adjustment of the proposed
   forfeiture).

   ^ See Clear Channel, 27 FCC Rcd at 347-48, para. 9.

   ^ See  47 U.S.C. S 503(b)(2); 47 C.F.R. S 1.80(b). See also Federal Civil
   Penalties Inflation Adjustment Act of 1990, Pub. L. No. 101-410, 104 Stat.
   890, amended by  Debt Collection Improvement Act of 1996, Pub. L. No.
   104-134, Sec. 31001, 110 Stat. 1321 (codified as amended at 28 U.S.C. S
   2461 note (4)); Inflation Adjustment of Maximum Forfeiture Penalties,
   Rules and Regulations, 73 Fed. Reg. 44663, 44664 (July 31, 2008)
   (applicable for violations that occurred after Sept. 2, 2008, but before
   Sept. 13, 2013); Amendment of Section 1.80(b) of the Commission's Rules,
   Adjustment of Civil Monetary Penalties to Reflect Inflation, Order, 28 FCC
   Rcd 10785 (Enf. Bur. 2013); Inflation Adjustment of Maximum Forfeiture
   Penalties, Rules and Regulations, 78 Fed. Reg. 49370 (Aug. 14, 2013)
   (applicable for violations that occurred after Sept. 13, 2013).

   ^ 47 U.S.C. S 503(b).

   ^ 47 C.F.R. SS 0.111, 0.204, 0.311, 1.80.

   ^ 47 U.S.C. S 503(b); 47 C.F.R. SS 1.80, 73.1201.

   ^ 47 C.F.R. S 1.80.

   ^  An FCC Form 159 and detailed instructions for completing the form may
   be obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

   ^  See 47 C.F.R. S 1.1914.

   ^ For purposes of the forfeiture proceeding initiated by this NAL, South
   Central Communications Corporation shall be the only party to this
   proceeding.

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   Federal Communications Commission DA 14-358

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   Federal Communications Commission DA 14-358