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A. a.(1)(a) i) a)Documentg2&-'e+,,PleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N&27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<7777777y.C8*XC\  P6QP 7PC2X DXP\  P6QXP2J=.X &J\  P6Q&P.2N=.X7&N4  pQ&RP,%X)J,\  P6QJPSW!0(X h0\  P6QhPxy.K8?X3qK\  P@QP"5@^(1<receipt of our second letter, you searched your files again and found that, under your original lease at  xAdobe Plaza, which was no longer in effect at the time of your response to our first letter of inquiry, you  xNdid receive reduced rent in exchange for "equivalent" radio time. You still contend, however, that  x"although announcement 1 was aired during the term of the original lease, it was not one of the  xannouncements broadcast as part of the lease arrangement. You did not, however, provide us with any  xdocumentation or evidence to verify that announcement 1 was not part of the lease arrangement. Thus,  xgiven the lack of any evidence, and because of your lease arrangement with Adobe Plaza, it appears that consideration was, at least indirectly, received in return for airing of that announcement.  xWith respect to announcement 2, you acknowledge that Gently Used Furniture did make contributions to  xLthe station. However, you indicate that because station files with respect to the announcements at issue  xare missing, you do not know whether consideration was paid by Gently Used Furniture for this particular  x.announcement or whether it was aired as part of your lease arrangement with Adobe Plaza. Either way,  xLhowever, consideration was received by the station in exchange for, or as a result of, the broadcast of the spot.  xFinally, regarding announcement 6, you state that although Baja's was a station contributor, no  xconsideration was received for the broadcast of this particular announcement. Again, however, you do  xnot provide us with any documentation or evidence to support your claim. In these circumstances, the  xtenor of the announcement, together with the financial support you received from Baja's, leads us to  xconclude that you did receive consideration in connection with the airing of the announcement extolling the "delicious" and "terrific" offerings of that restaurant. " [,C)C)UUU#"Ԍ xLWe are concerned that much of what you wrote in response to our first letter of inquiry is, by your own  xadmission, inaccurate. You attribute this to lapse of memory and a failure to fully search station files.  xYou also contend that your ability to respond to Commission inquiries, and any errors that occurred, were  x[caused, in part, by the disappearance of station files regarding the announcements at issue. Although we  x.recognize that you may not have all the requested information because some station records are missing,  xsomehow you were able to respond to most of our questions upon receipt of our second letter of inquiry.  xThus, it appears that had you taken the time to search your records and other sources to respond fully and accurately to our first inquiry, you would have been able to do so at that point.  xjHaving determined that consideration was given for the broadcast of announcements 16, we now turn to  xthe question of whether or not the language in those announcements violates Section 399B of the Act and  xNSection 73.503 of the Commission's Rules. Considering the full text of these announcements (see  xattached), we find that all six contain impermissible promotional language. For example, many of the announcements contain prohibited comparative and qualitative language:  Xx1. . . . Adobe Plaza right here in Temecula. It's not too big, not too small, but just right. . . .   $Xx2. [Gently Used Furniture] . . . I've got some exciting news. What's up? I just found  a furniture store located right here in Temecula with furniture that's been used . . . gently. Ah, what do you mean gently used? I mean like almost new. . . .   Xx3. Temecula Valley's our location . . . Nissan of Temecula. Yeah, we've got cause for  3celebration. Nissan cars and trucks . . . Nissan of Temecula. . . . Nissan of Temecula. There's friendly faces all around . . . the only Nissan dealer in town. . . .    #s Xx4. Rancho Transmission, the oldest transmission center in Temecula . . . Rebuilt transmission work carries a oneyear warranty or 24,000 miles. . . .   Xx6. . . . I find it rather discouraging unable to come up with a dining establishment which  would offer both diversity and delicious delicacies all in one eating experience. Baja's,  dude, in the Target Center. . . . Mondays are mad, Tuesdays are terrific . . . Wednesdays, dude, are wild! . . .   xAlthough you contend that reference to "friendly faces" in the Nissan of Temecula announcement (# 3)  x<does not describe the underwriter's personnel, but rather people throughout the community, we believe that  xa listener, given the way the announcement is worded, would relate "friendly faces" to the auto dealer's  x=staff. Similarly, we reject your argument that the references to Rancho Transmission (#4) as Temecula's  x"oldest transmission service" and its "warranty" are simply facts and should, therefore, be permissible.  xL"Oldest" is a comparative term. "Warranty" constitutes prohibited price information and an inducement  xto buy. Both references, fact or not, clearly exceed the identificationonly limitations on underwriting  xyannouncements. We also note that the Nissan of Temecula announcement (#3) contains the type of non x identifying verbosity pointed out to you in the 1992 Notice of Apparent Liability. Specifically, the underwriter's name, "Nissan of Temecula," is repeated continuously throughout the spot.  xFinally, with respect to announcement 5, it appears that the primary purpose of the announcement and the remote broadcast was to promote the Costain Classics, not the station itself:   Xx5. This weekend the sound track of the Valley 8.9 FM The Mix will broadcast live from the   @grand opening of the all new furnished Plan 1 Model Home at Costain Classics, at Silverhawk   right off Winchester in Temecula. Costain Classics has three furnished models to view with up" (,C)C)UU+"   2to five bedrooms. The live remote broadcast begins at 11 a.m. and continues until 3 in the afternoon, with best costume prizes, pumpkins and giveaways. . . .(#  xThe announcement goes beyond the mere identification of the location of the remote it informs listeners  xof the products offered at that location ("all new furnished Plan 1 Model Home at Costain Classic," "three  xfurnished models to view"). Under such circumstances, it is a violation of the Act and our Rules. The  xCommission has long held that if programming is based on the licensee's public interest judgment rather  xthan an exchange of consideration, identification of the origination point of a remote is permissible.  xHowever, promotion of a nonstation event and/or establishment beyond identification of its location is  S5- xnot. See Letter from Chief, Complaints and Investigations Branch, Enforcement Division, Mass Media  S- xjBureau, FCC, to James L. Zix, General Manager, Station WLAB(FM) (July 8, 1992), citing Commission  S- xPolicy Concerning the Noncommercial Nature of Educational Broadcasting Stations, 86 FCC 2d 141, 153 (1981).  xMBased on the evidence before us, it appears that you repeatedly violated Section 399B of the Act on  xOctober 27 and 28, 1993. You are hereby advised of your apparent liability for a total forfeiture of Six  xThousand Dollars ($6,000) for your apparent violations. In determining a forfeiture amount, we take into  xyaccount the nature, circumstances, extent, and gravity of the violation, as well as the degree of culpability  xand the Station's prior history of violations. Section 503(b)(2)(D) of the Communications Act of 1934, as amended, 47 U.S.C.  503(b)(2)(D).  x-Our prior forfeiture to you for similar violations was issued with a caution that continued failure to comply  xwith our Rules and the Act would result in a more substantial forfeiture. Despite this, you have continued  xto air promotional announcements similar to those we found impermissible in 1992. Further, we note that  x?we continue to receive complaints alleging that Station KRTM is still broadcasting impermissible  xpromotional announcements. Your violations are aggravated by the inaccuracy of your response to our  xfirst letter of inquiry. Taking into account the repeated nature of your violation, the carelessness with  xwhich you responded to our first letter of inquiry, and your history of past rule violations, we believe that a $6,000 forfeiture is appropriate.  xLIn regard to this forfeiture proceeding, you are afforded a period of thirty (30) days from the date of this  xletter "to show, in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay  xthe forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall  xinclude a detailed factual statement and such documentation and affidavits as may be pertinent." 47  xyC.F.R.  1.80(f)(3). Other relevant provisions of Section 1.80 of the Commission's Rules are summarized in the attachment to this letter. x` `  hh@hSincerely, x` `  hh@hRoy J. Stewart x` `  hh@hChief, Mass Media Bureau Enclosure  S='-cc:xPeter Tannenwald, Esq. xComplainant" (,C)C)UU+"Ԍ KRTM(FM), Temecula, CA  S-  S-October 27, 1993   x1. Hi, Goldie here. After those three bears ran me off I found a cottage in the Adobe Plaza right  xhere in Temecula. It's not too big, not too small, but just right. It's surrounded by over 15 businesses that  xmake up the Adobe Plaza. Not too many, not too few, but just right. There's also space for more  xbusinesses. Information is available from Osbourn Properties at 6949320. The Adobe Plaza, located on  xJefferson Avenue, is the home of Peacock Uniforms, Gently Used Furniture, Adobe Chiropractic, National Communications, and the KRTM business office . . . just to name a few. Not too few, but just right.   |x2. (Ring sound effect.) Hello? Hey, Mark, this is Loxie. I've got some exciting news. What's  xup? I just found a furniture store located right here in Temecula with furniture that's been used . . .  xgently. Ah, what do you mean gently used? I mean like almost new. The store has filled up 8 times in  x48 days with sofas, dinettes, chairs, tables, recliners, rockers, curios, beds, desks, china cabinets and more.  xOwners Rick and Jeannie Kearn take in all types of furniture on consignment. Consignment, huh? Where  xis this place? In the Adobe Plaza on Jefferson Avenue next to Tony's Spunky Steer and that local radio  xstation KRTM or something. Oh, yeah, the programming of that station is underwritten by this announcement. Gently Used Furniture, 27625 Jefferson Avenue, 6995044.  S- October 28, 1993   x3. Temecula Valley's our location . . . Nissan of Temecula. Yeah, we've got cause for  xcelebration. Nissan cars and trucks, we've got 'em all. Nissan of Temecula. In the Temecula Auto Mall  x. . . Nissan of Temecula. There's friendly faces all around . . . the only Nissan dealer in town. It's Nissan of Temecula. Nissan of Temecula is an underwriter of programming on KRTM.   #x4. Rancho Transmission, the oldest transmission center in Temecula, is an underwriter of  x<programming on KRTM. Automatic transmission preventative maintenance schedule is every 20,000 miles  x. . . . Family owned and operated in the Temecula Valley. Rebuilt transmission work carries a oneyear  xwarranty or 24,000 miles. Rancho Transmission located on Via Montezuma in Temecula. The phone number is 6766569.   Ox5. This weekend the sound track of the Valley 88.9 FM The Mix will broadcast live from the  xgrand opening of the all new furnished Plan 1 Model Home at Costain Classics, at Silverhawk right off  x[Winchester in Temecula. Costain Classics has three furnished models to view with up to five bedrooms.  xMThe live remote broadcast begins at 11 a.m. and continues until 3 in the afternoon, with best costume  xprizes, pumpkins and giveaways. For directions, the phone number is 6984100. This Halloween eve,  xSaturday, October 30th, from 11 to 3. A live remote broadcast from Costain Classics at Silverhawk, from the station that loves it live, 88.9 FM The Mix. " ,C)C)UU $"   ]x6. Bah, humbug. Hey, dude, why the downer Scroogelike attitude? Que pasa? Ba, ha, humbug.  xI find it rather discouraging unable to come up with a dining establishment which would offer both  xdiversity and delicious delicacies all in one eating experience. Baja's, dude, in the Target Center. With  xfish tacos, burritos, tostados, combo plates and shrimp tacos and burritos. It's like Mondays are mad,  xMTuesdays are terrific, and WednesdayWednesdays, dude, are wild! Hmm ... Baja's. Why does that  xsound familiar? In the Target Center. Baja's is an underwriter of KRTM programming. The phone number is 6996311.  S5- ` x7.` ` (Cricket sound effects.) Latelow. Dear, dear, wake up. What? There's someone on our  xfront lawn. Oh, no, it's him! Him? My boss. Wake up Latelow! What does he want? What do you  xwant!?! Quiet down out there. It's decision time, Latelow . . . you've got to pick a doctor for your health  xyplan. But we don't know a doctor. Keep it down out there. Latelow, I'm not leaving this lawn until you  x=choose a doctor! Dear, turn on the sprinklers. Yeah, good idea. (Sound effect.) If you're worried about  xfinding the right doctor in your health plan, just call Sharp Health Care at 180082SHARP. Our doctors  xare located throughout San Diego. So you get a Sharp doctor who's not only near your home or work,  xbut who also has access to Sharp Hospitals. Latelow, you're just wasting water. Dear, I'm letting the dog out. Oh, no. Oh, yes. Call Sharp Health Care, 180082SHARP. Latelow, nice dog!