WPC 2BJZ Courier3|a ix6X@`7X@HP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRSx  @\'&ilX@266 ZFKK3|a HP LaserJet 4M (PCL) (Additional)HL4MPCAD.PRSC\  P6Q\'&ilP"i~'^09CSS999S]+9+/SSSSSSSSSS//]]]Ixnnxg]xx9?xgxx]xn]gxxxxg9/9MS9ISISI9SS//S/SSSS9?/SSxSSIP!PZ9+ZM999+99999999S/xIxIxIxIxIlnIgIgIgIgI9/9/9/9/xSxSxSxSxSxSxSxSxSxSxIxSxRxSxSxS]SxIxIxInInInZnIxigIgIgIgIxSxSxSxZxSxZxS9/9S999Su]ZZxSg/gCg9g9g/xSbxSxSxSxSxn9n9n9]?]?]?]ZgFg/gMxSxSxSxSxSxSxxZgIgIgIxSg9xS]?g9xSi+SS88WuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuuxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNI\\>>>\g0>03\\\\\\\\\\33gggQyyrg>Frgygrr>3>T\>Q\Q\Q>\\33\3\\\\>F3\\\\QX%Xc>0cT>>>0>>>>>>>>\3QQQQQwyQrQrQrQrQ>3>3>3>3\\\\\\\\\\Q\Z\\\g\QQQyQyQycyQtrQrQrQrQ\\\c\c\>3>\>>>\gcc\r3rIr>r>r3\l\\\\y>y>y>gFgFgFgcrMr3rT\\\\\\crQrQrQ\r>\gFr>\t0\\=!=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBT\>Q\\\\\3;\7;\7>>QQ\??n\\pBnnBmgg>Q\7"yyyy\njc\gnn\2 Wh<KKF  S-#&J\  P6Q&P#Times New RomanTimes New Roman BoldTimes New Roman Italic"i~'^5>g\\>>>\g0>03\\\\\\\\\\>>ggg\yyrF\yrgyy>3>j\>\gQgQ>\g3>g3g\ggQF>g\\\QI(I_>0_j>>>0>>>>>>\>g3\\\\\QyQyQyQyQD3D3D3D3g\\\\gggg\\g\\\\pg\\\QQ_QyQyQyQyQ\\\_\gjF3FgF>Fgg__gy3ySy>yIy3ggg\\QQQgFgFgFg_y^y>yjgggggg_yQyQyQgy>ggFy>\0\\=2=WxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNBnnBa\>\\\\\\7>\7>\7>>\\\??n\\pBnnBsgg>\\7"yyyy\nlc\gnn\"i~'^:DPddDDDdp4D48dddddddddd88pppX|pDL|pp||D8D\dDXdXdXDdd88d8ddddDL8ddddX`(`lD4l\DDD4DDDDDDDDd8XXXXXX|X|X|X|XD8D8D8D8ddddddddddXdbdddpdXXXXXlX~|X|X|X|XdddldldD8DdDDDdplld|8|P|D|D|8dvddddDDDpLpLpLpl|T|8|\ddddddl|X|X|Xd|DdpL|Dd~4ddC$CWxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxNHxxH\dDXddddd8@d<@d<DDXXdDDxddzHxxHvppDXd<"dxtldpxxd2K KKYK"i~'^#)0<8HH"&H>XHH8HB8>HH^HH>"".2",2,2,"222N2222"&22H22,006"6."""""""""""2H,H,H,H,H,XAB,>,>,>,>,""""H2H2H2H2H2H2H2H2H2H2H,H2H1H2H2H282H,H,H,B,B,B6B,H?>,>,>,>,H2H2H2H6H2H6H2""2"""2F866H2>>(>">">H2;H2H2H2H2XHB"B"B"8&8&8&86>*>>.H2H2H2H2H2H2^HH6>,>,>,H2>"H28&>"H2?22!!WFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN$<<$.2",2222`2 LL2 LL2L"",,2d"" S'  #&J\  P6Q&P#Federal Communications Commission`}(#cDA 991280 ă   yx}dddy([Federal Communications Commission HAWashington, D.C. 20554     S '`(#S#&J\  P6Q&P# In reply refer to:   ` `  hhCqpp  *xxX1800C1GU/KMS ` `  hhCqpp  *xxX97110071 ` ` `June 29, 1999  S '`2(# Released: July 1, 1999 ă  SI 'CERTIFIED MAIL RETURN RECEIPT REQUESTEDpp  *  X4#Xj\  P6G;9XP#Russellville Educational Broadcast Foundation Licensee, Noncommercial Educational Station KMTC(FM) P.O. Box 570 807 Dike Road Russellville, AR 72811 Dear Licensee:  "uThis letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE  x8pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Act"), for  xviolations of 47 U.S.C. Section 399B and Section 73.503 of the Commission's Rules. This action  x4is taken under authority delegated to the Chief, Mass Media Bureau, pursuant to Section 0.283(c)(3) of the Commission's Rules.   "Section 399B of the Communications Act, as implemented by Section 73.503 of the  xCommission's Rules, prohibits public broadcast stations from broadcasting advertisements.  xAdvertisements are defined by the Communications Act as program material broadcast "in  xexchange for any remuneration" and intended to "promote any service, facility, or product" of for xprofit entities. 47 U.S.C.  399B. Although contributors of funds to a noncommercial station  xmay receive onair acknowledgements, the Commission has unequivocally stated that such  xlacknowledgements may be made for identification purposes only and should not promote the  xVcontributor's products, services, or business. Specifically, such announcements may not contain  x<comparative or qualitative descriptions, price information, calls to action, or inducements to buy,  X%4 xsell, rent or lease. See Public Notice, "In the Matter of the Commission Policy Concerning the  xNoncommercial Nature of Educational Broadcasting Stations," 7 FCC Rcd 827 (1986). In this  xcase, we received information suggesting that various announcements broadcast by Station  xKMTC(FM), transcriptions of which we previously provided the licensee, Russellville Educational  xVBroadcast Foundation ("REBF"), appear to promote the products, services or businesses of for"M),**UU'"ԫprofit enterprises.  "In response to this information, we issued a letter of inquiry to REBF dated October 7,  xS1997. In its October 24, 1997, reply, REBF concedes that sponsored underwriting  X4 xyacknowledgements "similar"  X4 x  #Xj\  P6G;9XP#We note that REBF did not indicate how the announcements' texts differed, if at all, from those set forth in our audiotape transcript. to those described in our October 7, 1997 letter of inquiry were  xEbroadcast. The licensee also provided a log indicating that the subject announcements were  xbroadcast approximately 828 times during the January 1997 through October 1997 period in  xIexchange for monetary or trade remuneration. While REBF essentially concedes that the cited  xannouncements were promotional of forprofit entities, it explains that, on the whole, it has  xendeavored to exercise "reasonable, good faith judgments" in broadcasting sponsorship  xidentification announcements that comply with the applicable Commission guidelines. Upon  xreview of our letter of inquiry, however, it concluded that "changes need to be made," and  xthereupon implemented corrective measures by replacing station personnel associated with the announcement review process.     "Upon careful consideration of the record in this case, taking into account the full  x_circumstances including the licensee's response, we find that REBF broadcast impermissible  xadvertisements for the benefit of forprofit entities, in apparent violation of Section 399B of the  xCommunications Act, and Section 73.503 of the Commission's Rules. We find that the  xannouncements are promotional in nature, through their inclusion of language that contains  x[qualitative descriptions, comparative language, calls to action, inducements to buy, or that  x<otherwise exceeds the identificationonly purpose of underwriting announcements by promoting the goods or services of forprofit entities.  " Although we acknowledge that the licensee has taken corrective measures by replacing  xstaff responsible for reviewing its underwriting announcements, we must also consider that these  xcmeasures were not taken until the apparent violations were first pointed out by the Commission.  x<As to the acts of the licensee's former staff, we note that the Commission has consistently held  xcthat such factors as employee error or ignorance of the pertinent statute and underwriting rules  xwill not excuse a licensee from its obligation to operate a station in compliance with the terms  x<of its authorization and the Commission's rules. Additionally, licensees cannot be excused from  X 4responsibility for the acts of their employees. Empire Broadcasting Corp., 25 FCC 2d 68 (1970).  "Accordingly, we find that REBF has apparently violated: (1) Section 399B of the  xCommunications Act and Section 73.503 of the Commission's Rules regarding permissible donor  xand underwriting announcements on noncommercial educational stations, for the reasons set forth  xRabove. From the information supplied, it appears that the announcements made on behalf of""4,C)C)UU "  xpRandy Casey Wrecker Service, DialaPage, Ragsdale Insurance, Firearms Limited, and D&R  x Pittsburgh Paints were broadcast approximately 828 times during the period January 1997 through  xIOctober 1997. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as  xamended, Russellville Educational Broadcast Foundation, licensee of KMTC(FM), Russellville,  xArkansas, is hereby advised of its apparent liability for a forfeiture of two thousand five hundred  x_dollars ($2,500.00) for its apparent willful, repeated violations of 47 U.S.C. Section 399b and Section 73.503 of the Commission's Rules.  "In assessing this monetary forfeiture, we have taken into account the nature,  xcircumstances, extent and gravity of the violations, the degree of culpability, as well as the  xstation's prior unblemished enforcement history. Section 503(b)(2)(D) of the Communications  x<Act of 1934, as amended, 47 U.S.C. Sec. 503(b)(2)(D). In this connection, we believe that the  X 4 xfacts of this case are substantially similar to Economic Opportunity Board of Clark County, 6  xFCC Rcd 2034 (MMB 1991) (forfeiture of $3,000 imposed for firsttime violation involving  xsimilarly promotional announcements made during sevenmonth period). Given these circumstances, we believe that a forfeiture of $2,500 is appropriate.  "AIn regard to this forfeiture proceeding, you are afforded a period of thirty (30) days from  xthe date of this letter "to show, in writing, why a forfeiture penalty should not be imposed or  xVshould be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be  xcimposed or should be reduced shall include a detailed factual statement and such documentation  x<and affidavits as may be pertinent." 47 C.F.R. Section 1.80(f)(3). Other relevant provisions of Section 1.80 are summarized in the attachment to this letter. ` `  hhCqFEDERAL COMMUNICATIONS COMMISSION ` `  hhCqRoy J. Stewart ` `  hhCqChief, Mass Media Bureau Enclosures   X ('G ATTACHMENTS " (,C)C)UU%"Ԍ xԙ\The italicized text identifies language deemed promotional, for the reasons discussed above, contained in audiotape transcripts of the announcements broadcast June 12, 1997:  X41.Randy Casey Wrecker Service  V4XThe friendly efficient crew at Randy Casey Wrecker Service (#  Xv4Xare always there when you need them the most. 24 hours a day(#  Xa4Xfor roadside or wrecker service, the largest towing facility in(# XRussellville. Randy Casey Wrecker Services uses modern(#  X54Xdamagefree equipment. So you can be assured your vehicle(#  X 4Xwill be handled with care.  And now Randy Casey not only(# Xdoes salvage, but he also buys and sells used cars and trucks.(# XRandy is located at 1405 Highway 124 in Russellville. Randy(# XCasey Wrecker Service, 2291954 in Dardanelle, and 9683700 (# Xin Russellville, underwriting KMTC.(#  X42.DialaPage  Vj4XYou can always be in touch with DialaPage. Be in touch. You(# Xcan always be in charge with DialaPage. Be in touch. With our(# Xpagers you can be involved, informed, inspired. Why just inquire.(# XYou'll see just how "in" you'll be with DialaPage.(#  X4  X43.Ragsdale Insurance  X4XInsurance policies, coverages, and rates can sometimes be (#  X4Xconfusing, so when the time comes for you to make an (# Xinsurance decision, you want someone you can trust to guide(#  X4Xyou in the right direction. David Ragsdale of Ragsdale Insurance(#  Xs4Xhas been dedicated to providing quality, honest insurance(#  X^4Xcoverage for those in the River Valley since 1986. Located at(# X216 North El Paso in Russellville, Ragsdale Insurance is a (# Xsupporter of Christian radio on KMTC. That's Ragsdale Insurance,(# X9677006, serving all of your insurance needs.(#  X44.Firearms Limited   X!4XBryan at Firearms Limited knows that good ammunition can(# Xmake the difference in a successful hunting trip; he knows (# Xyou need reliable performance and affordability. That's why he offers(# XOzark Custom ammunition. Ozark Custom ammunition is known(#  Xe%4Xfor its consistency and is exclusive to Firearms Limited. Located at(#  XP&4Xthe junction of Silex and Rushing Road in Lamar, Bryan carries plenty(#  X;'4Xof common and notsocommon calibers; including ammunition for(# Xhunting, police qualification, and target shooting. Underwriting(#"&(,C)C)UU%"ԌXKMTC is Firearms Limited, 8853803, for all your ammunition(# Xneeds.(#  X45.D&R Pittsburgh Paints XReady for a great spring break? Then you can visit D & R(#  Xv4XPittsburgh Paints during Pittsburgh Paints' Spring Celebration(#  Va4Xand get a great break on Pittsburgh Paints' easytoapply(# Xinterior and exterior paints, deck stains, deck care products, and(#  X34Xexterior stain. For good advice and great results, visit D & R(# XPittsburgh Paints, 905 East Main in Russellville, during Pittsburgh(#  X 4XPaints Spring Celebration. Underwriting KMTC, D & R Pittsburgh(#  X 4XPaints. You work too hard to paint with anything less. (#