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A. a.(1)(a) i) a)Documentg2(a#ee''J(PleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:%7777777777>>>0eOIIOD>OO%*ODaOO>OI>DOOgOOD%%37%07070%777V7777%*77O77055;%;3%%%%%%%%%%%7O0O0O0O0O0aHI0D0D0D0D0%%%%O7O7O7O7O7O7O7O7O7O7O0O7O6O7O7O7>7O0O0O0I0I0I;I0OED0D0D0D0O7O7O7O;O7O;O7%%7%%%7M>;;O7DD,D%D%DO7AO7O7O7O7aOI%I%I%>*>*>*>;D.DD3O7O7O7O7O7O7gOO;D0D0D0O7D%O7>*D%O7E77%%WMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMMxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxN(BB(37%07777j7#TT7!#TT7T!%%007n&&Bn77lCTn(nBB(A\\>>n%07\n!"IIIITTenn7TnB@;7>lBBn7y.X80,IX\  P6G;P7jC:, Xj\  P6G;XP2a=5,&a\  P6G;&P2e=5,D&e4  pG;&P:% ,1J:\  P6G;JPW!@(#,9h@\  P6G;hP"i~'^#)0<d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd2Y=@6V #@:"5@^.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc.====IK=\\QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\\QQzQzQzQpQpQpQ\\\\\\I\=\===\G\p3pK\\\z=zKfGfGN@.S\=Q\\\\\39\7\7==QQ\==\\=Q=7t=eeeegoo.Ijg2Z\\yeCpj`vZefeloPpPj`e~~tro.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc=\Q\\=f===QQ@\=G=.=\\\\%\=3\g=\Ie77=jS.=79\Qzpppp====gf\QQQQQQzQQQQQ3333\\\\\\\e\\\\\\\"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_.====IK=\f\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\\QQQzQzQzQ\\\\ffIfGfG=Gf\fz3zKff\QQfGfGN@.c\=\\\\\\7<\7\7==\\\==\\=\=7t=eeeeioo.Iji2Z\\yeCpj`vZefeloPpPj`e~~tro.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=j\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_=\\\\=f===\\@\=G=.=\\\\(\=7\i=\Ie77=jc.=7<\\zzzzGGGGipf\\\\\\QQQQQ3333\f\\\\\e\ffff\f2= S- X   .Ѣ S- #&J\  P6Q &P#Federal Communications Commission`M(#DA 982407 ă  yx}dddy .Q3 Before the Federal Communications Commission  S-& Washington, D.C. 20554 ă  S-In the Matter ofR#&J\  P6Q &P#) R) Penfold Communications, Inc.R) Licensee of Station KRTM(FM),R) Temecula, CAR) R) For a ForfeitureR) R) R) T  S -X MEMORANDUM OPINION AND ORDER AND FORFEITURE ORDER TP  S7-X` hp x (#%'0*,.8135@8:comparative term and that the "warranty" advertised constitutes prohibited price information and an  xjinducement to buy. Penfold argues that both terms are factual statements and are much less promotional  xthan advertisements its counsel had recently heard on the radio. We are not persuaded by either argument.  x\Whether or not something is factual is irrelevant to a determination of whether it is promotional. For  x/example, the fact that an underwriter is having a clearance sale is a fact which, although accurate, still"=',l(l(,,+"  xconstitutes a prohibited inducement to visit the establishment. The term "oldest," as compared with giving  x=the year a business was established, implies that the underwriter has been in business longer than any of  S- xzits competitors.]H X- x;ԍ #C\  P6QIP#Cf. Xavier University, 5 FCC Rcd 4920 (1990) (the fact that a company has been in business for over 75 years  yO-describes the experience the business has to offer in a nonqualitative way).#XP\  P6Q XP#] In addition, the broadcast of information about a warranty, even if true, provides an  xinducement to frequent the underwriter's establishment. We may have been persuaded otherwise if the  xwarranty were a separate product that could be purchased, but in this case it appears to have been included  S-with the purchase, providing an added incentive to a buyer.AAH X- xԍ #C\  P6QIP#The fact that Penfold's counsel heard more promotional language broadcast on other noncommercial stations  x,is not dispositive. The material counsel heard may or may not have been in compliance with the Act and our rules,  xhdepending on the circumstances surrounding the broadcast, and the matter may or may not have been brought to the Commission's attention.  S-  x9. Finally, Penfold objects to the Bureau's finding regarding announcement #5, a remote  xbroadcast at the Silverhawk real estate development. Live remote broadcasts are permissible under Section  S5- x399B. Second Report and Order, 86 FCC 2d at 153. Moreover, as long as the programming is based on  x{the licensee's public interest judgement rather than an exchange of consideration, an announcement  S- x\identifying the origination point of the broadcast would raise no question. Id. In this case, there was  xconsideration received in return for hosting the remote at Silverhawk. However, even if we were willing  Si - xto concede, arguendo, that the decision to have a remote at Silverhawk was based Penfold's public interest  xjudgement rather than consideration received, the announcement in question did more than merely identify  xthe origination point of the broadcast. Specifically, the announcement contained information about a grand  x.opening at Silverhawk and details about the models that would be available for viewing. It then went on  xto provide information as to the specific time of the remote and the station events that would be available.  xPenfold is correct that the announcement did not "urge" listeners to purchase property at the real estate  xLdevelopment, but it did identify the products of the owner of the remote location and provide incentives  S- x.for listeners to visit that location.yH XN- xxԍ #C\  P6QIP#Thus, contrary to Penfold's assertions, we find it appropriate to rely on Letter from Chief, Complaints and  xInvestigations Branch, Enforcement Division, Mass Media Bureau, FCC, to James L. Zix, General Manager, Station  yO-WLAB(FM) (July 8, 1992).#XP\  P6Q XP#џ Moreover, although Penfold argues that the products were identified  S- xin a nonpromotional way, we disagree.  H X - xԍ #C\  P6QIP#Penfold asserts that it is permissible for announcements regarding remote broadcasts to contain information  xhabout the products and services of the owner of the remote location so long as such information is not promotional.  yO- xIn support of its position, Penfold cites Letter to Mr. Bob Rosenthal (KUNV), dated November 20, 1991. We find  xthat case to be noncontrolling here both because the information broadcast about the Silverhawk real estate  xdevelopment was promotional and because, unlike in KUNV, consideration was received in return for the broadcast of the remote at Silverhawk.  The announcement constituted a prohibited "call to action" to  xattend the "grand opening" of the Silverhawk development where "all new" model homes were available  xfor viewing. Accordingly, we reject Penfold's arguments regarding this announcement and reaffirm our  xprevious finding that the broadcast of announcement #5 regarding the Silverhawk remote violated our rules and the Act.  S-  x 10. A $6,000 forfeiture was assessed in the NAL for the broadcast of the six announcements in  xjquestion during a two day period, October 27 and 28, 1993. In assessing this forfeiture, the Bureau took  xjinto consideration the repeated nature of the violation, the carelessness with which Penfold responded to"9,l(l(,,"  xNthe Bureau's first letter of inquiry, and Penfold's history of past rule violations. Having reviewed  xPenfold's response to the NAL, we reaffirm our findings of violation with respect to four of the  xannouncements in question (#s 2, 4, 5, and 6), but reverse our findings regarding announcements #1 and  x#3 for the reasons set forth herein. The broadcast of four announcements in a two day period that violate  xMSection 399B of the Act and Section 73.503 of the Commission's Rules supports a $6,000 forfeiture.  x0Nonetheless, in view of our findings herein and our conclusion that announcements #1 and #3 are permissible, we will reduce the forfeiture to $4 x%`5 ,000.   x 11. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the Communications Act of  x1934, as amended, 47 U.S.C.  503(b), that Penfold Communications, Inc. FORFEIT to the United States  x^the sum of Four x%`   x%` Thousand Dollars ($4,000) for the repeated violations of Section 399B of the  xCommunications Act of 1934, as amended, 47 U.S.C.  399B, and Section 73.503 of the Commission's  x[Rules, 47 C.F.R.  73.503, as described above. Penfold Communications, Inc. may take any of the steps  xoutlined in the attachment to this letter regarding payment of the forfeiture pursuant to Section 1.80 of the Commission's Rules.   lx 12. IT IS FURTHER ORDERED, that the Mass Media Bureau send by Certified Mail Return  xMReceipt Requested, a copy of this Memorandum Opinion and Order and Forfeiture Order to Penfold Communications, Inc. x` `  hhFEDERAL COMMUNICATIONS COMMISSION x` `  hhRoy J. Stewart x` `  hhChief, Mass Media Bureau ",l(l(,," 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  xthat make 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.   ]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.