**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | EB-05-IH-0974                |
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| **JONES COLLEGE**                | ) | Facility ID No. 31936        |
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| Licensee of Noncommercial        | * | NAL/Account No. 200832080019 |
| Educational Station WKTZ-FM,     |   |                              |
| Jacksonville, Florida            | * | FRN 0001824077               |
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######### NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Adopted: January 16, 2009 Released: January 16, 2009**

By the Chief, Enforcement Bureau:

**I. INTRODUCTION**

1\. In this *Notice of Apparent Liability for Forfeiture* ("*NAL*"), we
find that Jones College, licensee of noncommercial educational Station
WKTZ-FM, Jacksonville, Florida, willfully and repeatedly broadcast
prohibited advertisements in apparent violation of Section 399B of the
Communications Act of 1934, as amended (the "Act"),[^1] and Section
73.503 of the Commission\'s rules.[^2] Based upon our review of the
facts and circumstances of this case, we conclude that Jones College is
apparently liable for a monetary forfeiture in the amount of \$5,000.

**II. BACKGROUND**

2\. This case arises from a complaint made to the Commission's Tampa
Office on June 24, 2005, alleging that noncommercial educational Station
WKTZ-FM had broadcast prohibited underwriting announcements.[^3]
Following the complaint, agency monitoring and recording of station
broadcasts was conducted on July 2 and 9, 2005.[^4] Thereafter, the
Enforcement Bureau ("Bureau") inquired of the licensee concerning these
matters.[^5] Jones College responded to the *LOI* on December 1,
2005.[^6]

**III. DISCUSSION**

3\. Under Section 503(b)(1) of the 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.[^7] 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.[^8] 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,[^9] and
the Commission has so interpreted the term in the Section 503(b)
context.[^10] The Commission may also assess a forfeiture for violations
that are merely repeated, and not willful.[^11] "Repeated" means that
the act was committed or omitted more than once, or lasts more than one
day.[^12] 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.[^13] 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.[^14] As described in greater detail below,
we conclude under this procedure that Jones College is apparently liable
for a forfeiture in the amount of \$5,000 for its apparent, willful, and
repeated violations of the Commission's Underwriting Rules.

A.  **Jones College Has Willfully and Repeatedly Broadcast
    Advertisements in**

> **Violation of Section 399B of the Act and Section 73.503 of the
> Commission's Rules**

4\. Advertisements are defined by the Act as program material broadcast
\"in exchange for any remuneration\" and intended to \"promote any
service, facility, or product\" of for-profit entities.[^15] The
pertinent statute specifically provides that noncommercial educational
stations may not broadcast advertisements.[^16] 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.[^17] Specifically, such announcements
may not contain comparative or qualitative descriptions, price
information, calls to action, or inducements to buy, sell, rent or
lease.[^18] 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.[^19]

5\. At issue here are eight underwriting announcements, transcripts of
which are attached, that Jones College does not dispute that its station
broadcast on July 2 and July 9, 2005.[^20] Although Jones College claims
that it "cannot confirm or deny"[^21] that the transcripts of the
announcements, based on the Commission's field monitoring, represent
exactly what was broadcast, it acknowledges that "it is likely that the
announcements were aired substantially as they are shown."[^22] Jones
College further represents that all of the entities mentioned in the
announcements are for-profit entities.[^23] Jones College claims that it
received no consideration from any for-profit entity for broadcasting
the announcements, which it contends were contained in the prerecorded
weekly "Swingtime" program provided at no charge by Mr. Norm
Vincent.[^24] Jones College further claims that the station terminated
its broadcast of the "Swingtime" program and association with that
programmer upon receipt of the Commission's inquiry.[^25]

6\. After careful review of the record in this case, we find that the
announcements set forth in the attached transcript were made on behalf
of for-profit entities and apparently exceed the bounds of what is
permissible under Section 399B of the Act and the Commission's pertinent
rules and policies, in light of the "good faith" discretion afforded
licensees under *Xavier, supra*. We conclude that they appear to
constitute prohibited advertisements because they invite or urge
business patronage (*e.g.*, "how about doing something fun . . . let me
suggest a visit to Annabelle's Gifts and Home Furnishing Gallery"),
distinguish favorably the respective underwriters from their competitors
by stating or implying that they offer superior service, products or
price (*e.g.*, "good news for all of you 55 years and up . . .the senior
bonus program is valid four days a week. . . at the senior's rate and
that includes your golf cart"), and describe their underwriters through
comparative or qualitative references made either directly or indirectly
(*e.g.*, "doing things right since nineteen five;" "the longest
continuous builder in Northeast Florida;" and "\[i\]t's a special place,
always with something special for you").[^26] We note that many of the
announcements involved are sixty seconds in length.[^27] Although the
Commission has not imposed quantitative limits on the length of
underwriting announcements, it has found that the longer they are, the
more likely they are to contain material, as here, that is inconsistent
with the "identification only" purpose of such announcements.[^28]

7\. Further, we find that a *quid pro quo* exchange of consideration
between the underwriter and the licensee for a violation of Section 399B
exists in this case. Jones College contends that there was no violation
because no support of any kind was provided to the station by any
for-profit entity, apart from the programming and announcements
contained therein, which were furnished to the station by the program
producer, and not the underwriters themselves.[^29] Jones College argues
that the station's broadcast of the embedded announcements contained
therein was thus unsupported by consideration, and must be deemed
harmless under the Act.

8\. We reject this argument. The Act does not require that the
consideration involved be supplied directly by the sponsor or
underwriter itself.[^30] Moreover, cognizable consideration may take
many forms, including, as in the instant case, the programming
itself.[^31] Nor is this case similar to instances where the Commission
found mitigating the fact that third-party program providers supplied
the programming and promotional announcements to the station.[^32]
Unlike those cases, this case involves the station's broadcast of
numerous and lengthy announcements contained in programming that was
supplied by the same third-party programmer and involved many of the
same advertisers as programming that drew a previous admonishment for
violation of the Underwriting Rules. [^33] In these circumstances, no
mitigation as a consequence of the "embedded" nature of the
impermissible advertisements is warranted.[^34]

**B. Proposed Action**

9\. Section 503(b) of the Act and Section 1.80(a) of the Commission's
rules both state that any person who willfully or repeatedly fails to
comply with the provisions of the Act, the rules or Commission orders
shall be liable for a forfeiture penalty.[^35] The Commission's
*Forfeiture Policy Statement* sets a base forfeiture amount of \$2,000
for violation of the enhanced underwriting requirements.[^36] The
*Forfeiture Policy Statement* also provides that the Commission shall
adjust a forfeiture based upon consideration of the factors enumerated
in Section 503(b)(2)(E) of the Act, such as "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 such other matters as justice may require."[^37]

10\. In the *Christian Voice NAL*, the Bureau proposed a \$20,000
forfeiture against a noncommercial educational broadcast licensee for
airing ten separate announcements on several thousand occasions in
apparent violation of the Commission's Underwriting Rules over a
fifteen-month period of time.[^38] Here, it appears that on July 2,
2005, Jones College willfully and repeatedly broadcast eight separate
advertisements, repeating one announcement twice and another once, and
airing two of the eight announcements again on July 9, 2005, in
violation of Section 399B of the Act and Section 73.503(d) of the
Commission's rules. While the number of prohibited announcements here is
similar to *Christian Voice NAL*, the number of repetitions is
substantially fewer and the period of time over which they aired is
substantially shorter. On the other hand, the licensee in this case has
a history of non-compliance, having received an admonishment for
committing underwriting violations,[^39] and this is a compounding
factor.[^40]

11\. Moreover, Jones College's apparent response to its prior
admonishment for underwriting violations[^41] raises questions whether
it has, since the time of that admonishment, taken adequate steps to
ensure that the content of its broadcast material complies with the
Commission's rules. Similarly, we do not find relevant the fact that
Jones College terminated the "Swingtime" program after having received
the Commission's inquiry in this case, because such *post-facto*
remedial efforts are not mitigating.[^42] Based on all the
circumstances, and after examining forfeiture actions in other recent
underwriting cases, including that cited above, we believe that a
forfeiture of \$5,000 is appropriate.[^43]

**IV. ORDERING CLAUSES**

12\. **ACCORDINGLY**, pursuant to Section 503(b) of the Communications
Act of 1934, as amended, and Sections 0.111, 0.311 and 1.80 of the
Commission's rules, Jones College, licensee of noncommercial educational
Station WKTZ-FM, Jacksonville, Florida, is hereby **NOTIFIED OF ITS
APPARENT LIABILITY FOR A FORFEITURE** in the amount of \$5,000 for
willfully and repeatedly broadcasting advertisements in violation of
Section 399B of the Act, 47 U.S.C. § 399b, and Section 73.503 of the
Commission\'s rules, 47 C.F.R. § 73.503 during the period of July 2005.

13\. **IT IS FURTHER ORDERED**, pursuant to Section 1.80 of the
Commission's rules, that within thirty days of the release of this
Notice, Jones College **SHALL PAY** the full amount of the proposed
forfeiture or **SHALL FILE** a written statement seeking reduction or
cancellation of the proposed forfeiture.

14\. 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
Number 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\[**s**\] by wire transfer may be made to ABA
Number 021030004, receiving bank TREAS/NYC, and account number 27000001.
For payment by credit card, an FCC Form 159 (Remittance Advice) must be
submitted.  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. Jones College will also send
electronic notification on the date said payment is made to
Hillary.DeNigro@fcc.gov, Kenneth.Scheibel@fcc.gov, and
Anita.Patankar-Stoll@fcc.gov.

15\. The response, if any, shall be mailed to Hillary S. DeNigro, Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12^th^ Street, S.W, Room 4-C330,
Washington DC 20554 and **SHALL INCLUDE** the NAL/Acct. No. referenced
above. To the extent practicable, the response, if any, shall also be
sent via e-mail to Hillary.DeNigro@fcc.gov, Kenneth.Scheibel@fcc.gov,
and Anita.Patankar-Stoll@fcc.gov.

16\. 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.

17\. **IT IS FURTHER ORDERED** that the above-referenced complaint filed
**IS GRANTED** to the extent indicated herein and **IS OTHERWISE
DENIED**, and the instant complaint proceeding **IS HEREBY
TERMINATED**.[^44]

18\. **IT IS FURTHER ORDERED** that a copy of this Notice shall be sent,
by Certified Mail/Return Receipt Requested, to Jones College,5353
Arlington Expressway, Jacksonville, Florida, 32211, and by regular mail
to its counsel, Christopher D. Imlay, Esq., Booth, Freret, Imlay &
Tepper, P.C., 14356 Cape May Road, Silver Spring, Maryland 20904-6011.

FEDERAL COMMUNICATIONS COMMISSION

Kris Anne Monteith

> Chief, Enforcement Bureau

**[ATTACHMENT]{.underline}**

*The following text was transcribed from audio recordings of
underwriting announcements broadcasted on WKTZ-FM, Jacksonville,
Florida, on July 2 and/or 9, 2005:*

1\. [Annabelle's Gifts and Home Furnishing Gallery]{.underline}

All right\...uh this being the uh\...4^th^ of July weekend, how about
doing something fun if you have nothing else planned, today ...uh let me
suggest a visit to "Annabelle's Gifts and Home Furnishing Gallery" in
Orange Park. There's a decorator item at Annabelle's I'd like to tell
you about, you ought to look at and see it might be something you'd like
to have ...Its call "Wallpaper for Windows" etch art. Yeah, that's right
it's called "Wallpaper for Windows" and what it is... it's a
static-cling film that fits most the standard and custom windows and
glass doors and has the look of etched glass, available in many
patterns, including the new "Wallpaper for Windows Privacy Glass."
Privacy glass lets light in but obscures the visibility through a window
or glass door, plus it filters 95% of the ultraviolet rays, protecting
carpets and furnishing from fading. "Wallpaper for Windows" new privacy
glass is the answer for creating a decorative focus or to dress up
windows, glass doors, kitchen covers, glass shower doors... Now you can
install it, you can remove it, you can reuse it if you like and of
course you can clean it. "Wallpaper for Windows," transforming your
windows into works of art... at "Annabelle's Gifts and Home Furnishings
Gallery" on College Drive, immediately off Landing Boulevard in Orange
Park. A special place, always with something special for you.

2\. [Sid Higginbotham Builder, Inc.]{.underline} (At 22:36 minutes from
the beginning of recording)

Sometime ago, a newspaper writer, commenting on, uh house construction
in a local newspaper here in Jacksonville stated that, quote: "the
quality of a new home will be determined in large measure by the skill
of the building professional who constructs it" U-hum! "and you should
shop for a builder as careful as you shop for the features of a home."
Well, let me tell you about "Sid Higginbotham Master Builder." Sid
Higginbotham Builder Inc., founded by Sid in 1957, he is the longest
continuous builder in Northeast Florida. Tells you something doesn't it?
Building in, oh!, in communities like Eagle Harbor at Fleming Island,
Julianton Creek Plantation, Magnolia Point Golf and Country Club, two
communities bordering Doctor's Lake, one is Paradise Moorings and the
other is Romeo Point. Of course, if you have some property; Sid
Higginbotham will build on your land as well. They are also building in
\[the\] Eagle Lake Landing in the estate section of Oakley Plantation
and I know you'd like some information about how Sid and his son Roger
can build your home and a model location, call 771- 5816. That is
771-5816. Sid Higginbotham Master Builder, Sid Higginbotham Builder Inc.
and for their web page is w Sid Higginbotham. Let's start again, the web
page is www.sidhigginbotham.com Alright? Alright.

3\. [Donovan Heat and Air]{.underline}

If you are tired of high utilities bills, Donovan Heat and Air has a new
tool I'd like to tell you about. It's called air diagnostics. Air
diagnostics it has to do with the ducting system in your heating and
cooling system. Your system is attached to electrical and refrigeration
lines but then there's the ducting system and even if other components
were perfectly, ducting defects can reduce the amount of cooling and
heating and the system's efficiency by up to, I'm told, about 50%. Now
they age poorly, they wrinkle, they sag, and even if you needed to do
some updating to your system, Donovan Heat and Air has the tools and the
training and their air diagnostics can help you make decisions about
your air conditioning system. Now here is the number to call two, two,
three, forty two hundred; two, two, three, forty two hundred, and with
Donovan my friends you know who you're dealing with.

4\. [Windsor Park Golf Club]{.underline}

For golfers of all ages here's some good advice from Doctor Bob Rotella.
He is the author of "Golf is not a game of Perfect" and he says quote:
"Don't let the good play of your opponents distract you and foul up your
game. Assume that they'll hit their best possible shots, then if it
happens, you'll be prepared for it." Alright, that's good advice from
Bob Rotella and now some good news for all of you 55 years and up senior
golfers, who are looking to put your game on the right course, and the
course, I'm speaking about is the course at Windsor Park Golf Club,
Windsor Park Golf Club. The senior bonus program is valid four days a
week, and that's Mondays through Thursdays at the senior's rate and that
includes your golf cart. Now the Windsor Park Golf Course is
challenging, so seniors 55 years and up, the seniors rate Mondays
through Thursdays except TPC week and holidays, well its for you. Here
is a number for you to call 223-golf that's 223-golf for details and if
it's in your mind go ahead and arrange a tee time. Windsor Park Golf
Club, it's on Hudgins Boulevard between Beach and the Butler.

5\. [Annabelle's Gifts and Home Furnishing Gallery]{.underline}

Let me tell you about "Annabelle's Gifts and Home Furnishing Gallery" in
Orange Park. Annabelle's with gifts and accessories for any occasion, oh
along with interior appointments and floral designs, chest, cabinets,
tables, pictures, mirrors, lamps, Emerson furniture, furniture,
furniture. Now, at Annabelle's three products to care for your furniture
and carpets and fabrics... Wyman Furniture Polish with lemon oil, for no
wax build ups, also Wyman Panel and Cabinet Polish for covering up
scratches and a spray product called Wineaway, for removing red wine
stains on carpets and fabrics Now speaking about furniture, Anabelle's
has introduced Ambiance Imports, Ambiance Imports and their line of
furniture for bath and hearth. Furniture for powder rooms and fire
places specially designed to provide shelving and storage in your
limited space areas and so much more. Now all waiting your
distern\...your discerning\... I can say your discreet and discerning
taste, at Annabelle's on College Drive. That's immediately off Landing
Boulevard on Orange Park. It's a special place, always with something
special for you.

6\. [Claude Nolan Cadillac]{.underline}

And *Swingtime* being brought to you by Claude Nolan Cadillac, out there
on South Side Boulevard across from Tinsel Town just north of the Butler
and you'll find the goal here is to serve you. And whether you decide to
buy or lease, Claude Nolan's Finance and Insurance Office, offers a
range of financing options. Claude Nolan Cadillac, they've been doing
things right since nineteen five.

7\. [Donovan Heat and Air]{.underline}

Have you ever become concerned about carbon monoxide levels in your
home? You know symptoms included, oh, light headiness, coughing, flu
like symptoms. Perhaps you have a detector that's gone off in the past.
Well if you have a concern, Donovan Heat and Air will like to help.
Donovan has the instrumentation to check carbon monoxide levels and will
provide you with a report. Now, Donovan understands how carbon monoxide
is generated and how it moves throughout a building. Donovan measures
where it's produced and then compares all the readings to the very
toughness standards. Donovan Heat and Air will then issue, what they
call a report card and provide you with simple steps to reduce carbon
monoxide levels. Now, if you'd like to know if your home makes the
grade, contact Donovan Heat and Air at two, two, three,

forty two hundred; that's two, two, three, forty two hundred. Donovan
has detectors for sale, too. So, for more information on the dangers of
carbon monoxide and how to make and keep your home safe from it, call
Donovan at two, two, three, forty two hundred. With Donovan, you know
who you're dealing with.

8\. [Vystar Credit Union]{.underline}

Funding for the broadcast of today's *Swingtime,* has been provided by .
. . Vystar Credit Union. Now, whether its better interest rates on your
savings, loans that are more within your reach, or just a firm hand
shake and good old fashion service \-- you deserve it. Vystar Credit
Union and Vystar Financial Group, we never forget that it's your money.

[^1]: *See* 47 U.S.C. § 399b.

[^2]: *See* 47 C.F.R. § 73.503 (the "Underwriting Rules").

[^3]: *See* Case Report, prepared by the Tampa Field Office, Enforcement
    Bureau, and dated September 19, 2005 ("*Field Office Report*"), at
    2.

[^4]: *See id*. at 2-3.

[^5]: *See* Letter from William D. Freedman, Deputy Chief,
    Investigations and Hearings Division, Enforcement Bureau, to Jones
    College, dated November 10, 2005 ("*November 10^th^ LOI*").

[^6]: *See* Letter from Christopher D. Imlay, Esq., Counsel to Jones
    College, to Kenneth M. Scheibel, Jr., Attorney, and William D.
    Freedman, Deputy Chief, Investigations and Hearings Division,
    Enforcement Bureau, dated December 1, 2005 ("*Response*").

[^7]: *See* 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1).

[^8]: 47 U.S.C. § 312(f)(1).

[^9]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^10]: *See, e.g., Southern California Broadcasting Co.*, Memorandum
    Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).

[^11]: *See, e.g.,* *Callais Cablevision, Inc., Grand Isle, Louisiana*,
    Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd
    1359, 1362, ¶ 10 (2001) ("*Callais Cablevision*") (issuing a Notice
    of Apparent Liability for, *inter alia*, a cable television
    operator's repeated signal leakage).

[^12]: *Southern California Broadcasting Co.,* 6 FCC Rcd at 4388, ¶ 5;
    *Callais Cablevision, Inc.,* 16 FCC Rcd at 1362 ¶ 9.

[^13]: *See* 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).

[^14]: *See, e.g., SBC Communications, Inc*., Forfeiture Order, 17 FCC
    Rcd 7589, 7591 ¶ 4 (2002) (forfeiture paid).

[^15]: *See* 47 U.S.C. § 399b(a).

[^16]: *See* *id*.

[^17]: *See* Public Notice, *In the Matter of the Commission Policy
    Concerning the Noncommercial Nature of Educational Broadcasting
    Stations* (1986), *republished*, 7 FCC Rcd 827 (1992) ("*Public
    Notice*").

[^18]: *See id*.

[^19]: *See Xavier University*, Letter of Admonition, issued November
    14, 1989 (Mass Med. Bur.), *recons. granted*, Memorandum Opinion and
    Order, 5 FCC Rcd 4920 (1990) ("*Xavier*").

[^20]: *See Response* at 2. The licensee asserts that "the
    announcements, or some version of them, would each have been
    broadcast" during the "Swingtime" program. *Id*. Some of the eight
    distinct announcements reflected in the transcript were repeated in
    substantially similar form during the broadcast on July 2^nd^,
    *viz.* those on behalf of Nolan Cadillac and Sid Higginbotham
    Builders, Inc. Similarly, the second announcement on behalf of
    Annabelle's Gift and Home Furnishings Gallery was repeated on July
    9^th^, as was the Higginbotham announcement.

[^21]: *Id.*

[^22]: *Id*.

[^23]: *See* *id.* at 2.

[^24]: *See* *id.* at 2-3. Two additional announcements involving Fleet
    Landing and St. Catherine's Laboure Manor are not considered because
    Jones College asserts that they are not-for-profit entities. *See*
    Memorandum Opinion and Order, *Commission Policy Concerning the
    Noncommercial Nature of Educational Broadcast Stations,* Report and
    Order, 90 FCC 2d 895, 900 n.16 (1982), *recons.*, 97 FCC 2d 255
    (1984) ("*1982 Policy Statement*") (noting that institutions which
    qualify under IRS guidelines as not-for-profit organizations may
    receive promotional announcements).

[^25]: *See Response* at 4.

[^26]: *See Public Notice, supra* note 17.

[^27]: *See Field Office Report* at 11; *see also*
    http://wktz.jones.edu/sponsor_costs.htm, wherein the licensee posts
    its rates for the station's broadcast of fifteen, thirty and
    sixty-second underwriting spots.

[^28]: *See Public Notice, supra* note 17.

[^29]: *See Response* at 2.

[^30]: We note that 47 U.S.C. § 399b(a) simply provides: "\[f\]or
    purposes of this Section, the term 'advertisement' means any message
    or other programming material which is broadcast or otherwise
    transmitted in exchange for any remuneration, and which is intended
    to promote any service, facility or product offered by any person
    who is engaged in such offering for profit."

[^31]: *See* *1982 Policy Statement*, 90 FCC 2d at 911-912 ¶¶ 26-28.

[^32]: *See* *In re Window to the World Communications, Inc.
    (WTTW(TV))*, 12 FCC Rcd 20239 (Mass Med. Bur. 1997), *forfeiture
    reduced*, 15 FCC Rcd 10025 (Enf. Bur. 2000); *see also Minority
    Television Project, Inc. (KMTP-TV)*, Forfeiture Order, 18 FCC Rcd
    26611 (Enf. Bur. 2003), *aff'd*, Order on Review, 19 FCC Rcd 25116
    (2004), *recons. denied,* 20 FCC Rcd 16923 (2005) (forfeiture paid).

[^33]: *See Jones College (WKTZ-FM)*, Memorandum Opinion and Order, 18
    FCC Rcd 24971 (2003).

[^34]: For the same reason, we find unconvincing Jones College's
    suggestion that it was exploited by a program provider, who, aware
    of the fact that his program material received little station
    review, "recommenc\[ed his insertion of\] zealous sponsorship
    announcements." *See Response* at 5.

[^35]: *See* 47 U.S.C. § 503(b); 47 C.F.R § 1.80.

[^36]: *See The Commission's Forfeiture Policy Statement and Amendment
    of Section 1.80 of the Rules to Incorporate the Forfeiture
    Guidelines*, 12 FCC Rcd 17087, 17115 (1997) ("*Forfeiture Policy
    Statement"*), *recons. denied* 15 FCC Rcd 303 (1999)*;* 47 C.F.R. §
    1.80(b).

[^37]: 47 U.S.C. § 503(b)(2)(E). *See also Forfeiture Policy Statement*,
    12 FCC Rcd at 17100 ¶ 27.

[^38]: *See Christian Voice of Central Ohio, Inc.(WCVZ(FM)),* 19 FCC Rcd
    23663 (Enf. Bur. 2004) (\$20,000 forfeiture initially proposed for
    underwriting violations), *forfeiture reduced*, 23 FCC Rcd 7594
    (Enf. Bur. 2008) (forfeiture reduced to \$9,000 for good compliance
    record and after finding acceptable a previously sanctioned
    announcement), *recons. den.,* 23 FCC Rcd 15943 (2008) (collectively
    "*Christian Voice*").

[^39]: *See* *supra* note 33.

[^40]: *See Entercom Sacramento License, LLC.,* Notice of Apparent
    Liability, 19 FCC Rcd 20129 (2006) (forfeiture increased because
    licensee had history of violating the rules (indecency)); *Family
    Life Educational Foundation (KOUZ(FM))*, Notice of Apparent
    Liability, 17 FCC Rcd 16317 (Enf. Bur. 2002) (forfeiture paid)
    (forfeiture imposed because Licensee had a history of underwriting
    violations); *c.f.* *Southern Rhode Island Broadcasting, Inc.*,
    Notice of Apparent Liability, 15 FCC Rcd 8115 (Enf. Bur. 2000)
    (forfeiture paid) (lower forfeiture imposed for underwriting
    violation "due to the prior unblemished enforcement record of the
    licensee.")

[^41]: Jones College indicated that Mr. Vincent was urged to "truncate"
    the messages contained within his programming after the Commission
    first investigated and admonished the licensee in 2003. Since that
    time, however, Jones College asserts that, having noted "no
    irregularities," the licensee reviewed such programming "only
    periodically." *See Response* at 4-5.

[^42]: *See Capstar TX Limited Partnership (WKSS(FM))*, Notice of
    Apparent Liability, 20 FCC Rcd 10636 (Enf. Bur. 2005) (forfeiture
    paid); *AT&T Wireless Services, Inc.*, Notice of Apparent Liability,
    17 FCC Rcd 21866, 21871 (2002); *KVGL, Inc.*, Memorandum Opinion and
    Order, 42 FCC Rcd 258, 259 (1973).

[^43]: *Cf. Caguas Educational TV, Inc. (WLAZ(FM)),* Notice of Apparent
    Liability, 20 FCC Rcd 6093 (Enf. Bur. 2005) (forfeiture paid)
    (\$10,000 forfeiture imposed for first-time violation involving more
    than 1,600 repetitions of two announcements over a five-month
    period); *Family Life Educational Foundation (KOUZ(FM))*, Notice of
    Apparent Liability, 17 FCC Rcd 16317 (Enf. Bur. 2002) (forfeiture
    paid) (\$2,000 forfeiture imposed for repeat violation involving 120
    repetitions of single message over a three-month period).

[^44]: For purposes of the forfeiture proceeding initiated by this NAL,
    Jones College shall be the only party to this proceeding.