FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012 Page: 3,923
ix, 3728-4696 p. ; 28 cm.View a full description of this book.
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DA 12_5g
provides that noncommercial educational stations may not broadcast advertisements.12 Although
contributors of funds to such stations may receive on-air acknowledgements of their support, the
Commission has held that such acknowledgements may be made for identification purposes only, and
should not promote the contributors' products, services, or businesses.3 Specifically, such
announcements may not contain comparative or qualitative descriptions, price information, calls to action,
or inducements to buy, sell, rent, or lease.1' 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 and is consistent with the Rules and decisions establishing compliant
underwriting announcements. Consequently, the Commission expects licensees to exercise reasonable,
"good faith" judgment in this area, and affords some latitude to the judgments of licensees who do so.'5
4. On June 23, 2010, based on information gathered by the Bureau's Tampa Field Office,
the Bureau issued a Letter of Inquiry to the Licensee, directing the Licensee, among other things, to
submit sworn written statements in response to questions relating to possible violations of the above-
described laws.'" The Licensee responded on July 29, 2010.'~ In its Response, Capstar admits that it
failed to exercise the requisite control as a permittee and licensee of Station W300BQ.'8 The Licensee
further admits that since early 2008, Mr. Randy Bennett and/or Brevard Youth Education Broadcasting
Corporation (Brevard) constructed, operated, and controlled the Station without proper documentation of
an interim relationship between the parties, and without Commission authorization, until February 26,
2010.'9 In its Response, the Licensee neither admits nor denies violating the Underwriting Laws;2
however, the evidence in this case also establishes that violations of the Underwriting Laws occurred on
October 27, 2009, October 29, 2009, and February 24, 2010.
III. TERMS OF AGREEMENT
5. Adopting Order. The Parties agree that the provisions of this Consent Decree shall be
subject to final approval by the Bureau by incorporation of such provisions by reference in the Adopting
Order without change, addition, modification, or deletion.
6. Jurisdiction. The Licensee agrees that the Bureau has jurisdiction over it and the matters
contained in this Consent Decree and that the Bureau has the authority to enter into and adopt this
Consent Decree.
12 See 47 U.S.C. 399b(b)(2).
13 See Commission Policy Concerning the Noncommercial Nature of Educational Broadcasting Stations, Public
Notice (1986), republished, 7 FCC Rcd 827 (1992).
14 See id.
15 See Xavier University, Letter of Admonition, issued November 14, 1989 (Mass Med. Bur.), recons. granted,
Memorandum Opinion and Order, 5 FCC Rcd 4920 (1990).
16 See supra note 9.
17 See Letter from Marissa G. Repp, Counsel to Capstar TX LLC, to Marlene H. Dortch, Secretary, Federal
Communications Commission, filed July 29, 2010 (Response).
18 See id. at 2.
9 See id. Capstar notes that Randy Bennett did not request that Station W300BQ stop retransmitting the signal of
WGRV-LP, but that Capstar unilaterally decided on February 26, 2010, to terminate the operations of the Station
after the Commission's Field Office Agents raised corporate policy and regulatory compliance questions.
20 See id. at I.3923
Federal Cnmm unictian n imci n
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United States. Federal Communications Commission. FCC Record, Volume 27, No. 5, Pages 3728 to 4696, April 9 - April 27, 2012, book, April 2012; Washington D.C.. (https://digital.library.unt.edu/ark:/67531/metadc102307/m1/212/: accessed April 23, 2024), University of North Texas Libraries, UNT Digital Library, https://digital.library.unt.edu; crediting UNT Libraries Government Documents Department.