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October 18, 1980
On Petition for Review of an Order of the Federal Communications commission.
Opinion for the court filed by Circuit Judge MIKVA.
Senator William H. Hernstadt sought re-election to the Nevada state senate in the 1980 elections. As a candidate for public office, he tried to purchase advertising time from Alfa Broadcasting Company (Alfa), the operator of station KTNV-TV in Las Vegas. Although Alfa was willing to sell the Senator advertising time, it would only sell him "fixed position" spots rather than "run-of-station" spots. ROS spots sell for substantially less than fixed position spots because broadcasters do not guarantee that the former will run at any fixed time, or that they will run at all. As their name suggests, ROS spots are shown at the convenience of the broadcaster, to fill in time that would otherwise be unused.
When Alfa refused to sell him ROS spots, Senator Hernstadt filed this complaint with the Complaints and Compliance Division of the Broadcast Bureau of the Federal Communications Commission (FCC or Commission) in August, 1980. He alleged that Alfa was violating section 315(b)(1) of the Communications Act of 1934 (the Act), 47 U.S.C. § 315(b)(1) (1976). The Complaints and Compliance Division ruled that Alfa did not have to sell Senator Hernstadt ROS spots because the Act does not give nonfederal candidates a right of access to any given type of broadcast time.
The Senator sought review before the Commission. On October 3, 1980, the FCC affirmed the Bureau's decision in a memorandum decision and order. *fn1 Senator Hernstadt petitioned for review of that order to this court. Because the November 4, 1980, election was imminent, the petition was expedited and oral argument was heard on October 17, 1980. On October 18, 1980, a judgment was entered reversing the Commission. The judgment directed the FCC to order Alfa to make ROS rates available to Senator Hernstadt. *fn2 This opinion explains the basis of that judgment. I. THE LANGUAGE OF THE STATUTE
"The starting point in every case involving construction of a statute is the language itself." Blue Chip Stamps v. Manor Drug Stores, 421 U.S. 723, 756, 95 S. Ct. 1917, 1935, 44 L. Ed. 2d 539 (1975) (Powell, J., concurring). Section 315(b)(1) of the Act provides that during the last forty-five days before a primary election, or the last sixty days before a general election, broadcasters may not charge candidates more than
the lowest unit charge of the station for the same class and amount of time for the same period .... *fn3
Senator Hernstadt argues that ROS is a charge and that he must be offered ROS rates because this section entitles him to purchase time at a station's "lowest unit charge." Alfa argues that ROS spots are a "class" of time, and that, under the terms of the Act, Alfa must sell the Senator time at the lowest unit charge for the proffered class, but need not sell him any particular class of time. Because neither "class" nor "charge" is defined by the statute, the ambiguous use of these terms cannot be resolved by a simple reference to statutory language.
When a statute's meaning is ambiguous, the paramount rule of statutory construction gives the statute that meaning which fulfills the purpose and intent of the legislature. See, e.g., Haggar Co. v. Helvering, 308 U.S. 389, 394, 60 S. Ct. 337, 339, 84 L. Ed. 340 (1940). We therefore begin our analysis by examining the purpose and intent of Congress when it adopted section 315(b) (1) in 1972. And because the construction suggested by this analysis is inconsistent with the decision of the agency charged with enforcing the statute, we review the basis of the agency's interpretation of these technical terms. II. THE LAW PRIOR TO THE 1972 AMENDMENTS
The present version of section 315(b) was enacted in 1972 as an amendment to an earlier provision dealing with advertising rates for political candidates, and analysis of congressional intent in 1972 must begin with an understanding of the law Congress meant to change. That law was enacted in 1952 when Congress initially addressed rates charged political candidates:
The charges made for the use of any broadcasting station for any of the purposes set forth in this section (facilities for candidates for public office) shall not exceed the charges made for comparable use of such station for other purposes. *fn4
This "comparable use" provision was designed to protect candidates from discriminatory rates, *fn5 and is still applicable to rates charged candidates at times other than immediately before elections.
The first regulation interpreting this provision was promulgated in 1963. It stated that the comparable use provision entitled candidates to all discounts available to other advertisers:
All discount privileges otherwise offered by a station to commercial advertisers shall be available to all candidates for public office. *fn6
Stations charge a wide variety of advertising rates, many of which might be considered discounts under this regulation. Most stations give bulk and frequency (or volume) discounts to advertisers who purchase many announcements. In addition, stations typically offer three rate categories to advertisers who purchase spots that will not necessarily run at any fixed time. The cheapest of these categories is associated with ROS spots which run, if at all, at the convenience of the station; ROS spots can be scheduled at the last minute on an ad hoc basis to fill in gaps in a program schedule. The other two rate categories apply to "preemptible" and "immediately preemptible" spots. A "preemptible" spot is scheduled for a specific time, but the station retains the right to sell the spot to a higher bidder. The original purchaser must receive notice that his announcement is being preempted, and he may also have the right to pay a higher rate to preserve his slot. "Immediately preemptible" spots are cheaper than preemptible spots because they can be sold to a higher bidder without notice and with no option to buy. All three of these rate categories-preemptible, immediately preemptible, and ROS-are cheaper than fixed position spots, which run at a guaranteed time.
The 1963 regulation did not define "discount privileges" and did not indicate which rate categories must be available to candidates as discounts. There was never any doubt that candidates were entitled to volume and frequency discounts on a comparable use basis-that is, if a candidate purchased in bulk, he was entitled to the same discount available to other bulk purchasers. And the FCC construed "discount privileges" as including ROS and similar rates in subsequent cases.
The first of these cases was Triangle Publications, Inc., 23 F.C.C.2d 760 (1967). In that decision, the FCC merely stated that ROS spots are "discount privileges within the meaning of section 73.120(c)(1) of our rules and therefore should be made available to candidates to the extent available to the commercial advertisers." Id. at 760. *fn7 The Commission gave a more complete explanation of the Triangle decision in WHDH, Inc., 23 F.C.C.2d 763 (1967), though that case involved preemptible, rather than ROS, rates. In WHDH, the Commission held that preemptible rates given to other advertisers must be offered to political candidates because "making available to commercial advertisers two rates for spots while making only the higher rate available to candidates does not comply with the requirements of the statute." Id. at 764. *fn8
This rationale applied equally to ROS and preemptible*fn9 rates. If a station was willing to sell a candidate one minute of time between 8:00 p. m. and 11:00 p. m., but only at fixed position rates, and sold other advertisers such minutes on an ROS or preemptible basis, then the candidate was not being offered the rates available to others making comparable use of the station. It is against the background of these decisions*fn10 that the Ninety-Second Congress turned its attention to rates charged political candidates under section 315. III. LEGISLATIVE INTENT OF THE 1972 AMENDMENTS
In 1952, Congress had been concerned about the rate discrimination practiced by some broadcasters against political candidates. In 1972, Congress focused on rates themselves. The catalyst for action in 1972 was not a problem with the way rates were calculated, but rather concern about the increasing cost of election campaigns. Broadcast rates were, of course, one element in the rising cost of running for office. In 1972, in order to correct this situation, and to implement other reforms designed to preserve the integrity of elections, Congress passed the Federal Election Campaign Act of 1971, "a comprehensive approach to the problem of political campaign reform and excessively high campaign costs. Its provisions deal with the communications media, campaign contributions, disclosure and reporting requirements, and tax incentives to encourage the small donor to contribute to the candidate or party of his choice." S.Rep.No.96, 92d Cong., 1st Sess. 33 (1971). This Act amended section 315(b): the comparable use provision remained in effect during non-election periods, but during pre-election periods, a new "lowest unit charge" provision guaranteed candidates the "lowest unit charge of the station for the same class and amount of time for the same period."*fn11 Clearly the new pre-election provisions were viewed as providing an additional break for candidates.
Given the broad purposes of the Act and its subject matter, it is not surprising that it excited great interest and that many modifications were made during the debates and at conference. Changes of this nature often result in ambiguous statutory language, the meaning of which cannot be determined by a simple reference to either the words of the statute or its legislative history. The legislative process is, perhaps necessarily, incremental, and it is not always possible to reconcile the meaning of a provision with the intent of each party to a compromise or debate. This difficulty is especially acute when a provision is the result of a floor amendment. Such amendments are often fashioned quickly, during debate, with little time spent in careful drafting.
Although the ambiguous term "class" in section 315(b)(1) is the result of just such an amendment, the legislative history provides some guidance to its proper interpretation. Indeed, three aspects of the legislative history-the specific history of the section itself, the purposes served in regulating rates charged political candidates, and the simultaneous reenactment of the comparable use provision-point in a single direction: candidates are entitled to ROS and preemptible rates if the station offers such rates to other advertisers.
A. Legislative History of Section 315(b)(1)
1. The Original Wording
The lowest unit charge provision originated in the Senate version of the 1971 election reform bill.*fn12 During the previous session, the Senate Commerce Committee had considered various proposals designed to decrease media expenses for candidates in several ways, including "voters' time," allocated for use of politicians without charge,*fn13 and fixed discounts of up to eighty percent for political advertisements.*fn14 These proposals were vigorously debated and, in the end, rejected.
As reported from committee, section 315(b)(1) provided that the charges for use of broadcast time during the preelection period were not to exceed "the lowest unit charge of the station for the same amount of time during the same period." S.Rep.No.96, 92d Cong., 1st Sess. 2 (1971). The Senate report explained that the provision would "place the candidate on par with a broadcast station's most favored commercial advertiser" during the pre-election period, and that "comparable" rates would continue to be available during other periods. Id. at 27. This scheme was seen as a better way of reducing rates than a fixed discount for political candidates. Rather than imposing one arbitrary discount on all stations no matter how differently situated, the lowest unit charge provision would entitle candidates only to the discount a station was already giving its most favored advertisers. It was thought that this provision would lower the rates charged candidates without imposing unreasonable and possibly economically devastating burdens on small stations.*fn15
The Senate report went on to discuss the discounts that would be available under the lowest unit charge provision. The report noted that the lowest unit charge for a prime time spot would often be a preemptible rate:
Except in cases where other factors, such as additional volume discounts, would result in a lower cost to the candidate, the bill would provide that the highest rate a broadcast station could charge the candidate for fixed time for political campaign purposes would be the prevailing immediately preemptible rate.
Id. at 28. The report then explained that volume discounts and ROS packages available at a particular station might result in even lower rates. Id. Thus, a candidate purchasing a fixed spot of prime time could only be charged the amount charged another sponsor who received such time on a discount basis, even though that discount was available solely because the other advertiser was not guaranteed a fixed time slot. Similarly, the "lowest unit charge" language entitled a candidate to volume and frequency discounts offered bulk purchasers even though the candidate purchased only a single spot.
2. The Floor Amendment
Before the Senate committee and in the report, Senator Ted Stevens expressed "serious reservations" about the lowest unit charge provision. See, e.g., id. at 97. On the Senate floor, he voiced two specific objections to the new provision: he did not think candidates should be given volume and frequency discounts to which they were not entitled on a comparable use basis, and he did not think they should be given fixed prime time at ROS or preemptible rates. See 117 Cong.Rec. 29,026 (1971).
Although Senator Stevens was unable to dissuade his colleagues from giving candidates volume and frequency discounts, the bill was amended to meet his second objection. Senator Stevens explained that, as reported from committee, section 315(b)(1) would entitle candidates to discount rates for fixed prime time-even though no one else could get such time at a discount:
he politician will walk in and get prime time that is worth $300 if anyone else were to buy it-and believe me, they do buy it-and that time is put aside for them and they pay only $100.*fn16
Despite the language of the committee report, discussed above, Senator Pastore did not think the provision would entitle candidates to one class of time at rates applicable to another class.*fn17 Senator Pastore was, therefore, willing to agree to an amendment, proposed by Senator Stevens, preserving volume and frequency discounts, but clearly indicating that candidates are not entitled to purchase fixed prime time at discount rates. This was accomplished by adding the reference to "class" of time, and it produced the version of the statute finally enacted: "lowest unit charge of the station for the same class and amount of time for the same period" (words added by amendment in italics).*fn18
The debate clearly demonstrates that section 315(b)(1) gives a candidate purchasing a single spot the volume and frequency discounts available to bulk advertisers, and, despite language to the contrary in the Senate report, does not entitle the candidate to fixed prime time at preemptible or ROS rates. Although the Senators never explicitly stated that candidates' rights to ROS time on ROS terms would continue under the new provision, the committee report had noted that, under the original wording, such terms would have been available even for fixed prime time spots. And the Stevens amendment was only intended to ensure that candidates could not demand fixed prime time at ROS rates.
Taken together, the Senate report's explanation of the original wording and the debate on the Stevens amendment indicate that section 315(b)(1) entitles candidates to ROS time, but not fixed prime time, on ROS terms.*fn19 The lowest unit charge provision was intended to ensure that, during the pre-election period, candidates would receive not only the comparable rates available during other periods, but also volume and frequency discounts regardless of the number of announcements purchased.*fn20 In addition to being supported by the legislative history of the lowest unit charge provision, this construction is necessary to achieve the overall purposes Congress intended to serve by regulating rates for political announcements.
B. The Purposes of Rate Regulation
Congress enacted provisions regulating rates charged candidates for media advertising on two occasions, once in 1952 and again in 1972. Each time, Congress had a specific goal in mind: in 1952 Congress wanted to end rate discrimination against political candidates, and in 1972 Congress attempted to reduce campaign costs by giving candidates volume and frequency discounts. The decision of the FCC in the instant case frustrates both purposes.
1. Rate Discrimination
Section 315(b)(1) entitles candidates to the "lowest unit charge of the station for the same class and amount of time during the same period." Because "class of time" is not defined in the statute, Alfa argues that it is free to define the term to include ROS time, with the result that candidates may be denied ROS rates: the statute only entitles candidates to the lowest unit rate associated with a proffered class, but does not entitle them to any particular class of time.
If broadcasters have total discretion to define "class of time," however, they will be free to return to pre-1952 rate discrimination simply by defining a "political" class of time, with higher rates than other classes, and then offering candidates only "political" time. When section 315(b)(1) was enacted in 1972, Congress was trying to improve the position of candidates by putting them on a par with broadcasters' most favored advertisers during the pre-election period; Congress certainly did not intend to do this by legalizing a return to pre-1952 rate discrimination.
More specifically, a station offering a candidate fixed position spots during a program period, but denying him ROS or preemptible terms, is engaged in rate, not class, discrimination. Stations differentiate between candidates and other advertisers regarding "length," "class," and "programming period" to protect legitimate programming interests that would be threatened if candidates could demand that their announcements run at certain times or for certain lengths of time. For example, a radio station might lose its entire "rush hour" audience if candidates could insist on two-hour advertisements during that period. See discussion of Martin-Trigona v. WMAQ-TV, 64 F.C.C.2d 1087 (1977), in text at notes 28-29 infra.
If a station is willing to offer a candidate a minute of time between 8:00 p. m. and 11:00 p. m., however, there can be only one legitimate reason for refusing to sell that minute on an ROS basis: the station does not give anyone ROS time during that period because the program schedule is fixed in advance and does not require the flexibility afforded by ROS spots. But if the station makes ROS terms available to other advertisers, no legitimate explanation justifies denying such terms to political advertisers. The station offers ROS terms and therefore must consider the flexibility of ROS valuable. It is willing to sell the candidate a one-minute spot between 8:00 p. m. and 11:00 p. m.; it does not object to running a political announcement of that length at that time. A station that insists on the sale of a fixed position spot under such circumstances is discriminating between candidates and other advertisers with regard to rate, not class or length of time.
2. Campaign Costs
In 1972, Congress was not concerned about the way spots were scheduled or the classes of time offered to candidates, but with the rates paid by politicians during media campaigns. Congress gave careful consideration to the amount spent on media advertising-and decided to lower that amount.*fn21 Allowing broadcasters to deny candidates ROS and preemptible terms by characterizing them as "classes of time" defeats this purpose.
Even if candidates are no longer entitled to ROS and preemptible terms during either the pre-election period or the non-election period, the result urged by Alfa, it is true that section 315(b)(1) may lower candidates' costs during the pre-election period to some extent because candidates will be able to purchase single spots at the rates available to bulk advertisers. But this benefit will be offset by loss of the right to ROS and preemptible terms previously available. And, during non-election periods, when section 315(b)(1) does not apply, candidates will not be entitled to either volume and frequency discounts or the ROS and preemptible rates previously offered. As a result, a candidate could end up paying more than any other advertiser making similar use of broadcast facilities. This outcome is clearly at odds with the purpose of the 1972 amendment to section 315(b)(1): to lower the amount spent on media advertising by giving candidates an additional discount during the pre-election period, while continuing to make comparable rates available during other periods.
C. The Reenactment of the Comparable Use Provision
It is most unlikely Congress intended to affect candidates' rights to ROS and preemptible rates during the pre-election period at the time it enacted section 315(b)(1). Prior to 1972, under the FCC's decisions in WHDH and Triangle, discussed above, candidates were entitled to ROS time at ROS rates and preemptible time at preemptible rates. These rates were viewed as discounts, and candidates had a right to all discounts available to other advertisers on a comparable use basis. Against this background, Congress enacted section 315(b) (1) and, at the same time, reenacted as section 315(b)(2) the precise words of the comparable use provision previously interpreted by the FCC in WHDH and Triangle. Congress thus affirmed candidates' rights to ROS and preemptible rates during the non-election period.*fn22 And Congress would not have affirmed candidates' rights to ROS and preemptible terms during that period and simultaneously terminated such rights during the period in which candidates were to be treated on the same basis as a station's most favored advertisers. It turns legislative purpose on its head to attribute a result to Congress that is not only whimsical, but has an effect diametrically opposite to stated congressional concerns.
The intent of Congress-as gleaned from the legislative history of section 315(b)(1), the reasons for regulating rates charged political candidates, and the 1972 reenactment of the comparable use provision-can be given effect only if we adopt the interpretation of section 315(b)(1) advanced by Senator Hernstadt: ROS and preemptible rates are "lowest unit charges" and must be offered to candidates if they are available to others making similar use of broadcast facilities. *fn23
This is indeed the interpretation adopted by the FCC at the time section 315(b)(1) was enacted. We turn to that initial interpretation and the reasons given by the FCC for changing its mind. IV. FCC INTERPRETATIONS OF SECTION 315(b)(1)
A. The Initial Interpretation
From 1952 until the decision below, the FCC consistently interpreted the comparable use provision, now applicable only in non-election periods, as giving political candidates the right to all discounts, including ROS and preemptible terms, available to other advertisers making comparable use of the broadcast facility. Between 1972 and the decision below, the Commission considered ROS both a discount privilege and a class of time. *fn24 Candidates were not entitled to fixed time at ROS rates because section 315(b)(1) only entitled them to the lowest rate applicable to the class of time purchased. But broadcasters could not offer candidates only fixed time rates because ROS and preemptible rates were "lower unit charges."
As discussed above, this interpretation of the statute is supported by the legislative history. Moreover, as the contemporaneous interpretation of the agency charged with the statute's enforcement, it carries great weight. See, e.g., Power Reactor Co. v. Electrical, 367 U.S. 396, 408, 81 S. Ct. 1529, 1535, 6 L. Ed. 2d 924 (1961); Helvering v. Griffiths, 318 U.S. 371, 395, 63 S. Ct. 636, 648, 87 L. Ed. 843 (1943); Norwegian Nitrogen Products Co. v. United States, 288 U.S. 294, 315, 53 S. Ct. 350, 358, 77 L. Ed. 796 (1933); American Horse Protection Ass'n v. United States Department of Interior, 179 U.S. App. D.C. 246, 551 F.2d 432, 440-41 (D.C.Cir.1977).
B. The Decision Below
In the decision below, the FCC modified its interpretation of both the comparable use provision and the lowest unit charge provision in order to avoid a perceived inconsistency between these provisions and another section of the Act-that involving candidates' right of access to broadcast time. We begin our analysis of the decision below with a discussion of this right.
1. The Right of Access to Broadcast Time
Section 312(a)(7) of the Act, enacted in 1972, gives federal candidates, but not state or local candidates, a right of reasonable access to broadcast time. *fn25 However, section 315, which is applicable to all candidates, does not entitle a candidate to any broadcast time, but only to certain rates once time is offered. *fn26 Indeed, the words of section 315 suggest no other result. Both the original comparable use provision, now applicable during non-election periods, and the 1972 lowest unit charge provision applicable during pre-election periods, only provide that candidates have a right to certain "charges" if time is sold to them.
In the initial decisions interpreting the original comparable use provision, WHDH and Triangle, the FCC held that candidates were entitled to certain rates once time was offered, but did not suggest that the statute gave any right of access to broadcast time. Moreover, in its 1970 primer on the use of broadcast facilities, the Commission noted that the comparable use provision entitled candidates to ROS and preemptible rates, see Use of Broadcast Facilities by Candidates for Public Office, 24 F.C.C.2d 832, 880-82 (1970), but also observed that "(n)either the Act nor the Commission's rules contain any provisions which require a licensee to sell a specific time segment to a candidate for public office." Id. at 866. Unfortunately, the Commission did not adhere to that position.
In 1974, two years after Congress enacted section 312 and granted only federal candidates reasonable access to broadcast time, the Commission first suggested that the right to a station's "lowest unit charge" during pre-election periods under section 315(b)(1) might include a right of access to certain broadcast time:
here licensees sell spot announcements to legally qualified candidates for public office, it would be contrary to the Congressional objective of putting candidates in the same position as the most favored commercial advertisers to deny to such candidates the opportunity to purchase spot announcements of the type and length which are available to commercial advertisers. *fn27
This right of access was not absolute; a station could refuse to sell a candidate any time. But once time was offered, the station was obligated to offer the candidate the types and lengths of time available to the station's most favored advertisers.
Campaign "76 Media Communications, Inc. v. WGN Continental Broadcasting Co., 58 F.C.C.2d 1142 (1976), was the first case applying this new rule. WGN refused to sell political announcements less than five minutes in length during the pre-election period. The station explained that this policy "was adopted in good faith in order to provide voters with information necessary for the responsible exercise of their franchise." Id. at 1143. WGN also noted that a five-minute program cost only about fifteen percent more than a one-minute spot, and was actually cheaper than a one-minute spot during certain periods of the day. Id.
This argument fell on deaf ears. The Commission held that WGN's refusal to sell spots shorter than five minutes was "contrary to Congress' intent to "place the candidate on a par with a broadcast station's most favored commercial advertiser.' " Id. at 1144. The Commission went on to note that WHDH and Triangle supported the proposition that candidates were entitled to "spots ... available to commercial advertisers." Id. at 1144-45 (footnote citing WHDH and Triangle omitted). Under WGN, candidates for local office continued to have no absolute right of access to broadcast time: the station was not required to offer any time to such a candidate. But once it did so, the FCC insisted that, under section 315, it had to offer the lengths of time available to its most favored advertisers.
The Commission realized that WGN's extension of section 315 to include a right of access to broadcast time was wrong when it faced a candidate who wanted to buy hour and half-hour slots of time. The demand was made by Anthony Martin-Trigona, a candidate for local office, in Martin-Trigona v. WMAQ-TV, 64 F.C.C.2d 1087 (1977). The problems on a policy level were obvious. Upholding such a demand might well cause a decrease in broadcast time available to candidates for local office. Under WGN, such candidates for local office continued to have no absolute right of access to time. And stations would be reluctant to offer any time to local candidates if doing so would result in long political announcements and the consequent loss of listeners. In any event, the forced sale of time for lengthy political diatribes would not advance the public interest.
The Commission rejected Martin-Trigona's demand for hour and half-hour slots, overruled WGN, and held that candidates were not entitled to program time of any particular length under either the comparable use provision or the lowest unit charge provision. This decision examined the relevant legislative history, and concluded that the parity Congress desired to achieve between candidates and other advertisers was a parity of price, but not "a right of access to all types (of time) available to other advertisers." Id. at 1090. *fn28
The holding of Martin-Trigona is in accord with pre-1972 interpretations of section 315. *fn29 Although the Commission had relied on WHDH and Triangle to support the WGN decision, it had done so erroneously, and those two cases do not collide with the FCC's decision in Martin-Trigona : section 315 gives candidates no right of access to broadcast time, but once access is provided, the time must be offered at the discount rates available to comparable users, including ROS and preemptible rates. Unfortunately, in its decision in the present case, the Commission read Martin-Trigona as requiring yet another change in the interpretation of section 315.
2. The Right to ROS and Preemptible Spots
In the decision below, the Commission held that candidates were not entitled to ROS or preemptible rates because these are classes of time and not discounts. The Commission began by citing Martin-Trigona. "The Commission mandate in Martin-Trigona is clear: Licensee are not required to sell nonfederal candidates every class of time. As explained below, we believe that ROS and preemptible spots should be considered classes of time rather than discount privileges." Hernstadt v. Alfa Broadcasting Co., FCC No. 80-574, slip op. at 6 (Oct. 3, 1980) (emphasis in original). The Commission explained that ROS and preemptible spots were classes of time and not discount privileges because of their "unique preemptibility and scheduling attributes. The rates for ROS and preemptible spots are lower than fixed spots, since it is the nature of such spots which is determinative of their low costs." Id. (emphasis in original).
Prior to this decision, as noted above, the Commission had consistently held that ROS and preemptible spots were both classes of time and discount privileges. Because of their "unique preemptibility and scheduling attributes," they were classes of time-and the associated rates were not, therefore, available for the purchase of fixed time. But because these terms were cheaper than other terms, they were also discounts. We see nothing in their "nature" mandating a different result.
The FCC gave only one additional reason for its decision that the lowest unit charge provision did not entitle candidates to ROS and preemptible rates. Because Congress had explicitly provided for "cheap" rates in 1972, it was no longer necessary for the Commission to worry about the costs of political advertising:
In 1967, the Commission was understandably concerned about ensuring candidates the opportunity to purchase "low cost spots." However, in 1972, Congress established the lowest unit charge provision, thereby eliminating much of the Commission's concerns. With the amendment to Section 315, it is no longer necessary to define ROS and preemptible spots in terms of discount privileges; henceforth, they will be recognized as classes of time.
Hernstadt, slip op. at 6.
We do not understand this approach to statutory construction. Congress was concerned about rates in 1952 and enacted the comparable use provision. The FCC's initial interpretation of this section reflected that interest. In 1972, Congress was still concerned about rates and enacted a provision granting candidates even lower rates during the pre-election period. After this amendment, the FCC should have been more, not less, heedful of rates.
Finally, the Commission went on in Hernstadt to change its interpretation of the comparable rates provision, overruling WHDH and Triangle. The Commission reasoned that this result was necessary because otherwise candidates would be better off during non-election periods than during pre-election periods: if ROS and preemptible rates were not available during the most-favored-advertiser (pre-election) periods, they should not be available during other periods.
It is true that if ROS and preemptible rates are not available during the pre-election period, it would be anomalous to find them available at other times. *fn30 As a result of the Commission's actions, however, the 1972 amendment accomplishes the opposite of what Congress intended. Congress wanted to decrease rates because campaign costs were too high. This was to be done by making rates even lower during the period immediately before the election than they were at other times. If WHDH and Triangle are overruled, rates will be lower during the pre-election period than at other times-but only because they will be higher during non-election periods than they were before the 1972 amendment. What Congress sought to reduce, the Commission increases, and blames the increase on Congress.
Obviously, the Commission is entitled to deference when reviewing its prior decisions and declarations of policy in order to fulfill the mandates of Congress. See, e.g., Automobile Club v. Commissioner, 353 U.S. 180, 77 S. Ct. 707, 1 L. Ed. 2d 746 (1957); Chisholm v. FCC, 176 U.S. App. D.C. 1, 538 F.2d 349, 364 (D.C.Cir.), cert. denied, 429 U.S. 890, 97 S. Ct. 247, 50 L. Ed. 2d 173 (1976). But, as this court has noted in the past,
the Supreme Court has established that an agency's entitlement to deference depends upon the quality of its determinations. Factors to be considered include " "the thoroughness evident in its consideration, the validity of its reasoning, (and) its consistency with earlier and later pronouncements.' " *fn31
In its decision below, the FCC overruled a long-standing interpretation of section 315 in order to correct a perceived inconsistency between that interpretation-entitling candidates to ROS rates-and recent FCC decisions holding that section 315 did not entitle candidates to specific lengths of time. Although the FCC attempted a reasoned resolution of this conflict in the decision below, we do not defer to it for several reasons. First, the purported conflict disappears upon close analysis, and, as discussed above, the FCC's other reasons for denying ROS rates to political candidates fail to support the new interpretation. Second, the FCC made its decision without reference to legislative history and without realizing that the outcome thwarts the intent of Congress in enacting the 1972 amendments. Under such circumstances, we adopt the construction mandated by consideration of the legislative history and congressional intent rather than defer to the interpretation of the Commission.
The FCC has overruled a long line of decisions, rules, and guidelines to hold that candidates are not entitled to ROS and preemptible rates under either the lowest unit rate provision, section 315(b)(1), or the comparable use provision, section 315(b)(2). This about-face is inconsistent with the legislative history of section 315(b)(1) and the overall purposes of rate regulation. Congress enacted the lowest unit charge provision to give candidates even lower rates during pre-election periods than they had previously enjoyed. More specifically, the Senate report and the debate on the Stevens amendment, taken together, indicate that ROS and preemptible rates should be offered to candidates throughout the year, though such rates should not be available for the purchase of fixed time even during pre-election periods.
We hold that the lowest unit charge provision entitles candidates to ROS and preemptible terms when those terms are offered to others making similar use of broadcast facilities. A candidate who chooses such terms is, of course, subject to all the risks associated with the "unique preemptibility and scheduling attributes" of such spots.
Reversed and remanded.
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What is the best company to hire to provide PHP programing services for continuous outsourcing work?
By Charlene
I'm not sure but you can ask your p c the question & get lot of info or call some body in ph book, good luck.
This is a question for Dear Webby. http://webby.com/info/index.html
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- Product Details
When you see your four lines of text expertly displayed within our elegant Personalised Christmas Wreath Glass Round Decoration, you will soon realise what a very special gift this is.
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Definitely. I hate trailers and teasers for music but hey, this is The Knife, it's been too long. Hopefully a new album means, finally, we will get an Irish gig from the band. Light Asylum's Shannon Funchess will appear on the album which will be called Shaking The Habitual and will be out on Mute Records in the Spring.
Now'd be a good time to listen to them on Spotify:
Follow Nialler9 playlists on Spotify - New Music / Irish / albums etc


text:
CANBERRA OBSERVED: Queensland Labor sinks in electoral rorts
POINT OF VIEW: A Christmas reflection
QUARANTINE: AQIS caught out in apple documents
WA POLITICS: WA election - can the Court Government survive?
VICTORIA: Bracks' fading honeymoon with voters?
SNOWY RIVER SCHEME: Snowy River diversion - Governments' hidden agenda
A History of North Melbourne C.B.C. Released
AGRICULTURE: Imports threaten $55 billion agricultural market
Letter: Medicare
CULTURE: Where to now in the Culture Wars?
Straws in the Wind
COMMENT: Mission possible? Restoring the Lucky Country
EUTHANASIA: Holland's death wish
Japan outlaws human reproductive cloning
Letter: The banks
Letter: The 'Reith Affair'
Letter: 1900 telephone sex lines
Letter: GST propaganda bill
Join e-newsletter list
NATIONAL AFFAIRS Cardinal rebuts commission's 'Get Pell' campaign
COVER STORY Anti-discrimination law validates Safe Schools
U.S. AFFAIRS First Brexit, now Trump: it's the economy, stupid!
INDUSTRY AND ENVIRONMENT Wikileaks reveals U.S, funding behind anti-coal campaign
COVER STORY QUT discrimination case exposes Human Rights Commission failings
FOREIGN AFFAIRS How the left whitewashed Fidel Castro
ANALYSIS What is possible to a Trump Whitehouse
Frequently asked questions about section 18C (Simon Breheny)
Chilean legislators kill explicit sex-ed program (LifeSite News)
France to ban people with Down syndrome from smiling (The Huffington Post)
Child abuse and family structure: What is the evidence telling us (Family First NZ)
Woolworths beats ACCC supplier mistreatment case (Eli Greenblat)
Australia set to ride the quantum computing wave (Science in Public)
Weatherill warns states could introduce carbon prices (Rosie Lewis)
Green-left legerdemain doesn't make religion relevant (Fr James Grant)
Mass murderer Castro dies unpunished (Augusto Zimmermann)
The rise of political correctness (Angelo Codevilla)


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Marketing Via Rings
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The first and finest "Motown Community" now a proud member of the CommunitySurf system... The soul music and soul stars of the Motown Corporation. R&B and Pop Music greats like Marvin Gaye, Temptations, Supremes, Diana Ross, Smokey Robinson, Stevie Wonder, Michael Jackson, Queen Latifah, Boyz II Men, Brian McKnight, Kem, Donnie, Gladys Knight, Four Tops, Jnr Walker, Thelma Houston, Edwin Starr, Marv Johnson, Bobby Darin, Four Seasons, India.Arie, Q-Tip... Also friends of Motown such as Dusty Spcommunityfield... "Detroit Michigan: the Motortown, Mo'town... THIS is 'The Motown Sound'!"
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Published in 2016 by 18th Street Arts Center and designed by Jessica Fleischmann, the catalog documents the Forêt Intérieure/Interior Forest, a multi-faceted participatory project organized by Los Angeles-based artist Alexandra Grant in collaboration with the French writer and philosopher Hélène Cixous.
A book launch will be held at 18th Street Arts Center on Sunday, December 4th, 2016, from 2-5pm. Please RSVP here.
Forêt Intérieure/Interior Forest took place in 2013 at 18th Street Arts Center and Mains d'Œuvres in Saint-Ouen, France. Structured as a residency and an exhibition at each venue, Forêt Intérieure/Interior Forest extended Grant's studio practice into the arena of public engagement. The exhibitions included public drawing sessions to translate Cixous's novel "Phillipines" into a large-scale work in each gallery via reading groups, artist collaborations, lectures and performances. The twin exhibitions were co-curated by Pilar Tompkins Rivas, Isabelle Le Normand, and Ann Stouvenel. The Forêt Intérieure/Interior Forest catalog includes essays by Alexandra Grant, Robert Nashak, Pilar Tompkins Rivas, and a public conversation by Alexandra Grant and Hélène Cixous.


text:
Frost Lotus
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- Frost Lotus
- Item Level 80
- Sell Price: 1
Frost Lotus is a herb that can be gathered by herbalists.
Source Edit
Frost Lotus is typically gathered, in addition to other herbs, from herb nodes in Northrend such as Icethorn or Lichbloom although all herbs of Northrend have an equal 7.5% drop rate.
Wintergrasp and The Conservatory of Life are the only places where players can find Frost Lotus nodes, which require 450 Herbalism to gather, and also have a 7.5% chance to drop an additional lotus.
Players should note that Frozen Herbs will not yield a Frost Lotus.
Frost Lotus as an Ingredient Edit
Frost Lotus is used as an ingredient for:
Alchemy Edit
- [Indestructible Alchemist's Stone]
- [Mercurial Alchemist Stone]
- [Mighty Alchemist's Stone]
- [Flask of Endless Rage]
- [Flask of Pure Mojo]
- [Flask of Stoneblood]
- [Flask of the Frost Wyrm]
Tailoring Edit
Patches and hotfixes Edit
- Patch 3.3.3 (2010-03-23): Can now be bought with Frozen Orbs from Frozo the Renowned in Dalaran.
- Hotfix (2010-02-18): The drop rate of Frost Lotus, from herbs in Northrend, has been increased by 50%. From 5% to 7.5%
- / Patch 3.0.2 (14-Oct-2008): Added
External links Edit


text:
This collection of essays--the first of its kind in English--brings together the work of an international group of scholars examining the entire tradition associated with the ancient Cynics. The essays give a history of the movement as well as a state-of-the-art account of the literary, philosophical and cultural significance of Cynicism from antiquity to the present. Arguably the most original and influential branch of the Socratic tradition, Cynicism has become the focus of renewed scholarly interest in recent years, thanks to the work of Sloterdijk, Foucault, and Bakhtin, among others. The contributors to this volume--classicists, comparatists, and philosophers--draw on a variety of methodologies to explore the ethical, social and cultural practices inspired by the Cynics. The volume also includes an introduction, appendices, and an annotated bibliography, making it a valuable resource for a broad audience.The Cynic Movement in Antiquity and Its Legacy Robert Bracht Branham Marie- Odile Goulet-CazAc ... as we shall see, raises as many questions as it answers.22 Platoa#39;s famous characterization of Diogenes as aquot;Socrates gone madaquot; (D.L. 6.43)anbsp;...
|The Cynics
|Robert Bracht Branham
|Univ of California Press - 1996


text:
A new video player has been implemented. It is now supposed to work on all platforms and units.
We would appreciate your feedback if there are still problems watching videos. Contact the editorial staff here.
All content in Oncolex is reviewed on a minimum yearly basis, but changes may occur more often - ensuring a continually up-to-date cancer resource.
Brachytherapy for the tongue


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text:
Joseph Cruz earned MVP honors while many of his Badger teammates bring home awards as well.
It was all United Friday afternoon as they go undefeated in pool play with a 67 to 50 win over McAllen.
Friday's game between Alexander and Veterans Memorial was never really in doubt as the Bulldogs rough up the Eagles 81-57.
It was all United South Friday afternoon as the Panthers destroy SA Edison 93-41.
LBJ picked up their first win of pool play Friday, topping Martin 48-43.


text:
Women's Black Preta
Set the trend this season in the stunningly designed Ivanka Trump™ Preta boot! Leather or suede upper. Side-zip closure. Round toe. Signature logo detail. Man-made lining and footbed. Stacked heel. Man-made sole. Measurements: Heel Height: 3 1 ⁄ 2 in. Weight: 1 lb 1 oz. Circumference: 10 in. Shaft: 6 1 ⁄ 2 in. Color: black


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Get ideas from this essay and see how your work stacks up
2 Pages
An Analysis of the Contrast of French and Spanish Missionaries
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Pages: 2
Word Count: 1,122
Category: World History and Cultures
Word Count: 1,122
Pages: 2
The Contrast of French and Spanish Missionaries Ethical religion can be real only to those who are engaged in ceaseless efforts at moral improvement By moving upward we acquire faith in an upward movement without limit Felix Adler 1851-1933 American educator Since the beginning of colonial expansion the missionaries believed in the divine right to evangelize the natives in the new world By converting the natives the missionaries believed that they will reach eternal salvation However the missionaries methods were split into two different prospective The Spaniards believed in the concept of control by force and the French believed in conversion through negotiation and sincerer affection The relationships shared between these missionaries and the Native Americans were an essential part of successful evangelization During the Spanish colonization and expansionism the monarch funded the churches to sear out possible evangelization and development of ecclesiastical establishments in the new world The monarchs believed that the conversion to the Christian creed in the new world would be the stepping stone to establishing unionized Christianity in the Spaniards case it was the preservation of Catholic creed One of the areas which the Spanish missionaries hoped to find opportunity of evangelization was in New Mexico There they found the villages of Pueblo Indians According to Winthrop S Hudson the Franciscans portrayed them selves as a superior and wonder-works in order to get the respect as authorities from the Indians by staging dramatic plays in which the Indian greets the priest by kissing his feet By acquiring authority over them it made the processes of creating a strict flame work of Christian moral behavior easier to force onto the Pueblos They believed that through monitoring and accommodations of their behavior it will reach their soul These modifications were made especially in sexual behaviors and marriage However the dominance and aggression of the Spaniards has created negative results followed by the revolts from the Indians It is ironical that the
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text:
LATEST NEWS / COLOMBO – Australia and Sri Lanka were both battling injuries to key players ahead of the third and final Test starting in Colombo on Friday.
Australia's frontline fast bowler Ryan Harris was due to undergo scans on a hamstring strain later on Tuesday, while Sri Lanka's unorthodox spinner Ajantha Mendis was ruled out with a back injury.
Harris, nicknamed 'Rhino' for his strong physique, complained of a stiff hamstring on the final day of the drawn second Test in Pallekele on Monday and went off the field.
The 31-year-old has been Australia's most successful bowler in the series with 11 wickets, including a five-wicket haul in the first Test in Galle that fashioned Australia's 125-run victory.
Harris took six wickets in the second Test, but heavy rain in Pallekele frustrated Australia's bid to record a series-clinching victory.
"He is one of those guys you want in your team," said Australian captain Michael Clarke.
"He's having a big impact in this series and certainly been doing the business for us.
"He's a strong bloke and will do anything to get on the park. We're confident that if the scan shows nothing, he will certainly be available for the third Test."
If Harris is unfit, Australia have two other seamers, Peter Siddle and James Pattinson, to choose from. Neither has played in the series so far.
The fitness of Harris is not the only worry for Clarke, who must decide which of his batsmen will sit out when former captain Ricky Ponting returns for the final Test.
Ponting missed the Pallekele Test to fly home for the birth of his second child and his replacement, Shaun Marsh, responded with a brilliant 141 on his debut.
The selectors face a tough choice and could drop either opener Phillip Hughes or middle-order batsman Usman Khawaja to make room.
Hughes has made 76 runs in three innings so far, while fellow left-hander Khawaja scored 60 in as many outings.
"It will be a tough call on whoever is left out," said Clarke. "We must work out who the best six batters are for the Test. Once we do that, it's up to me to decide the batting order."
Sri Lankan captain Tillakaratne Dilshan said Mendis will not be available for the final Test at the Sinhalese Sports Club.
Mendis was not picked for the first Test but was set to play in the second before a back injury on the eve of the match ruled him out.
"He is out for the next Test," said Dilshan. "He needs to rest for another two weeks."
The captain was confident left-arm spinner Rangana Herath will be fit to play after missing the second Test with a finger injury sustained during practice.
"Rangana is much better and he should be okay by the time the match starts," said Dilshan. /AFP


text:
$190.00 2 months ago
BOSCH BELT SANDER - $190 (Danville-Riverside Area)
Model # 1274 DVS. Variable Speed. Uses 3 X 21 Inch Belts.Included: 2 - 220 Grit Belts1 - 180 Grit Belt5 - 120 Grit Belts4 - 80 Grit Belts5 - Dust Collector BagThis Sander is Immaculate and was Only Used A few Times.The Handle in the Front is Removable to Get Closer To Edges.CASH ONLY!
2 months ago
Williamsport, PA
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Makita 8.8-Amp 4 in. x 24 in. Corded Belt Sander - $145 (Topeka)
We are open to the public 9-5 Monday through Friday.call at eighthundred five9seven two5twotwo ask for TannerCash only.We are located at 3737 SW South Park Ave Topeka, KS 66609.Brand new got it because the box was damaged. Regular Retail $239From the ManufacturerMakita's 4 in. x 24 in. Belt Sander (model 9404) combines power and speed with ease-of-use features and less noise for fast and efficient
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Topeka, KS
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Bosch 1297D 1/4 Sheet Sander w/carrying bag & paper - $25 (Dubuque)
Check out this 1/4 Sheet Sanding MACHINE! It is the 1297 D which draws 2 Amps, and operates at 12,000 rpm with ultra low vibration. This orbital finishing sander comes w (2) packages of 100 grit and (1) package of 60 grit paper and a fabric zippered carrying bag for ALL items included! The tool itself retails at a minimum of $51.49 anywhere. Yet, you can get it here with BAG and PAPER for $25!!!
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Dubuque, IA
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100 Lb. Black Beauty Medium - $50
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Toledo, OH
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Garage Clean Out - Power Tools and Accessories (Lompoc)
Garage clean out means some great buys on a number of power tools and accessories. Everything in excellent condition and works perfectly.1. Craftsman ½" Collet Digital Plunge Router - $75 10 Amp, 2 hp, 0-2" plunge depth, uses ½ or ¼ in. collet2. Ryobi 7 ¼" Circular Saw with Laser - $40 (SOLD) 13 Amp, 5000 rpm, laser alignment, max. cut depth 2.438"3. Craftsman Variable Speed Jig/Sabre Saw - $4
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Greenville, SC
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Sheet Sander - $10 (Spartanburg)
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Floor sanding/ Carpet cleaning package - $14000 (SHEBOYGAN COUNTY)
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Prescott, AZ
$1.00 5 months ago
Woodshop machines - $1 (Mt. Bethel, Pa)
Powermatic 100 planer $1400:-3 HP 220 Baldor motor-Works flawlessly, super clean machine-Im the second owner, first owner was a hobbyist, not used in a commercial setting-Made in USACraftsman 6" grinder on pedestal $150:-Has both wheel covers, not shown in picture-Working light-120/220 grit norton wheels included-Made in USAFestool domino DF500 with added 8mm cutter $825:-Bought about a month ago,
5 months ago
Pocono Mountains, PA
$1.00 5 months ago
Woodshop machines - $1 (Mt. Bethel, Pa) hide this posting restore this posting
Powermatic 100 planer $1400:-3 HP 220 Baldor motor-Works flawlessly, super clean machine-Im the second owner, first owner was a hobbyist, not used in a commercial setting-Made in USARockwell 15-655 variable speed drill press $475:-3/4 HP 110/220 Rockwell motor-Working light-Im the second owner, first owner was a hobbyist, not used in a commercial setting-Made in USACraftsman 6" grinder on pedestal
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Pocono Mountains, PA
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4 Auctions of:- ROLEX WATCHES, Diamond Jewelry, Persian carpets, TOOLS & more=================================================================SATURDAY-MAY 14th NOON(see below) SATURDAY-MAY 14th 2PM Jewelry & Rolex WatchesSUNDAY-MAY 15th 11am Power and hand toolsSUNDAY-MAY 15th 2pm High end watches and diamond Jewelryaddress: *Note location has moved from Previous North Plainfieldto:319 US Route 22
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New Jersey, NJ
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Jet Stream Two - $3900 (Fountain Inn SC)
40 lb. Pressure Pot Hopper-MountedThis great feature allows you to, with simple pull of a lever, filter and fill the pressure pot without touching the abrasive. Another great feature for precise adjustments, is the self-sealing pressure pot for quick media adjustments. We also offer an optional 100lb Pressure Pot for portability. This system is designed for Laser Precision Detail as well as Deep C
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Greenville, SC
$75.00 10 months ago
auto body tools - $75 (Mount Holly)
I have a ingersoll rand die grinder, with a bag of 120 grit discs, a pro body hammer and east wood dolly, and also a 14 piece metric and 14 piece standard Pittsburgh wrench set all never used asking 75 for the whole package callor text mark thanks
10 months ago
South Jersey, NJ
$50.00 1 year ago
DeWalt 1/4 sheet sander - $50
DeWalt 1/4 sheet sander. Comes with storage bag, paper punch, manual, and 2 sheets of 220 grit and 2 sheets of 60 grit sandpaper. Used for 1 small project. Like new, you must pick up.
1 year ago
Ashtabula, OH
$30.00 1 year ago
RIDGID - SANDER - COMPLETE - W/Case - $30 (Kirkland - Kenmore - Bothell)
$30. . .. . $30. . . Used includes carry caseFrom the ManufacturerRidgid R2601 5-Inch Random Orbit Sander features best-in-class dust collection that captures up to 90-percent of dust particles. The overmold on top and base offers the user comfort in multiple grip points. This sander is equipped with an electronic speed control from 7,000 to 12,000 RPM (no load speed) as well as a soft start and p
1 year ago
Seattle, WA
$30.00 1 year ago
RIDGID - SANDER - COMPLETE - W/Case - $30 (Lake Stevens)
$30. . .. . $30. . . Used.. . . includes carry caseI visit Lake Stevens often - from Kirkland. ( I am here now with it - Monday - Tuesday)From the Manufacturer:Ridgid R2601 5-Inch Random Orbit Sander features best-in-class dust collection that captures up to 90-percent of dust particles. The overmold on top and base offers the user comfort in multiple grip points. This sander is equipped with an e
1 year ago
Seattle, WA
$80.00 1 year ago
Ridgid R2740 Belt Sander, 3-Inch x 18-Inch Heavy Duty - $80 (Amsterdam)
ONLY USED A FEW TIMESProduct DescriptionIncludes 6.5 Amp, 3 in. X 18 in. Heavy Duty VS Belt Sander - ZRR2740, 80-Grit Sanding Belt, Dust Bag, Operator's ManualFrom the ManufacturerRidgid R2740 Sander, 3-inch x 18-inch Belt has twin fan high efficiency dust collection while one fan cools the motor, the other collects dust resulting in maximum dust pickup efficiency. Soft Grip handles provide increa
1 year ago
Utica, NY


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This product was provided free of charge in exchange for an honest review.
Looking for some new games to add to your family game night? Check out these two new games from Goliath Games. One is designed for younger children while the other can be fun for the entire family.
"Wordsearch™ Junior is the sequel to the successful Wordsearch! game. The junior version teaches reading, spelling, matching, word recognition and sportsmanship. With three learning levels, children as young as 4 can join in the fun by matching patterns and can then move up to words with picture clues, while older children can play with word-only clues. Game includes 6 matching pattern puzzles, 6 words-with-picture puzzles and 6 word-only puzzles for years of learning and fun."
We added Wordsearch Junior as part of our curriculum in our homeschool. The kids thought it was fun. I enjoyed being able to include our 3-year-old in the game. We did a round of pattern matching (for the youngest child), and a round of word-only puzzles (for the oldest two), and found that everyone can be involved. This game is great for younger children who are just learning about reading fundamentals OR who have moved one to finding simple words.
Plus, I loved that it offered me a simpler opportunity to teach my kids to do the word searches that I love. The words are printed around the edge of the puzzle, so there is no guessing which words are to be found. That made it much easier for my children to play the game. The favorite part for all the kids was the blue squeaker that was included as part of the game. I have had to make a rule that the squeaker can only be used as part of playing the game since the kids decided it would be great to use all over the house at all times and places. Snicker. Who knew?
"The Kinetic King, Tim Fort, has been attracting huge crowds to see his stick bomb creations for years. Now you can create your very own amazing Stick Storms™ that explode in the air. Stick Storm™ Cobra Strike includes awesome tips and tricks from the Kinetic King himself. Stick Storm is for slightly older children teaching them about kinetic energy, science and helping out with their creative side."
I found Stick Storm to be initially very overwhelming. Upon opening the box, the sheer number of pieces was shocking. However, once I read the directions and started working with the game, I figured it out and we really enjoyed building (and destroying) our lines of sticks. The kids loved the addition of the balloons, but we never managed to add them to our "storm".
This game also got used in other creative ways. Stick Storm is a game that could eventually get "used up" when you run out of sticks, balloons and things. But the hours of fun that come with it are definitely worth it! And, my kids loved wearing the safety glasses. It made them feel as if they were doing something "scientific", which they were! Lots of physics to discuss in this one, if you want to.
Whether you are looking for games to add to your classroom or just want some good family fun, Goliath Games has what you need. There are many other games to choose from, whether you are looking for kid's games, family games, travel games, and more. Check them out!
CONNECT! You can visit Goliath Games at http://www.goliathgames.us/page/sta/home . Also check them out on Facebook, Twitter, and YouTube.
BUY IT! Goliath Games are available on Amazon.com, Barnes & Noble, and other retailers. You can also find them Lakeshore Learning stores this fall (2013).
Wordsearch Junior is available from Amazon. Stick Storm Cobra Strike is also currently available from Amazon.
This product was provided free of charge in exchange for an honest review.
Goliath Games WordSearch Jr ($24.99) – 2 winners!
a Rafflecopter giveaway
Other Official Rules and Details: Winner will be emailed after the giveaway closes and also announced on this blog under the featured "Recent Giveaway Winners" section on the homepage of our blog-azine within a few days after the close of the giveaway. Winner will have 72 hours to respond to our email, or another winner will be drawn. We never share your email with third parties. Prize(s) will be mailed directly from the sponsoring brand. No purchase necessary. Erroneous entries (specifically those that did not follow the entry rules) will not be considered. Non-US resident winners may have to answer a series of simple questions in order to comply with international regulations on sweepstakes. To view our complete rules and regulations, please click here.
Disclaimer: The views and opinions expressed in this post are solely that of NoM, and are completely honest and without influence. NoM has chosen to host a giveaway for this product(s) because we think it would benefit our readers. NoM will not responsible for prizes that have not been received, but will make every attempt to assist winner(s) in securing them in a timely fashion. It is the winner's responsibility to make contact with NoM in a timely manner (within 30 days after the close of the giveaway) to report that a prize(s) has not been received or the prize(s) may be void. NoM may or may not be an affiliate of one or more products mentioned in this review, and by clicking on and/or purchasing products from a banner or link on this page, NoM may make a small commission at no cost to you. Click on the appropriate links to view our full policies, giveaway rules and disclaimers.


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OECS expresses abhorrence at Dominican Republic court ruling
BRADES: Following its meeting in Montserrat last Friday, the Organization of Eastern Caribbean States (OECS) Authority expressed its "collective abhorrence at the 23 September 2013 ruling of the constitutional court of the Dominican Republic that effectively renders stateless, thousands of men, women and children mostly of Haitian descent".
The Authority, in a communiqué, described the decision of the constitutional court as "repulsive and discriminatory".
"We deeply regret the failure of the government of the Dominican Republic to take corrective measures," the OECS members said. "Accordingly, we call on the Caribbean Community (CARICOM) of which our individual countries are also members, to suspend immediately any consideration of the application by the Dominican Republic for membership of CARICOM."
The member states of the OECS said they would find it extremely difficult to engage with the Dominican Republic in various fora including within the councils of the Caribbean Forum of African Caribbean and Pacific Group of States (CARIFORUM) until the ruling has been addressed.
The communiqué also said consideration ought to be accorded by the relevant authorities to the continued participation in the PetroCaribe Agreement of the Dominican Republic until a credible plan of corrective measures be elaborated for implementation in the shortest possible time by the government of the Dominican Republic regarding the issue at hand.
"We also call on other regional and hemispheric organizations such as the Community of Latin American and Caribbean States (CELAC) to speak out unequivocally in condemnation of this ruling. The individual and collective voices of all who believe in and are committed to human rights and justice for all must now be raised to urge the Dominican Republic to right this terrible wrong," the communiqué concluded.


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Leticia Del Mar Apartments Puerto Rico: Find photos, reviews, information, amenities and compare prices for 2 stars hotels in Puerto Rico, Spain.
Situated in Puerto Rico, Leticia Del Mar Apartments Puerto Rico is a short drive from Amadores and features a kids pool. It is conveniently located for those wishing to visit local attractions.
Hotel description
The property has 20 apartments and has been recently refurbished. Those staying at the property can also enjoy water activities, boating facilities and jet skiing.
The property's apartments are bright and offer a kitchenette and a private bathroom.
Apartamentos Leticia del Mar features both a restaurant and a bar where guests are able to relax at the end of the day. For those preferring to eat out, the local neighbourhood provides many bars and restaurants with a selection of varied cuisines.
Gran Canaria Airport is under a 35-minute drive from Leticia del Mar. Dunas de Maspalomas is within a short car ride from the property.
Hotel features
Restaurant, En suite, Private Bathroom
Swimming pool, Boating, Water Activities
Jet-Ski, Child Pool
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[UPDATED with Charges:] Michael Vito Urso, OC Homicide No. 26: Alexandre Louis Antal Held in Stabbing
See update No. 3 at end of this post about the murder charge against Alexandre Louis Antal .
See update No. 2 about Antal being arrested for the murder of Michael Vito Urso.
See update No. 1 about the victim's name being released.
ORIGINAL POST, JULY 17, 8:25 A.M.: Just after midnight, Huntington Beach Police received a call about a man who had been stabbed at an apartment in the 7800 block of Newman Avenue.
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He was taken to a local hospital, where he was pronounced dead.
Later in the morning, an "acquaintance" of the dead man was in custody.
Right now, the second man is considered a "person of interest" in the case, according to the Huntington Beach Police Department, which notes he was picked up at a different Surf City location around 3:45 a.m.
His name and that of the dead man are currently being withheld.
Anyone with information that can help homicide detectives is asked to call 714.536.5940.
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UPDATE NO. 1, JULY 17, 3:53 P.M.: The Orange County Sheriff's Department has revealed the fatally stabbed man was Michael Vito Urso, 32.
The so-called "person of interest" interviewed by Huntington Beach Police had fled from the scene, according to authorities.
No arrest has been reported.
UPDATE NO. 2, JULY 18, 1:57 P.M.: The Huntington Beach Police Department says it has arrested someone "well-acquainted" with 32-year-old Michael Vito Urso, who was found stabbed to death in his Surf City apartment just after midnight Tuesday.
He is Alexandre Louis Antal, 22 and also of Huntington Beach.
Police say they received a tip about Antal, who is likely the "person-of-interest" referred to in earlier posts as he was apprehended by Huntington Beach cops around 3:45 a.m. Tuesday on the Santa Ana River Bridge. Investigators believe they found the murder weapon nearby.
There are no other suspects, but investigators are still gathering information at 714.536.5940.
UPDATE NO. 3, JULY 18, 4:27 P.M.: Alexandre Louis Antal will be arraigned Thursday on charges he murdered his roommate, Michael Vito Urso, according to a statement from the Orange County District Attorney's office (OCDA).
They were playing video games after midnight Tuesday when Antal allegedly stabbed the 32-year-old with a knife and fled, according to the OCDA, which notes neighbors heard Urso's screams and called 9-1-1. He died at the scene.
The knife was recovered a few feet from Antal when he was confronted by Huntington Beach cops a little over three hours later on the Santa Ana River Bridge, the OCDA says.
The 22-year-old is charged with one felony count of murder with a sentencing enhancement for the personal use of a knife that could draw a maximum sentence of 26 years to life in state prison with a conviction. Antal is currently being held in lieu of $1 million bail.
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Cosmetic Plastic Surgeons in Coronado
You can choose a cosmetic plastic surgeon in Coronado from this list with confidence, knowing that he or she possesses exceptional training, outstanding credentials and experience with all areas of the face and body.
This list features only plastic surgeons in the city of Coronado. To widen your search, choose a nearby city from the list to the left, or click here to search by ZIP code.
|Surgeons highlighted below have purchased an Enhanced Practice Profile
|Personal Website
Ervin S. Wheeler, M.D., FACS9850 Genesee Ave. #130 La Jolla, CA Tel: Click for phone number858-452-1981
|11.91 Miles
Richard Chaffoo, MD, FACS, FICSWalsh Medical Building
25405 Hancock Ave, Suite 108 Murrieta, CA Tel: Click for phone number858-623-6333
|12.32 Miles
Stuart B. Kincaid, M.D., FACS8929 University Center Lane Suite 201 San Diego, CA Tel: Click for phone number858-450-4199
|12.96 Miles
M. Mark Mofid, M.D.4150 Regents Park Row Suite 300 La Jolla, CA Tel: Click for phone number858-909-9000
|13.09 Miles
Raluan G. Soltero, M.D.4510 Executive Drive Suite 105 San Diego, CA Tel: Click for phone number858-457-8686
|13.24 Miles
Alejandro J. Quiroz, M.D.Calle Mission De San Diego No. 1527-301 Zona Rio Tijuana, B.C., Mexico Tel: Click for phone number619.428.4803
|13.78 Miles
Richard Chaffoo, MD, FACS, FICS9850 Genesee Ave, Suite 480 La Jolla, CA Tel: Click for phone number858-623-6333
|13.85 Miles
Douglas Glynn Bolitho, MD, PhD, FACS9834 Genesee Ave., Ste. 311 La Jolla, CA Tel: Click for phone number858-458-5100
|13.91 Miles
Robert Singer, M.D., FACS9834 Genesee Avenue Suite 100 La Jolla, CA Tel: Click for phone number858-455-0290
|13.91 Miles
Scott R. Miller, M.D., FACSScripps Medical Office Bldg. 9834 Genesee Ave., Suite 210 La Jolla, CA Tel: Click for phone number858-453-3133
|13.94 Miles
The surgeons listed above are members of The American Society for Aesthetic Plastic Surgery, licensed by the state of California and certified by The American Board of Plastic Surgery (ABPS).
Choose Your Plastic Surgeon Carefully
Remember, any licensed physician is legally allowed to advertise as a "cosmetic" surgeon, even if he or she has no formal surgical training. Your body is nothing to take chances with, so avoid the risk. Selecting a board-certified plastic surgeon from this list is your assurance that your doctor has the highest quality training and advanced surgical skills.
ABPS Certification and ASAPS Membership Matters
The ABPS is recognized by the American Board of Medical Specialties to certify doctors in the specialty of plastic surgery. Following medical school, ABPS-certified plastic surgeons must have completed a minimum of 5 years of surgical training, including an accredited plastic surgery residency program. Members of ASAPS must be in at least their third year of active practice following ABPS certification.


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101 Nanny Jobs Found
Part time in Home SItter/Nanny
Posted by Ana B. on 12/2/2016
- 24 miles away (Arlington, TX)
- $12–18/hr
- 1 child
Must be CPR Certified!!! We have an amazing active 16-month-old who is currently in early learners program for 5hrs 3 day's a week; however, our need for assistance is growing. The ideal candidate would have flexibility between 2pm & 6:30pm Mon/Wed/Fri and set availability for up to 6 to 8 hrs... More
After school to summer full time Nanny
Posted by Amy K. on 12/3/2016
- 20 miles away (Plano, TX)
- $15/hr
- 2 children
We are in search of a nanny for our 7 year old daughter and and 5 year old son for after school during the school year, 3 pm to as late as 7 pm. Some after hours as needed. Light housework (all things pertaining to the kids - kitchen clean up, kids' laundry, toy pick up, cooking, etc). Desire to... More
Posted by Sandra B. on 12/3/2016
- 13 miles away (Dallas, TX)
- $50/hr
- 1 child
My younger sister need a helping hands in her home for some basic errands. She just need a friend in the area to help in errands such as groceries shoppings and DOCTOR appointments this is not just a JOB but to create a influential benefit to someone personal life, salary is $500 hundred a week and... More
Posted by Tina D. on 12/3/2016
- Less than a mile (Dallas, TX)
- $35/hr
- 1 child
Seeking for a good,caring and good person to take care of my sweet sister in her home.....3 hours a day and 3 days a week… This is a way to make an impact in someone life by providing balance to their own schedule, health and well-being such as groceries shopping and taking her to DR appointments... More
House Manager/Nanny 5 year old Pre K Twins...
Posted by Denise H. on 12/3/2016
- 25 miles away (Lewisville, TX)
- $12/hr
- 2 children
Hi I have Boy/Girl twins who just turned 5. They are in PreK M, W, F from 9-1. I am a engaged and have been a single mom since the twins were not even a year. They are sweet, fun and smart. I will need someone with reliable transportation, Mature, clean motor and background check. I will also... More
after-school sitter
Posted by Ash D. on 12/2/2016
- 21 miles away (Plano, TX)
- $10/hr
- 2 children
Looking for a sitter/nanny to watch my two kids(4 month and 2.5 year old) girls for a couple of hours during the week(mon through Friday). Please email me your experience and salary expectations.
Nanny for two boys - Preschool and 1st...
Posted by Kristy W. on 12/2/2016
- 5 miles away (Dallas, TX)
- $12–15/hr
- 2 children
We have two amazing boys - ages 7 and 3 - and we are looking for someone to pick them up daily from school, transport to various events/activities, help with homework, make afternoon snack, start dinner and generally take care of kid-related things in house. We are really looking for a responsible... More
Seeking Nanny for Toddler
Posted by Mitesh V. on 12/2/2016
- 23 miles away (Allen, TX)
- $15/hr
- 1 child
We are looking for a nanny for our toddler (22 months old) for 2-3 weekdays each week. The weekly days will vary depending on mine and my wife's work schedules, but in general will be 9 am - 4 pm between 2 and 3 workdays each week. We have 2 small puppies, very friendly with the baby and... More
Part time nanny needed bilingual preferred...
Posted by Holly S. on 11/29/2016
- 24 miles away (Mansfield, TX)
- $10–20/hr
- 1 child
We are looking for someone to take care of our 1 year old part time. My husband and I have rotating schedules and need someone who is flexible. We typically know in advance when oir schedules but there may be rare cases when we need someone in a pinch but never at night. We have a large dog so must... More
After school/Tutor
Posted by Maria T. on 11/30/2016
- 15 miles away (Dallas, TX)
- $100–150/week
- 1 child
Need someone to pick up kids from school, take home and help with homework. Only will need to heat up dinner and give to kids. On tues n Thursday will need to take kids to martial arts. Prefer a college student going to school to be a teacher. But, willing to accept other candidates that are... More
Tues, Wed,and Fridays needed.
Posted by Julie M. on 11/30/2016
- 25 miles away (Lewisville, TX)
- $10/hr
- 2 children
I am needing a dependable sitter with a car to watch my 1 year old and 4 year old 3 days a week. I am willing to pay $300 for the week. Light housework is needed and children will need breakfast, lunch, and a snack in your care. No smokers please. And must have own car. We do not have pets. We are... More
Full time nanny needed for 2.3 year old...
Posted by Shruthi S. on 11/30/2016
- 13 miles away (Irving, TX)
- $10–13/hr
- 2 children
Looking for Montessori experienced(preferred) who can help boys to stick to schedule, potty train and sleep train. Would like to follow Montessori curriculum, teach art, crafts, alphabets and numbers and also encourage to speak and play Need one who can drive to home herself and have... More
Preschool Toddler
Posted by Nurenia S. on 11/30/2016
- 14 miles away (Garland, TX)
- $85/week
- 3 children
I work for the courts and need to be at work at 730am-4pm M-F. I have a total of 3 children. Two take a 7am bus from Arbor Creek and Oakbend in Garland (Centerville and Firewheel area). They attend Sewell ELE in Sachse. They stay at school for the duration of the day. The last child attends... More
Nanny Inquiry
Posted by Kristen G. on 11/30/2016
- 11 miles away (Dallas, TX)
- $10–15/hr
- 1 child
We are having our first child in February and looking for a nanny to help during the working hours. This is for a newborn and will likely want someone for a 1 year duration. Would like someone with experience and safety training. Prefer someone bilingual to teach the child and also do errands... More
Full Time Nanny
Posted by Dl H. on 11/30/2016
- 23 miles away (Flower Mound, TX)
- $12/hr
- 1 child
Full time Nanny for a toddler. Light housekeeping and cooking. Pick up from preschool 3 times per week.


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Pack scrimmage highlighted by strong defense early, offensive surge late
Silver and Blue Spring Game set for April 25
Fajardo leads Blue to 12-10 win over Silver in Spring Game
Mayes has strong performance for Silver.
Fajardo Shines as Blue Tops Silver in Spring Game
Great crowd on a beautiful day at Mackay Stadium
Senior (2016): Will enter his senior season as a key member of Nevada's special teams unit.
Junior (2015): Saw action in four games during the regular season … Contributed on special teams against UC Davis, Buffalo, UNLV and Utah State … Posted one tackle on the season at Utah State … Letter winner.
Sophomore (2014): Saw action in 10 games on the season ... Was a key contributor on special teams.
Redshirt Freshman (2013): Saw action in three games as a redshirt-freshman ... Registered one tackle.
Freshman (2012): Joined the team as a true freshman and redshirted his first season at Nevada.
High School
A graduate of Sonora (Calif.) High School ... Was the All-Area MVP as a senior while earning first-team All-District honors ... Named first-team all-league on both offense and defense ... Named first-team All-Area as a junior while earning second-team all-league honors ... Named school's Most Outstanding Athlete as a senior ... Participated in the Rotary Interact Club ... Also played baseball.
Born Nolan Carl Dambacher on Feb. 10, 1994 ... Son of Laurel and Michael Dambacher ... Has an older brother, Evan, a younger sister, Leah, and a younger brother, Mason ... Father played football at Fresno State ... Grandfather Don Dambacher played football at San Jose State and grandfather Dick Pland played football at Cal ... Is a pre-business major ... Sports heroes are Steve Young and Patrick Willis ... Enjoys fishing and being in the outdoors.


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Blandford Small Building Works
stone masonry, Building Restoration, Masonry Conractor
Blandford Small Building Works is your masonry contractor in Christchurch, Dorset. With years of masonry experience and training, we are the ideal choice for a range of expert building services. We do the best possible work on your property, including heritage masonry, masonry repairs, ceramic and decorative brickwork, property maintenance, camber, Florentine arches & masonry remedial works. Masonry repair can cover anything from repainting a wall to chimney repair. We're available to work on period properties, new builds and everything in between! The expert building services from we can help to improve any home.
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Having unnecessary fat in different locations of your body can have a substantial impact on your health and self-esteem. While traditional weight-loss through exercise and diet plan is a great way to slim down overall, even the very best exercises can't target issue locations like the tummy, inner thighs, arms, and buttocks. Liposuction is a time checked treatment that is used to eliminate excess fat from particular areas of the body, allowing a specific to shape and contour their body to their taste. Is liposuction right for you? Discover now.
Pros of Liposuction
There are lots of benefits to this cosmetic procedure, including:
• Immediately noticeable modifications. Unlike standard weight-loss, liposuction creates changes that are right away visible in the body. Some distinction is visible immediately, and the wanted results are usually achieved in simply a few days.
• Proven and safe. This cosmetic treatment has been performed by skilled surgeons all over the world for many years and the method has actually been improved over and once again to be safe and efficient.
• Recovery time is generally quick. The downtime needed after having this type of treatment is typically much less than exactly what is required for other kinds of cosmetic treatments, including tummy tucks, breast reduction, and more. People who have had the procedure can often return to work far more quickly than they expected and can return to living a healthy, active way of life.
• Weight-loss can be long-term. With the best upkeep strategies, the fat that was gotten rid of throughout the liposuction treatment will not return.
• Complete control over your physique. With liposuction, an individual can have complete control over how they want to look, beyond what standard diet plan and exercise can offer. Giving individuals this power over their bodies increases self-esteem and aid individuals feel their very best.
While there countless benefits to liposuction, there are naturally a couple of caveats that need to be taken into account prior to making the final decision to move forward with the procedure.
Cons of Liposuction
Prior to having liposuction done, it's important to examine the possible downsides of the procedure and identify if the advantages surpass the dangers in your certain case. Your cosmetic surgeon can help you find out more about the threats related to the treatment and can assist you decide if moving on is the ideal thing for you.
• Complications with basic anesthesia. Since liposuction is performed under basic anesthesia, the treatment carries the same dangers as other type of surgery where general anesthesia is utilized. Hidden medical conditions may enhance these risks.
• Adverse responses. Bruising, bleeding, and discomfort are all to be anticipated, however, in rare cases can trigger more significant problems.
• The prospective to get the weight back. After having liposuction done, it is crucial to keep a healthy diet plan and exercise effectively as advised by your doctor. Failure to do so might cause acquiring back the weight that was lost or potentially a lot more.
There are threats associated with liposuction, for lots of individuals, the benefits far outweigh them. Educate yourself about the treatment by having extensive conversations with your cosmetic surgeon and think about how liposuction has the prospective to impact you as a distinct individual. Just you and your cosmetic surgeon can figure out if liposuction will offer you with the results you are trying to find within your expectations.
Laser Liposuction procedure is a new non invasive procedure to loose unwanted bodyfat in Columbus Georgia
Laser liposuction is a newer, minimally invasive treatment that includes heating the fat cells to melting point and removing the melted fat through a small cannula. The treatment is typically done right in your doctor's office and is an outstanding option for people who have less than 500 ml of fat to remove from any one area. Laser liposuction can be a safe, complementary procedure to weight reduction in order to shape the body you've always wanted.
Contact a Specialist in your Columbus Georgia today.
If you're thinking about liposuction as a weight reduction solution, it is very important that you discuss your desires with a certified plastic surgeon in your area. Your specialist will perform a complete examination and health history questionnaire to figure out if liposuction can benefit you and assist you reach your physical and emotional goals. Call today for an examination and find out more about how liposuction can help you attain the body of your dreams.