before the federa trae commission office of … · galaxy16, 99 degrees west (formerly galaxy4r) on...

18
UNITED STATES OF AMlUCA BEFORE THE FEDERA TRAE COMMISSION OFFICE OF ADMINSTRATI LAW JUGES ) In the Matter of ) ) DANL CHATER ONE, ) a corporation, and ) ) Docket No. 9329 JAMS FEIJD, ) individualy, and as an officer of Public Document ) Daniel Chapter One. ) ) ) COMPLAIT COUNSEL AN RESPONDENTS' MOTION AN STIPULATION REGARING SUBSTITUTION OF CX 32 On April 2, 2009, Complait Counel and counel for Respondents agreed -pending ths Cour's approval- to modif ex 32 (prited Web page from Accent Radio Network) to add additional prited pages from Accent Radio Network's web site to make the exhbit more complete. The paries hereby fie ths joint Motion such that if the Cour finds good cause and so orders, the parties wil substitute the pages attached hereto as Ex. 1 (FTC-DCO 2950 - FTC-DCa 2962) for the current version ofCX 32 (FTC-DCO 0498). Respectflly submitted: Dated: ¥ß('1 Leonard L. Gordo (212) 607-2801 Theodore Zang, Jr. (212) 607-2816 Carole A. Paynter (212) 607-2813 David W. Dulabon (212) 607-2814 Federal Trade Commission Alexander Hamilton U.S. Custom House One Bowling Green, Suite 318 New York, NY 10004

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Page 1: BEFORE THE FEDERA TRAE COMMISSION OFFICE OF … · Galaxy16, 99 degrees West (formerly Galaxy4R) on ComStream dIgItal (horiontal polarIty). Satellte Galaxy16 Is located diretly between

UNITED STATES OF AMlUCA BEFORE THE FEDERA TRAE COMMISSION OFFICE OF ADMINSTRATI LAW JUGES

)In the Matter of )

)DANL CHATER ONE, )a corporation, and )

) Docket No. 9329 JAMS FEIJD, )individualy, and as an officer of Public Document)Daniel Chapter One. )

) )

COMPLAIT COUNSEL AN RESPONDENTS' MOTION AN STIPULATION REGARING SUBSTITUTION OF CX 32

On April 2, 2009, Complait Counel and counel for Respondents agreed -pending ths

Cour's approval- to modif ex 32 (prited Web page from Accent Radio Network) to add additional

prited pages from Accent Radio Network's web site to make the exhbit more complete. The paries

hereby fie ths joint Motion such that if the Cour finds good cause and so orders, the parties wil

substitute the pages attached hereto as Ex. 1 (FTC-DCO 2950 - FTC-DCa 2962) for the current

version ofCX 32 (FTC-DCO 0498).

Respectflly submitted:

Dated: ¥ß('1 Leonard L. Gordo (212) 607-2801 Theodore Zang, Jr. (212) 607-2816 Carole A. Paynter (212) 607-2813 David W. Dulabon (212) 607-2814 Federal Trade Commission Alexander Hamilton U.S. Custom House One Bowling Green, Suite 318 New York, NY 10004

Page 2: BEFORE THE FEDERA TRAE COMMISSION OFFICE OF … · Galaxy16, 99 degrees West (formerly Galaxy4R) on ComStream dIgItal (horiontal polarIty). Satellte Galaxy16 Is located diretly between

~Omplai co. ile/

. Sl~Dated: Lf/3lO I J es S. Turer, Esq.

Swan & Turer 1400 16lh StreetNW, Suite 101 Washigton, DC 20036

Counsel for Respondents

-2­

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EXHIBIT i

Page 4: BEFORE THE FEDERA TRAE COMMISSION OFFICE OF … · Galaxy16, 99 degrees West (formerly Galaxy4R) on ComStream dIgItal (horiontal polarIty). Satellte Galaxy16 Is located diretly between

- -Daniel Chapter One Jim and Trlc/a Feljo

12pm-2pm ET)e l1Sign up for the E-

Newsletter

Straight Talk Jerr Hughes 2pm-Spm ET~mI Jerry's Blog

The National Intel Report

John Stadtmiler Spm-7pm ET

The Flip Side Robby Noel 7pm-Bpm ET

first Word Radio Lou Epton

&.

RC Anderson lOpm-12pm ET

DayBreak USA Sam -7am ET

AmerIcan Sunrise Wyatt Cox 7am-Bam ET

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¡.~--~ ,'Ill ' j ,,' , ,~ ~.. ¡ ... i .., ~. ~t 1--.. '.l'~~;' STIGbT,'Uik~

c :l~- " 'i i, ~'. -: 'rViihJerrýHuglcs.~~=-~::~~~~ ~ ¿:-.~ 'f f h~ _" '~ ~.:~_ ~l .,: ~i i ¡::__. ..' :;~~;~~'ii ~ . jH:E'L~iIml~4 ,~tITEL- REPO'RT. ~ \~?'.\.

~--\:" ~r....al -:.', MrWAVThrough.RUDAY-, '~,~ /~;.:::~~,\ ~ L i V E ! fi THE,:~',' ' 'c', f'':~êlÌ ..: ' : _'''~~:-~:Ei REPUBliC. EROADCASTIlG IIEl'QRK '. f¥~~~fffiii(:,j-..,~-..~ .~

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About us I Homel.Q

SHOW CDs!order online. . . ~ !,ret

""t"''-' :.~' u:O,.-,-, ,~~-- .­._" ..."'- ­~~/- t--",.'V'. '" ~'ilACcEnt Is on a new sateiiíte!

Only $ for comv1otll tldal¡ ii~lhty reol

FTC-DCO 2950 c.'t 3 i.

Page 5: BEFORE THE FEDERA TRAE COMMISSION OFFICE OF … · Galaxy16, 99 degrees West (formerly Galaxy4R) on ComStream dIgItal (horiontal polarIty). Satellte Galaxy16 Is located diretly between

Libert Roundtable Sum Busbmun, Culoo Bo\\'co,

Curt Crasb)"

. 9am-l1am ET"::.. "

The Derry Brownfield Show

Derry Brownfield

l1am-12n ET

Watch a Got? Harr L RInker

Sat 7am-9am ET

Home ll Garden Radio Michael Crose

Sat 9am-10am ET

TechWatch Radio Wil. Sam, Jav

Sat lOam-Ham ET

)e Em

Real Estate In Focus Sam Bushman

Sat llam-12pm ET

Ämm

Eagle Forum Live PhVlls Schlafly

Sat 12n-lpm ET

Uve Fire Larr Pratt

Sat Ipm-2pm ET

Gary B. Duglln Talks with the Stars Gary B. Duglln

Sat 2pm-3pm ET

~'. :::=--=.::.:-Ë-i ~ -- ~ It :' ~ ~ ~ t ~­Ife6."'âl:cli R_diQ.Wíth~ê.m8üshman &:J?y Harr!.0n g , i

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i'~:E.~~~~~N f-~~~:'.'H"...~-~....: wiSamBushman?:.." ...0 n r. '- R.. l "'I~ .

ml bluehost--- ~-----_. _. _.. l'IIJI.lilunliosl.com

. ,..., ';JJ\f~, Flr~,1Mi,th~ ,L~.rry' Pr~.tf ". The.only:'no-omprorrlse

,9ui;liQ,~~y,lti W~s,lJihgt.():n

FTC-DCO 2951

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Wyatt's Favorite Radio Wyatt Cox

Sat 3p.m-4pm ET~

We Sent Brent Brent Ogle

Sat 4pm-5pm ET

)e

Home Talk USA Michael King

Sat spm-;pm ET~ Conceived in Libert

Jerr Hughes Sat 7l1m-Bpm ET

)e mJ .Jerry's Blog

The Dave Champion Show

Dave Champion Sat Bpm-10pm ET

)e

:Fe Political cesspool James Edwards

Sat 10pm-12am ET

Sunday Accents All-day Sunday

W tt' 1G °t - R il c'. . ,""._ . ~ " _ ~ . . _ _ I. ~. .. . ., Xa s.LaVOri e' a 0"-:,.'"" ;'"'.",,;.:.;'~ ";,~~. ' "".' - '- ". ",..' ""wiil\\Tvutt Cox'. ,. ,--'" '-C' ,,­

;::;~tr~~$~~~1?~~~~~~j¡;iti~~

Home ~, .. WfM, I.C' h' "O'p' :I'KI" :.og' 'TALK.~USA,., ' j ,iHE'CAUN.:,CO~R,'.. ..... ... . -. .

~ \1 "':Uoßcclucb in

.. "" ,q 1n ~Jíll1trtB

¡fF¡ iImil Ii1wfrc:: ~

iW, ..,.'_.~'"

-, 'POLITCAl CESSPOOL" ~., RAIO PROGRAM

(ÇCopyrlght 2000-2009 - Accent Radio Network, All RIghts Reserved

FTC-DCO 2952

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TaU free talk show call in line number: 866-222-2368 866-2-ACCENT

Network Fax line: 810-592-8294

(Please do not fax press releases, emall them using the form-mall below)

Network Mailng address: Accent RadIo Network

PO Box 155 McAlpIn, FL 32062

General Manager Jay Harnson

Phone: 386-776-2009

Engineering Donald Morse

Phone: 386-776-2009 (After Hours) 386-688-9018

Engineering Emergencies (for Radio Station use only) Cellular phone: 386-590-4334

E-mail ARN Name I. ,.,....__..____.., .,....,..__.__...)

E-Mail f__ _..__....____.__'.... "'" ._n

Subject ¡

Message:.:':'::~'':;-..:

i r­

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L...,.. ....,.-'__,__, .' .~"."------­I ,;s,~Q~,II' q~ff.rJ

19Copyrlght 2000-2008 - Accent Radio Network, All Rights Reserved

FTC-Dce 2953

Page 8: BEFORE THE FEDERA TRAE COMMISSION OFFICE OF … · Galaxy16, 99 degrees West (formerly Galaxy4R) on ComStream dIgItal (horiontal polarIty). Satellte Galaxy16 Is located diretly between

Accent Radio Network was born in the summer of :lOOO. Jim Feijo of Daniel Chapter One founded the network It was brought

about for the purpose of promoting a God-centered view of health and healing. Through their radio show, Daniel Chapter One HealtbWatch, Jim and Trkia Feijo have helped thousands of people get back to God's plan for health, diectly from His word. They were equally concerned with exposing the deceptions of Satan in the FDA and Pharmaceutica drg companies. Afer

aiing their show on a couple of dirent networks, Jim and Tricia thought it would be best to put together thei own network. Ths sounded lik a great idea, but how would they go about gettg it done? Afer much prayer and thought, they

caed Jay Harrison who had produced their show at another network. Immediately Jay got to work on buidig a network capable of airing their message of hope nationally. .

Though Daniel Chapter One is our main focus, we've also added shows over the years that provide information on what's happening in our world frm a conservative political perspective. Our program line-up is very diverse. Our show content consists of health info, currnt events, old-tie radio, and more. We at AR are concerned with magnifng Jesus Chri, and we strve to follow His leadership and diection in our jobs as well as our personal lives. It excites us to see Him actively working to make our network what He wants it to be, which is what we desire. We want to make it clear that whatever changes are made in the future of AR wil be brought about by God alone. We hope sttions that share a similar philosophy to ours will join AR and help bring back the correct focu in our nation.

Is)Copyrlght 2000-2007 - Accent Radio Network, All Rights Reserved

About us I Home I Contact

FTC-Dca 2954

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About us I Home I Contact

'Accent Radio Network Satellte Information:

ARN currently broadcasts on:

Galaxy25, 97 degrees West (formery Intelsat 5; formerly Talstar 5; formerly Telstar 401) on Free To Air, DVB digItal (horIzontal polarity). Satellte Galaxy25 Is located directl between Galaxy 3C (at 95 degrees West) and Galaxy 16 (formerly Galaxv G4R, at 99 degrees West). To receive ARN programming on Galaxy25, we recommend an FTA ova satellte dish package, available at www.ARNDlsh.com. You can also find more Information there, and the folks at SplrltCast wil do tech support and help you- get your system pointed too.

Galaxy16, 99 degrees West (formerly Galaxy4R) on ComStream dIgItal (horiontal polarIty). Satellte Galaxy16 Is located diretly between AMC4 (formerly Spacenet 4, at 101a West) and Telstar 5 (formerly Telstar 401, at 97 degrees West). To receIve ARN ,programming on Galaxy16, we recommend at leat a 10 foot C-band satellte dIsh wit a phase lock loop LNB In the feed horn of the dIsh. (We strongly recommend the California Amp PLL LNB's (model :f: 140194; vIew Image), which cost around $300). l1e receiver you need to pick up the

Accent RadIo Network on Galaxy6 Is the ComStream ABR202 (or ABR200). For more Information on how to add ARN's channel to a new or exIstng receiver, olease click HERE for our instructions oaae. For a chart of the spring and fall solar outages, please c1lck.l.

~~I~~i rLL Will

GALAY 16 Horizontal Beam: C~Band

No Contracts - No Affdavits:

Our programming Is available at no charge (on a barter basIs) to affliate. We don't ask for restrictive or complicated affdavIts from our affiliates, nor do we try to contract stations Into long commitments. Stations can pIck up as much of ARN's programming as they'd I1ke. All we ask Is that stations call (866-JOIN-ARN) or eill right away and let us know what shows you are carrying, so that we can add you to our affliate list.

Accent Radio Network Program Schedule:

FTC~DCO 2955

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Easlen! Time Monday - Fridav Saturday. Sunday

12 mid Daniel CJiapter Oiie Daniel Chapter Oiie Sunday Accents

non-cOlnnercinl

1 am Daniel Chapter One DalZiel Chapter Ollt! Sunday Accents non-commercial

2am StraigJit Talk Straight Talk Sunday Accents non-commercial

3am Straight Talk Straiglit Talk Sunday Accents non-commercial

4am Straiglit Talk Straiglit Talk Sunday Accents nOI1-commercial

Sam DayBreak USA (clock)

Tec/i WatcJi Radio Sunday Accents non-commercal

6 am DayBreak USA (Clock)

Real Estate In Focus Sunday Accents non-commercial

7am American Sunrise with Wyatt Cox (clock)

Whntchn Got?(gg

Sunday Accents non-commrciul

8am Liberty Roundtable~ Whatcha Got?Cd

Sunday Accents non-commercial

9am Liberty Roundtable(£ Home & Garden Radio WIOL Midi Crose

Sunday Accents non-conunercal

(Scnnon Wit Piior O\IiC1¡Jloldwjn)

lOam Libertv RoundtableCd

TecbWatch Radio ",Iih by ßonson &. Sum Bushm

Sunday Accents non-commercial

11 am The Derry Brownfield

~ (clock) Real Estate In Focus

with Sam Bushman Sunday Accents

non-commercial'

12 noon Daniel Chapter One with Jim & Tricia Feijo

Eagle Forum Live with Phylls Schlaflv

Sunday Accents non-commercial

lpm Daniel Chapter One with Jim & Tricia Feiio

Live Fire with Lam Pratt (c1ockl

Sunday Accents non-commercial

2pm Straight Talk with Jerr Hue:hes

Gary B. Duglin Talk With The Slars (Clock)

Sunday Accents non.commercial

3pm

4pm

Straight Talk with Jerr HUJ!hes

Straight Tal with Jerr Hul!hes

Wyatt's Favorite Radio(ç We Sent Brent

with Brent Ogle

Sunday Accents non-conunercia I

Sunday Accents non-coinmercial

Spm The National Intel Reiiort

HomeTalk USA with Michael King (c1i:k)

Sunday Accents l1on-commercial

6pm The National Intel Renort

HomeTalk USA with Michael Kig (clock)

Sunday Accents non-commercial

7pm The Flip- Side Conceived In Liberty with Jerr Hul!lies (Clokl

Sunday Accents non-commercial

8pm Libert Roiindtable The Dave Chamiiion

Show (Clock) Sunday Accents

Don-commercial

9pm Iiert Rouiidtable The Daye Chamiiion

Show (Clock) Sunday Accents

non-commercia I

lOpm First Word Radio The Political Cessp-ool Willi Jiimcs Edwiiril

Sunday Accents non-conunercial

11 pm First Word Radio . The Poliical Cessiiool with JDmes EdllDnI

Sunday Accents non-commercial

Key:

Live Refeed

Accent Radio Network has added the following features to our regular programming:

Time (ET Feature 12:30a-12:32a Common Sense wim Paul Jacobs

1:30a-I:32a Home School Hearbeat 2:30a-2:32a Family News In Focus 2B 4:30a-4:32a Libert Counsel wim Mamew Staver

FTC-Dca 2956

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6:30a-6:32a 9:14a-9:17a

10:30a-10:32a 12:30p-12:32p

1:30p-l:32p 2:3Op-2:32p 2:32p-2:33p 3:32p-3:33p 4:30p-4:32p 4:32p-4:33p 5:20p-5:23p 6:30p-6:32p

10:3Op1O:32p local break

Saturdays 10:50a-l0:52a

Famly News In Focus 2C The Phylls Schlafy Report Family News In Focus 2A Common Sense with Paul Jacobs Home School Heartbeat Family News hi Focus 2B IR Business Report

IR Business Report

Home School Heartbeat IR Business Report

The Phylls Schlafly Report Family News In Focus 2C Fanly News In Focus 2A

Ask A Bilionaire

Science iid the Sen

AR Network Clock:

Accent Radio Network provides 13 minutes of local avails per hour to radio stations.

Accent Radio Network does not use sub-audible cue tones to affliated stations. This is an antiquated way of signaling networked stations for commercial breaks, which was derived in the past when it was next to impossible for the network and radio station to be on the same time. Now, thanks to the avaiabilty of low cost GPS satellte linked master clocks. it is very easy and affordable for networks and stations to be precisely time

FTC-Dca 2957

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synced together.

We recommend the ESE line of master clocks - such as the ES-l 0 1 which is available for $959 through BSW. Or the new, affordable GPS master clock made by Broadcast Tools - the TimeSvnc Plus, which is available for $349 through BSW.

For more Ùifonnation, or to affliate with Accent Radio Network, please call (toll free) 866-JOlN-AR, or go to oiir Contact Us page aiid send us an emaili'ia theform there.

'(9opyrlght 2000-2009 - Accent Radio Network, All Rights Reserved

FTC-DCO 2958

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About us I Home I Contact

Put your money where OU r mouth is! Where are your advertisIng dollars going? Do you even have an advertising budget? If you don't have mone for advertising then there's a flaw In your plan. Your business depends on smart planning In every

step, not just location and an attractive storefront. Why is advèrtlslng so important? Because less people than you think know you're even there. Yep, that's a harsh reality that our egos don't want to face up to most of the time. But here's a solution. Radio worksl Out of all media radio Is by far the least expensive, and also the most effective. Radio Is Intrusive and It's

everywhere! Most households have several radIos. That's a lot of potential dollars out there just waiting for your message and your story. Put your money where our mouth Is: Accent Radio Network! We can do

local market or you want to hit the big time.It for you whether you're In a small

To advertise nationally on the Accent Radio Network, please email our sales department.

Rates reßect ARN's current affliate base, and. are subject to Increase with the addition of new affliates to th network. However, If you are ii current i1dvertser, you WILL be '"gtandfathered In" at your current rate, for as long as you continue adversing. Our rites wil never go up for a current advertser.

Here is our current rate sheet: 10 spot runs between 7am-7pm ET (with bonus overnight runs): $300 20 spot runs between 7am-7pm ET (with bonus overnight runs): $540 30 spot runs between 7am-7pm ET (with bonus overnight runs): $765

50 spot runs between 7am-7pm ET (with bonus overnight runs): $1,200 100 spot runs between 7am-7pm ET(wlth bonus overnight runs): $2,250

Packages:

One Month-run with ARN

Guaranteed 225+ spot runs between 7am-7pm ET (with bonus overnight runs): $4,275

One Quarter (3 months) run with ARN Guaranteed 675+ spot runs between 7am-7pm ET (with bonus overnight runs): $11,542

One Year run wIth ARN Guaranteed 2700+ spot runs between 7am-7pm ET (with bonus overnIght runs): $39,550

a advertise locally on seiect affilates, please emall our sales department using the form below. Please Include your contact Information and the market(s) you wIsh to advertise In. For out current affliate list, please click here.

AdvertiSing Limitations

We wil not accept advertising From the following product/services: PhÐrmaceutlcal drugs, Direct alcohol saleslmentlons, I.e. "happy hours"llIquor store (obviously, restaufints are nne); Gay-rights; Gambling;

parlors; Planned parenthoodl"safe-sex"/condom-sales & promotions; "Adult" bookstore or similar "Adult" themes (I.e. "exotic" dancing); Subjei . "mystic" nature (lndudlng palm-readers, New Age &;or non-trdItional rellglon/rellglous services, tarot card, psychIc hotJnes, witches, warlocks, e .anythlng "satanIc" or blasphemous. We reserve the right to expand thIs list without notice. This stance Is not meant to pass judgment on peoi practice or endorse these things. but fither to set parameters for our own personal convictions... we appredate your undersndIng.

OCopyrlght 2000-200& - Accent Rildlo Network, All Rights Reserved

FTC-DCO 2959

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Hahira

Radio Stations Info Call Sign Frequency Location æ iš KCXL 1140 AM Libert (KSC), MO

CD 1m KHQN 1480 AM Spanish Fork (Provo), UT CD mJ KLID 1340 AM Poplar Bluff, MO CD ië KNAK ~ 540 AM Delta, UT

CD mi KOHl 1600 AM St. Helens, OR CD 1m KXKS 1190 AM Albuquerque, NM WEl WARL 1320 AM Providence, RI

CD f§ WHBS 1400 AM Moultrie, GA CD 1m WKHB 620 AM Greensburg (Pittburgh), PA

æ f& WLBE 790 AM Leesburg, FL

æ i; WLMR 1450 AM Chattanooga, TN æ Ii WIGO 1570 AM Morrow, GA

CD m WTHV aia AM Hahira (Valdosta), GA CD il WVTJ 610 AM Pensacola, FL

CD i1 WWAB 1330 AM Lakeland, FL

CD mi WELS 1010 AM Kinston, NC mm! WFDR 1370 AM Manchester, GA (i l¡ KCWJ 1330 AM Blue Springs, MO

(i g¡ WBAF 1090 AM Barnesvile, GA

Network Affiliates republicbroadcasting.org

Internet Radio Affilates TTruthnetradio

Realtruth.biz The .Tourney Christian Radio

The Information Corner areasp-ecialevents.com

P1S LPAM Broadcasters Dewbel'ry.TamCoDlIuuityRadio -1670AM

. StopAndGoRadio - 1630 AM - Napervile. n. ivlicro1650nm- 1650 AM - Tonawanda, l'ew York

(9Copyrlght 2000-2009 - Accent Radio Network, All Rights Reserved

FTC-DCO 2960

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--- ------

A!!l I ~ I Con!;çt

~lIck Here to connect to our Windows Media stream. ::lick Here to connect to our SHOUTcast stream, try this LInk If the first does not work

¡he Internet audIo stream for the Accent Radio Network Is a SHOUTcast format. We recommend the Installation )f one of the following Internet audIo players to listen to the stream:

tECOMMENDED: IIdeoLAN :- VLC m~dia player. & Iii

iECONDARY: i~ 11 ft W. A 1M audio player.

,:¡~r~~~::~-¡j- ..i-P!~- ~- _. - ~.- --- _.. ãi ~ n-wuri !9 re i: ;'

t's available to download from our slte by dlcklng here or by going to NullsoFts WinAmp-Tl download p-agg.

l£Copyrlght 2000-2008 - Accent Radio Network, All RIghts Reserved

FTC-DCO 2961

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~ (--l ~Need a Job? Accent Radio Network Is currently lookIng for honest,

qualified radio Sales people to represent the network and land natIonal accounts. 'CompensatIon Is commissIon based (up to 25%1) and flexible hours. Computer skills (MS-Offlce or OpenOffce, EmaJl, Internet)

and research skills are requIred. Great money potential! If you are Interested, send an e-mail.

i§Copyrlght 2000-2006 - Accent RadIo Network, All RIghts Reserved

FTC-DCO 2962

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UNITED STATES OF AMERICA BEFORE THE FEDERAL TRADE COMMISSION OFFICE OF ADMINISTRATIVE LAW JUDGES

In the Matter of ) )

DANIEL CHAPTER ONE, a corporation, and

) ) ) Docket No. 9329

JAMES FEIJO, individually, and as an officer of Daniel Chapter One

) ) ) )

Public Document

) )

(Proposed) ORDER GRANTING THE PARTIES' MOTION TO MODIFY CX 32

On April 6, 2009, the paries filed a motion to i-odify CX 32 by substituting FTC-DCa

0498 with FTC-DCO 2950 - FTC-Dca 2962.

IT is HEREBY ORDERED that the motion is GRANTED.

ORDERED: D. Michael Chappell Administrative Law Judge

Dated:

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that on April 6, 2009, I have filed and served COMPLAINT COUNSEL AND RESPONDENTS' MOTION AND STIPULATION REGRADING SUBSTITUTION OF CX 32 and Exhibit 1 thereto and (Proposed) ORDER GRATING THE PARTIES' MOTION TO MODIFY CX 32 upon the following as set forth below:

The original and one paper copy via overnight delivery and one electronic copy via email to:

Donald S. Clark, Secretary Federal Trade Commission 600 Pennsylvania Ave., N.W., Room H-159 Washington, DC 20580 E-mail: secretar~ftc.gov

Two paper copies via overnight delivery to:

The Honorable D. Michael Chappell Administrative Law Judge 600 Pennsylvania Ave., N.W., Room H-528 Washington, DC 20580

One electronic copy via email and one paper copy via overnight delivery to:

James S. Turer, Esq.

Betsy Lehrfeld, Esq. Marin Yerick, Esq. Swanin & Turer 1400 16th S1., N.W., Suite 101 Washington, D.C. 20036 iim~swankin-turner.com

One electronic copy via email to:

Michael McCormack, Esq. M.mccormack~mac.com

~ltComplaint Counsel