Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

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| In the Matter of                 | * | File No. EB-02-IH-0134       |
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| Results Radio Licensee, LLC      | ) | NAL/Acct. No. 200232080013   |
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| Licensee of Station KHRD(FM),    | * | FRN 0001-5424-55             |
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| Weaverville, California          | * | Facility ID \# 82720         |
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**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: June 11, 2002 Released: June 13, 2002**

By the Chief, Enforcement Bureau:

I. INTRODUCTION

1\. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
that Results Radio Licensee, LLC, ("Results") has apparently violated
Section 73.1206 of the Commission's rules[^1] by broadcasting a live
telephone conversation without first informing the party to the
conversation of its intention to do so. Based on our review of the facts
and circumstances in this case, we conclude that Results is apparently
liable for a forfeiture in the amount of three thousand two hundred
dollars (\$3,200).

II\. BACKGROUND

2\. On February 19, 2002, James T. Davison, an announcer on KRRX(FM),
Redding, California, submitted a complaint alleging that Station
KHRD(FM), Weaverville, California, violated Section 73.1206 of the
Commission's rules. Mr. Davison alleged that KHRD(FM)'s on-air
personality "Adamic" had a man visit his office with a cellular
telephone. When the phone was handed to Mr. Davison, he was immediately
engaged in the conversation with Adamic, and this conversation was
recorded and later broadcast by KHRD(FM). Mr. Davison included a tape of
the broadcast with his complaint. According to the complaint, Adamic
never informed Mr. Davison of KHRD(FM)'s intent to record or broadcast
their conversation.

3\. In response to a Commission letter of inquiry,[^2] Results Radio
Licensee, LLC, ("Results"), the licensee of KHRD(FM), admitted that
during the afternoon of February 14, 2002, KHRD(FM) did air the
conversation at issue once. Results admits that Adamic recorded the
telephone conversation and broadcast it on the air, yet did not inform
Mr. Davison of his intention to broadcast the conversation prior to its
airing.

4\. According to the licensee, Results places the highest priority on
their stations operating in full compliance with FCC and other legal
requirements. Results contends that it reminds its personnel about
compliance issues through a number of means, including frequent
management meetings. Results states that, since receipt of our letter of
inquiry, it has circulated a memorandum to the senior local managers
that plainly sets forth the scope of Section 73.1206, including the
requirement not to broadcast (or record for later broadcast) any
telephone conversation without first obtaining the explicit consent of
any other party to the conversation. Finally, Results states that it has
not received any FCC citation or admonishment since it went on the air
in 1999.

III\. DISCUSSION

III. 5\. Section 73.1206 of the Commission's rules provides that, before
     recording a telephone conversation for broadcast, or broadcasting
     such a conversation simultaneously with its occurrence, a licensee
     shall inform any party to the call of its intention to broadcast
     the conversation, except where such party is aware, or may be
     presumed to be aware from the circumstances of the conversation,
     that it is being or likely will be broadcast.[^3] The Commission
     has stated, "we believe that there is a legitimate expectation of
     privacy that telephone calls will not be broadcast without the
     consent of the parties involved." *In the Matter of Amendment of
     Section 1206: Broadcast of Telephone Conversations*, 3 FCC Rcd
     5461, 5463 (1988).

> 6\. In this case, we find that Results apparently violated Section
> 73.1206 of the Commission's rules

V.  by broadcasting Mr. Davison's conversation without giving him prior
    notice of its intent to broadcast such conversation.

7\. Section 503(b) of the Communications Act of 1934, as amended
("Act"),[^4] and Section 1.80(a) of the Commission's rules,[^5] each
provide that any person who willfully or repeatedly fails to comply with
the provisions of the Communications Act or the Commission's rules shall
be liable for a forfeiture penalty. For purposes of Section 503(b) of
the Communications Act, the term "willful" means that the violator knew
it was taking the action in question, irrespective of any intent to
violate the Commisson's rules. S*ee Southern California Broadcasting
Co.*, 6 FCC Rcd 4387, 4387-88 (1991).

8\. Based on the evidence before us, we find that Results broadcast a
conversation on February 14, 2002, in apparent willful violation of
Section 73.1206 of the Commission's rules. The Commission's Forfeiture
Policy Statement sets a base forfeiture of \$4,000 for the unauthorized
broadcast of a telephone conversation. In assessing a monetary
forfeiture, we take into account the statutory factors set forth in
Section 503(b)(2)(D) of the Act, 47 U.S.C. § 503(b)(2)(D). Those factors
include the nature, circumstances, extent and gravity of the violation,
and, with respect to the violator, the degree of culpability, any
history of prior offenses, ability to pay, and such other matters as
justice may require.[^6] *The Commission's Forfeiture Policy Statement
and Amendment of Section 1.80 of the Commission's Rules,* 12 FCC Rcd
17087 (1997). Taking into account Results' prior compliance record, we
find that a reduction in the base forfeiture amount is warranted. Based
upon these facts and considering all of the circumstances present here,
we find \$3,200 to be the appropriate proposed forfeiture amount.

9\. We commend Results' efforts to remind its management of the
obligations of Section 73.1206. However, Results' subsequent remedial
efforts do not alter the fact that the violation took place or justify
further mitigation or cancellation of the proposed forfeiture penalty.
*See Station KGVL, Inc.,* 42 FCC 2d 258, 259 (1973).

IV\. ORDERING CLAUSES

10\. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the
Communications Act of 1934, as amended, and Section 1.80 of the
Commission's rules,[^7] Results Radio Licensee, LLC, is hereby NOTIFIED
of its APPARENT LIABILITY FOR A FORFEITURE in the amount of three
thousand two hundred dollars (\$3,200) for violating Section 73.1206 of
the Commission's rules, which prohibits broadcasters from airing
telephone conversations without first informing the parties to such
conversations of their intention to do so.

11\. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the
Commission\'s rules,[^8] within thirty days of this NOTICE OF APPARENT
LIABILITY, Results Radio Licensee, LLC, SHALL PAY the full amount of the
proposed forfeiture or SHALL FILE a written statement seeking reduction
or cancellation of the proposed forfeiture.

12\. Payment of the forfeiture may be made by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to Forfeiture Collection Section, Finance Branch, Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois 60673-7482.
The payment MUST INCLUDE the FCC Registration number (FRN) referenced
above and also must note the NAL/Acct. No. referenced above.

13\. The response, if any, must be mailed to Charles W. Kelley, Chief,
Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12^th^ Street, S.W, Room 3-B443,
Washington, D.C. 20554 and MUST INCLUDE THE NAL/Acct. No. referenced
above.

14\. The Commission will not consider reducing or canceling a forfeiture
in response to a claim of inability to pay unless the respondent
submits: (1) federal tax returns for the most recent three-year period;
(2) financial statements prepared according to generally accepted
accounting practices ("GAAP"); or (3) some other reliable and objective
documentation that accurately reflects the respondent's current
financial status. Any claim of inability to pay must specifically
identify the basis for the claim by reference to the financial
documentation submitted.

15\. Requests for payment of the full amount of this Notice of Apparent
Liability under an installment plan should be sent to: Chief, Revenue
and Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.[^9]

16\. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT
LIABILITY shall be sent by Certified Mail Return Receipt Requested to
Jack W. Fritz II, President, Results Radio Licensee, LLC, 1355 N. Dutton
Avenue, Suite 225, Santa Rosa, CA 95401-7107 with a copy to counsel for
Results Radio Licensee, LLC, attn: William Fitz, Esquire, Covington &
Burling, 1201 Pennsylvania Avenue, N.W., Washington, D.C. 20004-2401.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

[^1]: 47 C.F.R. § 73.1206.

[^2]: Letter from Charles W. Kelley, Chief, Investigations and Hearings
    Division, Enforcement Bureau, to Results Radio Licensee, LLC, dated
    March 19, 2002.

[^3]: 47 C.F.R. § 73.1206.

[^4]: 47 U.S.C. § 503 (b).

[^5]: 47 U.S.C. § 1.80 (a).

[^6]: 47 U.S.C. § 503(b)(2)(D). See also *The Commission's Forfeiture
    Policy Statement and Amendment of Section 1.80 of the Rules to
    Incorporate the Forfeiture Guidelines*, 12 FCC Rcd 17087, 17100-01
    (1997), recon. denied, 15 FCC Rcd 303 (1999).

[^7]:

[^8]: [Id.]{.underline}

[^9]: *See* 47 C.F.R. § 1.1914.