Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

)

In the Matter of )

) File No. EB-07-IH-9488

**CBS Radio East Inc.** ) NAL/Acct. No. 200932080026

) Facility ID No. 25443

Licensee of Station KDKA(AM) ) FRN No. 0009225210

Pittsburgh, Pennsylvania )

)

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Adopted: February 5, 2009 Released: February 5, 2009**

By the Chief, Investigations and Hearings Division, Enforcement Bureau:

**I. INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("NAL"), issued
    pursuant to Section 503(b) of the Communications Act of 1934, as
    amended (the "Act"), and Section 1.80 of the Commission's rules,[^1]
    we find that CBS Radio East Inc. ("CBS" or the "Licensee"), licensee
    of Station KDKA(AM), Pittsburgh, Pennsylvania ("Station KDKA" or the
    "Station"), broadcast information about a contest without fully and
    accurately disclosing all material terms thereof, and failed to
    conduct the contest substantially as announced or advertised, in
    apparent willful violation of Section 73.1216 of the Commission's
    rules.[^2] Based upon our review of the record, we find that CBS is
    apparently liable for a forfeiture in the amount of \$6,000.

**II. BACKGROUND**

2.  The Commission received a complaint, dated November 26, 2007 ("the
    Complaint"),[^3] alleging that Station KDKA's investigative reporter
    and talk show host, Marty Griffin, conducted a contest on November
    22, 2007, in apparent violation of Section 73.1216 of the
    Commission's rules. Specifically, the Complaint alleges that,
    beginning at approximately 9:10 a.m. on November 22, 2007, Mr.
    Griffin announced that he would give away one million dollars
    (\$1,000,000) to the thirteenth caller, and that he would give away
    "a million an hour" thereafter.[^4] The Complainant alleges that he
    called the Station, was told he was the thirteenth caller, and was
    then put on hold; after spending forty-three minutes on hold, the
    Complainant was transferred to Mr. Griffin, and Mr. Griffin asked
    him questions about the Thanksgiving holiday. The Complainant states
    that after he inquired about the prize money, the phone was
    disconnected. The Complainant called back to the Station, and was
    told that there was no \$1,000,000 prize. The Complainant also
    states that he sent Mr. Griffin an e-mail concerning this matter,
    and received a response from Mr. Griffin indicating that he was "the
    only person in the area who didn't get the joke."[^5]

3.  By Letter of Inquiry ("LOI"), dated December 10, 2007, the
    Enforcement Bureau directed CBS to provide information about the
    alleged contest.[^6] On January 16, 2008, CBS filed its response
    ("LOI Response").[^7] In its LOI Response, CBS does not dispute that
    it aired the complained-of material, and includes a recording and a
    transcript of the entire broadcast of the "Marty Griffin Show" that
    aired between 9:00 a.m. and 12:00 p.m. on November 22, 2007.[^8] CBS
    contends, however, that the broadcast in question did not involve an
    actual contest, but instead was a "joke," and that the Station's
    broadcast was not subject to Section 73.1216 of the Commission's
    rules.[^9] CBS asserts that the broadcast was, at most, a "harmless
    prank," that is neither a contest nor a hoax prohibited under the
    Commission's rules.[^10]

**III. DISCUSSION**

4.  Under Section 503(b)(1) of the Act, any person who is determined by
    the Commission to have willfully or repeatedly failed to comply with
    any provision of the Act or any rule, regulation, or order issued by
    the Commission shall be liable to the United States for a forfeiture
    penalty.[^11] Section 312(f)(1) of the Act defines willful as "the
    conscious and deliberate commission or omission of \[any\] act,
    irrespective of any intent to violate" the law.[^12] The legislative
    history to Section 312(f)(1) of the Act clarifies that this
    definition of willful applies to both Sections 312 and 503(b) of the
    Act,[^13] and the Commission has so interpreted the term in the
    Section 503(b) context.[^14] The Commission may also assess a
    forfeiture for violations that are merely repeated, and not
    willful.[^15] "Repeated" means that the act was committed or omitted
    more than once, or lasts more than one day.[^16] In order to impose
    such a penalty, the Commission must issue a notice of apparent
    liability, the notice must be received, and the person against whom
    the notice has been issued must have an opportunity to show, in
    writing, why no such penalty should be imposed.[^17] The Commission
    will then issue a forfeiture if it finds, by a preponderance of the
    evidence, that the person has willfully or repeatedly violated the
    Act or a Commission rule.[^18] As described in greater detail below,
    we conclude under this procedure that CBS is apparently liable for a
    forfeiture for its apparent willful violation of Section 73.1216 of
    the Commission\'s rules.

5.  Section 73.1216 of the Commission\'s rules provides that "\[a\]
    licensee that broadcasts or advertises information about a contest
    it conducts shall fully and accurately disclose the material terms
    of the contest, and shall conduct the contest substantially as
    announced or advertised. No contest description shall be false,
    misleading, or deceptive with respect to any material term."[^19]
    Material terms under the rule "include those factors which define
    the operation of the contest and which affect participation
    therein,"[^20] and generally include, among other things,
    "\[instructions on\] how to enter or participate; eligibility
    restrictions; . . . whether prizes can be won; when prizes can be
    won; . . . the extent, nature and value of prizes; time and means of
    selection of winners; . . . ."[^21]

6.  Licensees, as public trustees, have the affirmative obligation to
    prevent the broadcast of false, misleading or deceptive contest
    announcements,[^22] and to conduct their contests substantially as
    announced.[^23] A broadcast announcement concerning a contest is
    false, misleading, or deceptive "if the net impression of the
    announcement has a tendency to mislead the public."[^24] In
    enforcing this rule, the Enforcement Bureau has repeatedly held that
    licensees are responsible for broadcasting accurate statements as to
    the nature and value of contest prizes, and will be held accountable
    for any announcement that tends to mislead the public.[^25]

7.  CBS asserts that there was no contest and no \$1,000,000 giveaway on
    Station KDKA on the morning of November 26, 2007, and that there is
    no evidence that any caller believed that he or she had won
    \$1,000,000 from the Station.[^26] Rather, CBS contends that Mr.
    Griffin's "joke" (the "Griffin Idea") was a "harmless prank" \-- an
    attempt to "enliven what \[Mr. Griffin\] expected to be an extremely
    quiet Thanksgiving morning broadcast with an extended joke revolving
    around what he considered the laughably absurd idea that he would
    randomly give away to the 13^th^ caller that morning a million
    dollars . . . ."[^27] CBS further states that Mr. Griffin's show on
    Station KDKA is an "established news/talk show, which has no cash
    giveaway component," and notes that "neither Griffin's conception,
    nor his execution, of the Griffin Idea meets with \[CBS's\] internal
    broadcast standards, and \[CBS\] has taken appropriate action in an
    effort to prevent recurrence."[^28] For these reasons, CBS asserts
    that the broadcast was not a contest for purposes of Section
    73.1216, and as such, the complaint should be summarily dismissed.

8.  Specifically, CBS claims that there is sufficient evidence in the
    record to support a finding that the Griffin Idea was a joke or
    prank that could not be seriously regarded as a licensee-sponsored
    contest. CBS offers the following evidence from the broadcast itself
    in support of its argument that the public should have known the
    contest announcement was a joke: (1) the absurdity of the idea that
    this news/talk station would give away one million dollars without
    any promotion; (2) Mr. Griffin's frequent laughter when discussing
    the idea of giving away one million dollars; (3) the preposterous
    details concerning the prize money, such as including information
    that the money was in the form of new bills contained in a barrel at
    the station or that it was in a briefcase secured by handcuffs; (4)
    Mr. Griffin's repeated claim, through the end of the three hour
    show, that fewer than thirteen calls had been received, even though
    more than fifty listeners had called the station; and (5) the fact
    that no thirteenth caller was identified and no caller mentioned the
    \$1,000,000 prize on the air.[^29]

9.  We disagree with CBS's contention that Section 73.1216 of the
    Commission's rules should not apply simply because the Station
    viewed the broadcast as a prank or joke. Section 73.1216 provides
    that "\[a\] contest is a scheme in which a prize is offered or
    awarded, based on chance, diligence, knowledge or skill, to members
    of the public."[^30] CBS does not deny \-- and the recording and
    transcript of the broadcast clearly demonstrate \-- that Mr. Griffin
    offered listeners an opportunity to win \$1,000,000 based on the
    chance that they would be the thirteenth caller. The transcript of
    the broadcast further illustrates that Mr. Griffin repeatedly made
    on-air announcements regarding the \$1,000,000 giveaway during the
    three-hour program.[^31] Mr. Griffin made no statement on-air to
    clarify that the offer was a joke or prank, and, instead called the
    contest "the real deal,"[^32] and took calls from the listening
    public, several of whom asked on the air whether they were the
    winning caller.[^33] The recording and transcript also make
    perfectly clear that the public was in fact misled by the contest
    announcements. Mr. Griffin himself admitted during the broadcast
    that several individuals placed follow-up calls to the Station to
    complain that they had not won the \$1,000,000 prize despite having
    been the thirteenth caller.[^34]

10. Section 73.1216 was implemented to proscribe broadcasting practices
    that deceive audiences or are unfair to competitors, and thus is
    intended to protect listeners from the type of deceptive and
    misleading contest announcements broadcast by Station KDKA.[^35]
    Although CBS claims that material from the broadcast itself supports
    its argument that Section 73.1216 does not apply here, the material
    that CBS identifies highlights the deceptive nature of the broadcast
    concerning a purported \$1,000,000 giveaway. In addition, CBS's
    argument places the burden on a listener to discern that the contest
    was not legitimate despite the repeated on-air announcements
    offering the \$1,000,000 prize. For example, CBS argues that
    listeners should have known that a contest of this magnitude would
    not have been offered without advance promotion and on a day when
    listenership was low. This assumes that the show attracts only
    regular listeners, and excludes the possibility that others,
    including those traveling in the station's service area, may have
    been listening. CBS's argument also disregards the possibility that
    not all listeners and callers may have heard the portions of the
    broadcast in which there was laughter and discussion of the "absurd"
    or inconsistent details concerning the location and source of the
    prize money. It also assumes that all listeners are savvy with
    regard to the ordinary promotional practices for broadcast contests.

11. The relevant focus of the analysis under the rule is the
    announcement's impact on the public, and not the announcer's state
    of mind.[^36] "With regard to what constitutes a false, misleading
    or deceptive announcement, it is enough if the net impression of the
    announcement has a tendency to mislead the public."[^37] While Mr.
    Griffin may have believed the contest was a "joke," in light of the
    number of announcements made referring to the \$1,000,000 giveaway,
    and the number of callers who responded to the announcements
    (including the Complainant), the public was led to believe, and
    clearly did believe, that a contest was occurring at the Station.
    Moreover, CBS cannot avoid application of Section 73.1216 because
    the Station staff on duty during the broadcast independently
    concluded that the broadcast was a joke, and informed callers that
    there was no \$1,000,000 prize being offered. The Bureau has
    consistently ruled that other broadcast "pranks" which met Section
    73.1216's contest definition violated the Commission's rule
    prohibiting the broadcast of false, misleading or deceptive contest
    announcements.[^38] Based upon the evidence before us, we find that
    CBS's broadcast at issue was, indeed, a contest subject Section
    73.1216 of the Commission\'s rules.

12. Having established that the Station broadcast a contest subject to
    Section 73.1216, we find that CBS apparently violated Section
    73.1216 by not fully and accurately disclosing the material terms of
    its contest, and by not conducting the contest substantially as
    announced.[^39] CBS admits that Station KDKA broadcast multiple
    announcements, offering \$1,000,000 to the thirteenth caller to
    contact the Station. The Station, however, did not award any
    \$1,000,000 prize, although over 50 callers contacted the Station.
    At the end of the broadcast, Mr. Griffin also announced that the
    Station "never got to the 13^th^ caller," and that the contest
    "carries over" and that the Station would "try to get to it again
    tomorrow."[^40] In fact, the contest was not continued, and CBS
    states that "the Griffin Idea simply died."[^41] Therefore, we find
    that CBS did not conduct the contest substantially as announced in
    violation of Section 73.1216.

13. Based upon the evidence before us, we find that Station KDKA
    apparently willfully violated Section 73.1216 of the Commission's
    rules. The Commission's Forfeiture *Forfeiture Policy Statement*
    sets a base forfeiture amount of \$4,000 for violation of Section
    73.1216.[^42] In assessing the monetary forfeiture amount, we must
    take into account the statutory factors set forth in Section
    503(b)(2)(E) of the Act,[^43] which include the nature,
    circumstances, extent, and gravity of the violation, and with
    respect to the violator, the degree of culpability, any history or
    prior offenses, ability to pay, and other such matters as justice
    may require.[^44] Taking this standard into account, and based upon
    the facts and circumstances presented here, we find that a
    forfeiture in the amount of \$6,000 is appropriate in this case.
    Based upon the entire record, including the egregious nature of the
    misconduct that misled listeners and CBS's prior history of
    violations of Section 73.1216,[^45] we conclude that an upward
    adjustment of the forfeiture amount is warranted in this case. Thus
    we find that the appropriate forfeiture amount is \$6,000.[^46]

**IV. ORDERING CLAUSES**

14. **ACCORDINGLY, IT IS ORDERED**, pursuant to Section 503(b) of the
    Act,[^47] and Sections 0.111, 0.311, and 1.80(f)(4) of the
    Commission's rules,[^48] that CBS Radio East Inc. is hereby
    **NOTIFIED** of its **APPARENT LIABILITY FOR FORFEITURE** in the
    amount of \$6,000 for apparently willfully and repeatedly violating
    Section 73.1216 of the Commission's rules.[^49]

15. **IT IS FURTHER ORDERED**, pursuant to Section 1.80 of the
    Commission's rules, that within thirty (30) days of the release of
    this NAL, CBS Radio East Inc. **SHALL PAY** the full amount of the
    proposed forfeiture or **SHALL FILE** a written statement seeking
    reduction or cancellation of the proposed forfeiture.

16. Payment of the forfeiture must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. The payment must include the NAL/Account Number and FRN
    Number referenced above. Payment by check or money order may be
    mailed to Federal Communications Commission, P.O. Box 979088, St.
    Louis, MO 63197-9000. Payment by overnight mail may be sent to U.S.
    Bank -- Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention
    Plaza, St. Louis, MO 63101. Payment by wire transfer may be made to
    ABA Number 021030004, receiving bank TREAS/NYC, and account
    number 27000001. For payment by credit card, an FCC Form 159
    (Remittance Advice) must be submitted.  When completing the FCC Form
    159, enter the NAL/Account number in block number 23A (call
    sign/other ID), and enter the letters "FORF" in block number 24A
    (payment type code). Requests for full payment under an installment
    plan should be sent to:  Chief Financial Officer -- Financial
    Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
    20554.   Please contact the Financial Operations Group Help Desk at
    1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
    regarding payment procedures. CBS Radio East Inc. will also send
    electronic notification on the date said payment is made to
    Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, and
    Melanie.Godschall@fcc.gov.

17. The response, if any, must be mailed to Hillary S. DeNigro, Chief,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission, 445 12th Street, SW, Room 4-C330,
    Washington, D.C. 20554, and must include the NAL/Account Number
    referenced above. In addition, to the extent practicable, a copy of
    the response, if any, should also be transmitted via e-mail to
    Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, and
    Melanie.Godschall@fcc.gov.

18. 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.

19. Accordingly, **IT IS ORDERED**, that the Complaint in this
    proceeding **IS GRANTED**, and the Complaint proceeding **IS HEREBY
    TERMINATED**.[^50]

20. **IT IS FURTHER ORDERED** that copies of this NAL shall be sent, by
    First Class Mail and Certified Mail - Return Receipt Requested, to
    Anne Lucey, Senior Vice President, CBS Corporation, 2175 K Street,
    N.W., Suite 350, Washington, DC. 20037 and to its counsel, Dennis P.
    Corbett, Esquire, Leventhal Senter & Lerman PLLC, 2000 K Street,
    N.W., Suite 600, Washington, DC 20006, and by First Class mail to
    the Complainant.

FEDERAL COMMUNICATIONS COMMISSION

Hillary S. DeNigro

Chief, Investigations and Hearings Division

Enforcement Bureau

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

[^2]: *See* 47 C.F.R. § 73.1216.

[^3]: *See* Complaint, IC Number 07-WB13557366, filed on November 26,
    2007.

[^4]: *See* *id*. The Complainant also alleges that Mr. Griffin
    repeatedly said he would award \$1,000,000 to the thirteenth caller,
    and that there was a person in the studio with a "briefcase
    handcuffed to him with one million dollars in it." *Id.* The
    Complaint alleges that multiple individuals who called the Station
    asked if they had won the prize. *See id.*

[^5]: *Id*.

[^6]: *See* Letter from Jennifer A. Lewis, Assistant Chief,
    Investigations and Hearings Division, Enforcement Bureau, to Anne
    Lucey, Senior Vice President CBS Corp., dated December 10, 2007 (the
    "LOI").

[^7]: *See* Letter from Dennis P. Corbett, Leventhal Senter & Lerman
    PLLC, to Jennifer A. Lewis, Investigations and Hearings Division,
    Enforcement Bureau, dated January 16, 2008 ("LOI Response"). The
    Complainant did not file a formal reply to the LOI Response, but
    only an email stating that his response is that he "stands with
    \[his\] original statement." *See* Email from Complainant to
    Jennifer A. Lewis, dated January 29, 2008.

[^8]: *See* LOI Response at 2 & attached Recording and Transcript.

[^9]: *See id*. CBS asserts that host Marty Griffin "unilaterally
    conceived, on the spur of the moment, and then executed, on air, a
    joke." *Id.* In addition, CBS submitted electronic mail
    correspondence between Mr. Griffin and the Complainant, whereby Mr.
    Griffin states that \$1,000,000 prize was a joke. *See* LOI Response
    at attachment labeled "Inquiry 8."

[^10]: *See id.* at 6-7 (citing *Amendment of Part 73 Regarding
    Broadcast Hoaxes*, Report and Order, 7 FCC Rcd 4106, 4109 ¶ 18
    (1992)). We agree that the broadcast at issue does not implicate the
    Commission's broadcast hoax rule. *See* 47 C.F.R. § 73.1217. That
    rule is explicitly limited to prohibit the broadcast of false
    information concerning a crime or catastrophe if the licensee knows
    the information is false, it is foreseeable that the broadcast will
    cause substantial public harm, and the broadcast in fact directly
    causes substantial public harm. The broadcast at issue here included
    admittedly false information, but did not concern a crime or
    catastrophe and thus the broadcast hoax rule does not apply.

[^11]: *See* 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1).

[^12]: 47 U.S.C. § 312(f)(1).

[^13]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^14]: *See, e.g., Southern California Broadcasting Co.*, Memorandum
    Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).

[^15]: *See, e.g.,* *Callais Cablevision, Inc., Grand Isle, Louisiana*,
    Notice of Apparent Liability for Monetary Forfeiture, 16 FCC Rcd
    1359, 1362, ¶ 10 (2001) ("*Callais Cablevision*") (issuing a Notice
    of Apparent Liability for, *inter alia*, a cable television
    operator's repeated signal leakage).

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

[^17]: 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).

[^18]: *See, e.g., SBC Communications, Inc*., Forfeiture Order, 17 FCC
    Rcd 7589, 7591 ¶ 4 (2002) (forfeiture paid).

[^19]: 47 C.F.R. § 73.1216.

[^20]: *Id.* Note 1(b).

[^21]: *Id*.

[^22]: *See WMJX, Inc. (Station WMJX-FM)*, Decision, 85 FCC 2d 251, 269
    (1981) (holding that proof of actual deception is not necessary to
    find violations of contest rules, and that the licensee, as a public
    trustee, has an affirmative obligation to prevent the broadcast of
    false, misleading or deceptive contest announcements); *Amendment of
    Part 73 of the Commission's* *Rules Relating to Licensee-Conducted
    Contests*, Report and Order, 60 FCC 2d 1072 (1976).

[^23]: *See Headliner Radio, Inc. (Station KSXY-FM)*, Memorandum Opinion
    and Order, 8 FCC Rcd 2962 (Mass Media Bur. 1993) (finding that the
    airing of a misleading advertisement concerning a licensee's contest
    violated the Commission contest rules because the contest was not
    then conducted "substantially as announced or advertised"); *Lincoln
    Dellar (Stations KPRL(AM) and KDDB(FM))*, Memorandum Opinion and
    Order, 8 FCC Rcd 2582, 2585 (Mass Media Bur. 1993) (finding that the
    cancellation of a pre-announced contest violated the pertinent
    Commission rules because the contest was not then conducted
    "substantially as announced").

[^24]: *WMJX Inc.*, 85 FCC 2d at 269-270, n.82 (citing *Eastern
    Broadcasting Corp. (Station WCVS(AM)),* Decision, 14 FCC 2d 228, 229
    (1968)).

[^25]: *See e.g., Clear Channel Broadcasting Licenses, Inc. (Station
    WRUM(FM)),* Notice of Apparent Liability for Forfeiture, 21 FCC Rcd
    6808, 6809 (Investigations & Hearings Div., Enf. Bur. 2006)
    (forfeiture paid); *Citicasters Co*. *(Station KITT(FM))*, Notice of
    Apparent Liability for Forfeiture, 15 FCC Rcd 16612, 16613-614 (Enf.
    Bur. 2000) (forfeiture paid); *Clear Channel Broadcasting Licenses,
    Inc.(Station KPRR(FM),* Notice of Apparent Liability for Forfeiture,
    15 FCC Rcd 2734, 2735 (Enf. Bur. 2000) (forfeiture paid).

[^26]: *See* LOI Response at 3-4.

[^27]: *See* *id* at 7, 2.

[^28]: *Id*. at 2.

[^29]: *See id.* at 3-4.

[^30]: 47 C.F.R. § 73.1216, Note 1(a).

[^31]: *See* LOI Response, Transcript at 6-10, 23, 27, 34, 36, 52, 57,
    68, 72, 90 and 150-151 (quoting Transcript "Oh, you know, before I
    left yesterday, uh, the boss called and said 'The 13^th^ caller,
    given them a million dollars' -- (laughing) -- so that's what we're
    going to do. It's right here in a barrel. Every hour, it's a
    three-hour show, they gave us three million dollars to give away on
    Thanksgiving. And this is the real deal, we would not mess around."
    Transcript at 7. "The truth is, it's a big old surprise for me. We
    have a big million-dollar giveaway. We have a million dollars in
    Matt's briefcase, and we're apparently supposed to give it away. And
    we're talking to you, Pittsburgh \[...\]." Transcript at 34).

[^32]: *See* LOI Response, Transcript at 7

[^33]: *See id.,* Transcript at 12, 17, 29.

[^34]: *See id.,* Transcript at 52: "A couple of questions I have and
    then I'm going to the phones, because we still have not given away
    the million dollars cash -- cash. And, and, quit calling and
    complaining in -- to the newsroom on Thanksgiving. People
    complaining that they were the 13^th^ caller. Why would we, if
    you're the 13^th^ caller, not tell you you're the winner? Come on!
    These old folks call in the newsroom, "I think I won and Mr. Griffin
    said I wasn't the 13^th^ . I counted on my abacus."

[^35]: *See* *Amendment of Part 73 of the Commission's Rules Relating to
    Licensee-Conducted Contests*, Notice of Proposed Rulemaking, 53 FCC
    2d 934, 934-935 ¶ 3 (1975), *proposed rule adopted in pertinent
    part*, Report and Order, 60 FCC 2d 1072 (1976).

[^36]: *See WMJX*, 85 FCC 2d at 269-270.

[^37]: *Id*.

[^38]: *See, e.g., Clear Channel Broadcasting Licenses, Inc. (Station
    WRUM(FM)),* 21 FCC Rcd 6808 (finding a Section 73.1216 violation for
    "prank" contest in which broadcaster induced listeners to call a
    rival station); *Citicasters, Co*. *(Station KITT(FM))*, 15 FCC Rcd
    16612 (finding that failure to disclose a \$1,000,000 prize as
    1,000,000 Turkish lira violated Section 73.1216); *Clear Channel
    Broadcasting Licenses, Inc. (Station KPRR(FM)*, 15 FCC Rcd 2734
    (finding that failure to disclose a \$10,000 prize as 10,000 Italian
    lira violated Section 73.1216).

[^39]: *See* 47 C.F.R. § 73.1216.

[^40]: *See* Complaint; LOI Response, Transcript at 150-51.

[^41]: *See* LOI Response at 5.

[^42]: *See* *Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines*,
    Report and Order, 12 FCC Rcd 17087, 17113 (1997), *recon. denied*,
    15 FCC Rcd 303 (1999) ("*Forfeiture Policy Statement*").

[^43]: *See* 47 C.F.R. § 1.80(b).

[^44]: 47 U.S.C. § 503(b)(2)(E); 47 C.F.R. § 1.80(b)(4).

[^45]: *See, e.g., CBS Radio Inc. of Philadelphia (WIP(AM))*, Forfeiture
    Order, 23 FCC Rcd 10569 (Investigations & Hearings Div., Enf. Bur.
    2007) (finding a \$4000 forfeiture for violation of Section
    73.1216), *recon. pending.*

[^46]: *See,* *e.g., Clear Channel Broadcasting Licenses, Inc. (Station
    WRUM(FM)),* 21 FCC Rcd at 6811 ¶ 9 (imposing upward adjustment based
    upon egregious nature of apparent violation of Section 73.1216 and
    licensee's history of violations of the Commission's rules,
    including the licensee-conducted contest rule)

[^47]: *See* 47 U.S.C. § 503(b).

[^48]: *See* 47 C.F.R. §§ 0.111, 0.311 and 1.80(f)(4).

[^49]: *See* 47 C.F.R. § 73.1216.

[^50]: Consistent with Section 503(b) of the Act and consistent
    Commission practice, for the purposes of the forfeiture proceeding
    initiated by this NAL, CBS Radio East. Inc. shall be the only party
    to this proceeding.