Before the

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+---+------------------------------+
| In the Matter of                 | * | File Number: EB-07-IH-8189   |
|                                  | * |                              |
| **WXDJ Licensing, Inc.**         | ) | NAL/Acct. No.: 200932080010  |
|                                  | * |                              |
| Licensee of Station WXDJ(FM)     | * | FRN #: 0004976874            |
|                                  |   |                              |
| North Miami Beach, FL            | * | File Number: EB-07-IH-8469   |
|                                  | * |                              |
| **WSKQ Licensing, Inc.**         | ) | NAL/Acct. No.: 200932080011  |
|                                  | * |                              |
| Licensee of Station WSKQ(FM)     | * | FRN #: 0004976882            |
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| New York, New York               | * |                              |
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+----------------------------------+---+------------------------------+

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Adopted:** October 17, 2008 **Released:** October 17, 2008

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

**I. INTRODUCTION**

1.  In this Notice of Apparent Liability for Forfeiture ("*NAL*"), we
    assess separate monetary forfeitures in the amount of \$16,000 each
    against WXDJ Licensing, Inc. ("WXDJ Licensing") and WSKQ Licensing,
    Inc. ("WSKQ Licensing")(collectively, the "Licensees") for their
    apparent willful violations of Section 73.1206 of the Commission's
    Rules.[^1] Both WXDJ Licensing and WSKQ Licensing are affiliates of
    Spanish Broadcasting System, Inc. As discussed below, we find that
    WXDJ Licensing and WSKQ Licensing each apparently violated the
    telephone broadcast rule by causing a telephone conversation to be
    recorded for future broadcast without giving prior notice to the
    individual being called of the intention to do so and by
    broadcasting the call at issue twice.

### II. BACKGROUND

2.  The Enforcement Bureau ("Bureau") received three complaints (each a
    "Complaint") alleging that on July 19, 2007, Station personnel
    prank-called a woman (the "call recipient") claiming to be employees
    of a local hospital and told her that her husband's and daughter's
    dead bodies were at the hospital.[^2] The Complaints also allege
    that the call recipient became hysterical when she received this
    information, at which point Station personnel told the call
    recipient that the call was a prank.[^3]

The Bureau issued a letter of inquiry ("LOI") to WXDJ Licensing on
October 19, 2007,[^4] and LOIs to WSKQ Licensing on January 18, 2008 and
July 8, 2008.[^5] In their respective LOI responses, the Licensees state
that Spanish Broadcasting System, Inc. contracted with a vendor, "Rubin
Ithier,"[^6] who recorded the call for a prank call feature show.[^7]
Each Licensee admits that Ithier initiated the call broadcast by its
Station, that the call was made at the call recipient's sister's
request, and that Ithier performed the prank.[^8] Each Licensee also
admits that on July 19, 2007, its Station broadcast the call.[^9] In
their respective LOI Responses, the Licensees admit that Mr. Ithier did
not inform the call recipient that the call was being recorded for later
broadcast until after the prank had been played and the call had been
recorded already.[^10] As the transcript demonstrates, the call
recipient was not given notice prior to the call being recorded that it
was being recorded for future broadcast.[^11]

3.  The LOI responses of each Licensee included a transcript of the
    broadcast call, which included, in pertinent part, the following:

Call Recipient: Hello?

> Mr. Ithier: We're calling from...\[inaudible\] Hospital...and we have
> a corpse here whose name is Francisco..Eh..\[sic.\] Do you know that
> man?

Call Recipient: Is this a joke or what?

Mr. Ithier: No -- not a joke -- I'm calling because we are trying to
identify...identify the person.

> \*\*\*
>
> Mr. Ithier: The man was shot twice in the head.
>
> \*\*\*
>
> Call Recipient: Give me all the information where...I am so
> nervous...tell me where it is please.
>
> Mr. Ithier: On 182...in the Bronx.
>
> Call Recipient: And what else?
>
> Mr. Ithier: Well what happened is that we cannot turnover the corpses
> -- we are only identifying and verifying the documents that were in
> the man's pockets.
>
> Call Recipient: He is my husband.
>
> Mr. Ithier: Oh...he is your husband?
>
> Call Recipient: Yes- Francisco is my husband.
>
> \*\*\*
>
> Mr. Ithier: Well what happened is that they are informing me here that
> it was a man who shot two times because of jealousy since this guy was
> going out with the man's wife.
>
> Call Recipient: How is it going to be...Oh good lord...but how is it
> going to be my God...and my daughter too?
>
> Mr. Ithier: No no -- I don't know...yes actually we have two
> bodies...but I do not know if the little girl is the other one.
>
> Call Recipient: But man or woman? Oh God!
>
> Mr. Ithier: Yes -- because there was another person who supposedly
> went running and was runned over \[sic.\] by a car.
>
> \*\*\*
>
> DJ: Two women -- or both men?
>
> DJ: Yes \[laughter\].
>
> \*\*\*
>
> Mr. Ithier: Yes -- I'm told the little girl died.
>
> Call Recipient: What?
>
> Mr. Ithier: That the girl died killed by a car.
>
> Call Recipient: My God \[crying, screaming, inaudible conversation\].
>
> \*\*\*
>
> Mr. Ithier: ...I'm Ruben from the Vacilon...this is a joke.
>
> Call Recipient: My God -- why did you do this to me?
>
> Mr. Ithier: Kiss -- I'm so sorry.[^12]

**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.[^13] 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.[^14] 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,[^15] and the Commission has so interpreted the term in the
    Section 503(b) context.[^16] The Commission may also assess a
    forfeiture for violations that are merely repeated, and not
    willful.[^17] "Repeated" means that the act was committed or omitted
    more than once, or lasts more than one day.[^18] 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.[^19] 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.[^20] As described in greater detail below,
    we conclude under this procedure that WXDJ Licensing and WSKQ
    Licensing are each apparently liable for a forfeiture in the amount
    of \$16,000 for their apparent willful and repeated failure to
    inform a called party that a call was being broadcast or recorded
    for later broadcast before so broadcasting or recording the
    telephone call.

5.  Section 73.1206 of the Commission's Rules requires that *before*
    recording a telephone conversation for later broadcast, a licensee
    must 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.[^21] The Commission will presume
    such awareness only where "the other party to the call is associated
    with the station (such as an employee or part-time reporter), or
    where the other party originates the call and it is obvious that it
    is in connection with a program in which the station customarily
    broadcasts telephone conversations."[^22]

6.  Section 73.1206 reflects the Commission\'s longstanding policy that
    prior notification is essential to protect individuals\' legitimate
    expectation of privacy and to preserve their dignity by avoiding
    nonconsensual broadcasts of their conversations.[^23] The Commission
    specifically favored an individual's privacy interest when balancing
    it against a broadcaster's interest in enhancing program appeal with
    increased spontaneity and entertainment value using telephone
    conversations. The Commission found that such enhancement was not
    sufficiently critical as to justify intruding on individual
    privacy.[^24] The Commission has held that the prior notification
    requirement ensures the protection of an individual\'s \"right to
    answer the telephone without having \[his or her\] voice or
    statements transmitted to the public by a broadcast station\" live
    or by recording for delayed airing.[^25] Consistent with this
    reasoning, the Commission has defined "conversations" broadly "to
    include *any* word or words spoken during the telephone call," and
    specifically has rejected arguments that "utterances made by parties
    called in answering the phone" are not subject to the rule\'s prior
    notification requirement.[^26] Thus, aside from the
    narrowly-tailored exceptions noted above, neither of which is
    applicable here, before any portion of a telephone conversation is
    recorded for later broadcast or before any portion of a telephone
    conversation is initiated for simultaneous broadcast, the licensee
    must inform the other party that the conversation will be recorded
    for broadcast purposes or will be broadcast live.

7.  As the facts reflect, by failing to comply with the notice
    requirement, both WXDJ Licensing and WSKQ Licensing violated Section
    73.1206 of the Commission's Rules. Each Licensee asserts that its
    independent contractor obtained the call recipient's permission to
    broadcast the call before the Station broadcast it but each Licensee
    acknowledges such permission was requested *after* the telephone
    conversation had been recorded. [^27] The failure to inform the call
    recipient *prior* to recording the call that it was intended for
    broadcast is an apparent violation of Section 73.1206. Here, the
    independent contractor, based on its contract with the Licensees and
    without prior notice to the call recipient, proceeded to record the
    recipient's emotional distress at learning that her husband and
    daughter were dead. At the end of the conversation, the independent
    contractor informs the call recipient that her husband and daughter
    were not dead, and that it was just a "joke."[^28] This is the type
    of behavior Section 73.1206 was enacted to sanction -- entertainment
    at the expense of an individual's right to privacy.[^29]

8.  We further find that the call's origination and recording by an
    independent contractor, rather than the Licensees themselves, does
    not exculpate WXDJ Licensing or WSKQ Licensing from liability.[^30]
    The "Commission has long held that licensees and other Commission
    regulatees are responsible for the acts and omissions of their
    employees and independent contractors,"[^31] and the Commission has
    "consistently refused to excuse licensees from forfeiture penalties
    where actions of employees or independent contractors have resulted
    in violations."[^32] Nothing in the record here suggests that this
    precedent does not or should not apply. Rather, the independent
    contractor had a contract to provide prank call feature
    programming,[^33] suggesting that the independent contractor was
    acting pursuant to a regular and ongoing agreement condoning the
    type of practice for which we find each Licensee apparently liable
    here. For the foregoing reasons, we find that each Licensee
    apparently willfully and repeatedly violated Section 73.1206 by
    broadcasting each recorded call twice.

9.  The Commission's forfeiture guidelines establish a base forfeiture
    amount of \$4,000 for the unauthorized broadcast of a telephone
    conversation.[^34] In addition, the Commission's rules provide that
    base forfeitures may be adjusted based upon consideration of the
    factors enumerated in Section 503(b)(2)(E) of the Act[^35] and
    Section 1.80(a)(4) of the Commission\'s rules, which include "the
    nature, circumstances, extent, and gravity of the violation . . .
    and the degree of culpability, any history of prior offenses,
    ability to pay, and such other matters as justice may require."[^36]
    We note that Spanish Broadcasting Systems, Inc., the parent company
    of each Licensee, has a history of violating the Commission's rules,
    including a prior violation by WXDJ Licensing of the telephone
    broadcast rule at issue here.[^37] We also note that each Licensee
    broadcast the recorded call twice, increasing the egregiousness of
    the violations.[^38] Finally, we also must consider each Licensee's
    ability to pay.[^39] Having considered the record in this case and
    the statutory factors identified above, we find that WXDJ Licensing
    and WSKQ Licensing are each apparently liable for a forfeiture in
    the amount of \$16,000.[^40]

**IV. ORDERING CLAUSES**

10\. **ACCORDINGLY**, **IT IS ORDERED**, pursuant to Section 503(b) of
the Communications Act of 1934, as amended,[^41] and Sections 0.111,
0.311, 0.314 and 1.80 of the Commission\'s rules,[^42] that WXDJ
Licensing, Inc. and WSKQ Licensing, Inc. are each hereby **NOTIFIED** of
their **APPARENT LIABILITY FOR A FORFEITURE** in the amount of \$16,000
each for violating Section 73.1206 of the Commission's rules.[^43]

11\. **IT IS FURTHER ORDERED**, pursuant to Section 1.80 of the
Commission\'s rules, that within thirty (30) days of the release date of
this NAL, WXDJ Licensing, Inc. and WSKQ Licensing, **SHALL EACH PAY**
the full amount of the proposed forfeiture issued against them or
**SHALL FILE** a written statement seeking reduction or cancellation of
the proposed forfeiture.

12\. Payment of each forfeiture must be made by check or similar
instrument, payable to the order of the Federal Communications
Commission. Each 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\[s\] 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. Each Licensee shall also send
electronic notification on the date said payment is made to
Hillary.DeNigro@fcc.gov, Ben.Bartolome@fcc.gov, Rebecca.Hirselj@fcc.gov,
Kenneth.Scheibel@fcc.gov, Anjali.Singh@fcc.gov and
Judy.Lancaster@fcc.gov.

13\. Each response, if any, shall be mailed to Hillary S. DeNigro,
Chief, Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12^th^ Street, S.W., Room 4-C330,
Washington D.C. 20554, and **MUST INCLUDE** the NAL/Account Number
referenced above. To the extent practicable, any response regarding WXDJ
Licensing should also be sent by e-mail to Hillary.DeNigro@fcc.gov,
Ben.Bartolome@fcc.gov, Kenneth.Scheibel@fcc.gov, and
Anjali.Singh@fcc.gov. To the extent practicable, any response regarding
WSKQ Licensing should also be sent by e-mail to Hillary.DeNigro@fcc.gov,
Ben.Bartolome@fcc.gov, Rebecca.Hirselj@fcc.gov, and
Judy.Lancaster@fcc.gov.

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\. **IT IS FURTHER ORDERED**, that each Complaint filed **IS GRANTED**
to the extent indicated herein and **IS OTHERWISE DENIED**, and each
Complaint proceeding **IS HEREBY TERMINATED**.[^44]

16\. **IT IS FURTHER ORDERED**, that a copy of this NAL shall be sent,
by Certified Mail/Return Receipt Requested, to WXDJ Licensing, Inc. at
its address of record, to WSKQ Licensing, Inc. at its address of record,
and to Licensees' counsel, Bruce A. Eisen, Kaye Scholer LLP, 901
Fifteenth Street, N.W., Washington, D.C. 20005.

FEDERAL COMMUNICATIONS COMMISSION

Hillary S. DeNigro

Chief, Investigations and Hearings Division

Enforcement Bureau

[^1]: *See* 47 C.F.R. § 73.1206 (the "telephone broadcast rule").

[^2]: *See* Complaint, Federal Communications Commission, dated July 19,
    2007 ("WXDJ Complaint") (associated with EB-07-IH-8189). *See also*
    Complaint, Federal Communications Commission, dated July 19, 2007
    ("WSKQ Complaint") (associated with EB-07-IH-8469); Complaint,
    Federal Communications Commission, dated July 20, 2007 ("WSKQ
    Complaint 2") (associated with EB-07-IH-8469). Because none of the
    complainants has authorized disclosure of his/her name to the
    Licensees, each complainant will remain anonymous.

[^3]: *See* WXDJ Complaint at 1 (further alleging that Station personnel
    laughed at the call recipient's hysterical response to the call, and
    that Station personnel did not inform the call recipient that they
    were recording the telephone conversation); s*ee also* WSKQ
    Complaint at 1; WSKQ 2^nd^ Complaint at 2.

[^4]: *See* Letter from Jennifer A. Lewis Hershman, Assistant Chief,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission to WXDJ Licensing, Inc., dated October 19,
    2007 ("WXDJ LOI").

[^5]: *See* Letter from Jennifer A. Lewis, Assistant Chief,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission to WSKQ Licensing, Inc., dated January 8,
    2008 ("WSKQ LOI"); Letter from Rebecca Hirselj, Assistant Chief,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission, dated July 8, 2008 ("WSKQ 2^nd^ LOI").

[^6]: Mr. Ithier's birth name is Ramon Sierra. *See* Letter from WKSQ
    Licensing, Inc. to Judy Lancaster, Attorney, Investigations and
    Hearings Division, Enforcement Bureau, dated July 21, 2008 ("WSKQ
    Response to WSKQ 2^nd^ LOI"); Letter from WKSQ Licensing, Inc. to
    Judy Lancaster, Attorney, Investigations and Hearings Division,
    Enforcement Bureau, dated July 21, 2008 ("Ithier
    Declaration")(forwarding executed Declaration of Ramon Sierra a/k/a
    Ruben Ithier).

[^7]: *See* Letter from WXDJ Licensing, Inc. to Investigations and
    Hearings Division, Enforcement Bureau, Federal Communications
    Commission dated November 19, 2007, at 3 ("WXDJ LOI Response"); *see
    also* Letter from WSKQ Licensing, Inc. to Judy Lancaster, Esq.,
    Investigations and Hearings Division, Enforcement Bureau, dated
    February 15, 2008 at 7 ("WSKQ LOI Response"); WSKQ Response to 2^nd^
    LOI at 2-3.; Ithier Declaration at 1.

[^8]: *See* WXDJ LOI Response at 3; WSKQ LOI Response at 6; WSKQ
    Response to 2^nd^ LOI at 2, 3.

[^9]: *See* WXDJ LOI Response at 4; s*ee also* WSKQ LOI Response at 7.
    In its LOI response, WXDJ Licensing admits broadcasting the call at
    approximately 9:30 a.m. that day. *See* WXDJ LOI Response at 4. WSKQ
    Licensing admits broadcasting the call at approximately 7:30 a.m.
    and 9:30 a.m. EDT on July 19^,^ 2007, and reveals that WXDJ
    Licensing also broadcast the call twice that day. WSKQ Response to
    2^nd^ LOI at 3.

[^10]: *See* WXDJ LOI Response at 3-4. *See also* WSKQ LOI Response at
    7; WSKO Response to 2^nd^ LOI at 3, 7.

[^11]: *See* WXDJ LOI Response at Attached Translation at 5; WSKQ
    Response to 2^nd^ LOI at Attached Translation at 5.

[^12]: WXDJ LOI Response at Attached Translation at 2-5; *see also* WSKQ
    LOI Response at 10-19.

[^13]: *See* 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1).

[^14]: 47 U.S.C. § 312(f)(1).

[^15]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^16]: *See, e.g., Southern California Broadcasting Co.*, Memorandum
    Opinion and Order, 6 FCC Rcd 4387, 4388 (1991).

[^17]: *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).

[^18]: *See Southern California Broadcasting Co.*, 6 FCC Rcd at 4388 ¶
    5; *Callais Cablevision, Inc.*, 16 FCC Rcd at 1362 ¶ 9.

[^19]: *See* 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).

[^20]: *See, e.g., SBC Communications, Inc*., Forfeiture Order, 17 FCC
    Rcd 7589, 7591 ¶ 4 (2002) (forfeiture paid).

[^21]: *See* 47 C.F.R. § 73.1206.

[^22]: *Id*.

[^23]: *See Amendment of Section 1206: Broadcast of Telephone
    Conversations, Report and Order*, 3 FCC Rcd 5461, 5463-64 (1988)
    ("*1988 Order re the Broadcast of Telephone Conversations*");
    *Station-Initiated Telephone Calls Which Fail to Comply With Section
    73.1206 of the Rules*, Public Notice, 35 FCC 2d 940, 941 (1972);
    *Amendment of Part 73 of the Commission\'s Rules and Regulations
    with Respect to the Broadcast of Telephone Conversations*, Report
    and Order, 23 FCC 2d 1, 2 (1970); *see also WXDJ Licensing, Inc.*,
    Forfeiture Order, 19 FCC Rcd 22445 (Enf. Bur. 2004) (assessing a
    forfeiture for failure to inform the called party that their
    telephone conversation would be broadcast or recorded for later
    broadcast before so broadcasting or recording them; forfeiture
    paid).

[^24]: *See 1988 Order re the Broadcast of Telephone Conversations*, 3
    FCC Rcd at 5464.

[^25]: *See* *id.* at 5463.

[^26]: *See* *Heftel Broadcasting-Contemporary, Inc.,* 52 FCC 2d 1005,
    1006 (1975) (holding that "conversation" was defined for the purpose
    of Section 73.1206 as including any word or words spoken during the
    telephone call and imposing \$2,000 forfeiture for failure to
    provide notice prior to recording any conversation).

[^27]: *See* *supra*, note 12.

[^28]: *See supra* paragraph 3.

[^29]: *See* *supra* notes 23-25 (citing authorities).

[^30]: *See* *KOFI, Inc.*, Forfeiture Order, 20 FCC Rcd 17886, 17888
    (Enf. Bur., Investigations & Hearings Div. 2005) (holding that
    liability on employee or independent contractor's part does not
    excuse licensee from liability for violating telephone broadcast
    rule and assessing \$4,000 forfeiture; forfeiture paid).

[^31]: *Eure Family Limited Partnership*, Memorandum Opinion and Order,
    17 FCC Rcd 21861, 21863-864 (2002). *See also* *MTD, Inc.*,
    Memorandum Opinion and Order, 6 FCC Rcd 34 (1991) (holding that a
    company's reliance on an independent contractor to construct a tower
    in compliance with FCC rules does not excuse that company from a
    forfeiture); *Wagenvoord Broadcasting Co.*, Memorandum Opinion and
    Order, 35 FCC 2d 361 (1972) (holding a licensee responsible for
    violations of FCC rules despite its reliance on a consulting
    engineer); *Petracom of Joplin, L.L.C.*, Forfeiture Order, 19 FCC
    Rcd 6248 (Enf. Bur. 2004) (holding a licensee liable for its
    employee's failure to conduct weekly EAS tests and to maintain the
    "issues/programs" list).

[^32]: *American Paging, Inc. of Virginia*, Notice of Apparent Liability
    for Forfeiture, 12 FCC Rcd 10417, 10420 (WTB 1997) (quoting *Triad
    Broadcasting Company, Inc.*, 96 FCC 2d 1235, 1244 (1984)).

[^33]: *See* WXDJ Response at 3 ("Rubén Ithier, the owner of a vendor
    who we contract to create 'caistes' (akin to 'you fell for
    it')...initiated...the July 19^th^ call"); *see also* WSKQ Response
    at 6; WSKQ Response to 2^nd^ LOI at 3.

[^34]: *See The 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, 17115 (1997),
    recons. denied, 15 FCC Rcd 303 (1999) ("*Forfeiture Policy
    Statement*"); 47 C.F.R. §1.80.

[^35]: *See* 47 U.S.C. § 503(b)(2)(E).

[^36]: 47 C.F.R. § 1.80(a)(4).

[^37]: *See* WSKQ LOI Response at 2; *WXDJ Licensing, Inc.*, 19 FCC Rcd
    at 22447 (assessing \$3,500 forfeiture against the Licensee for
    violating telephone broadcast rule by recording a call without
    disclosure to the call recipient and later broadcasting it)
    (forfeiture paid). *See also Citicasters Licenses, L.P.*, Notice of
    Apparent Liability for Forfeiture, 22 FCC Rcd 1633, 1636 (Enf. Bur.,
    Investigations & Hearings Div. 2007) (assessing \$10,000 forfeiture
    for violation of Section 73.1206 based, in part, on the licensee's
    prior history of violating the rule) (forfeiture paid).

[^38]: *See* *Citicasters Licenses, L.P.*, 22 FCC Rcd at 1636 (assessing
    \$10,000 forfeiture for violation of Section 73.1206 based, in part,
    on the licensee's prior history of violating the rule and ability to
    pay) (forfeiture paid). *See also KOFI, Inc*., Notice of Apparent
    Liability for Forfeiture, 20 FCC Rcd 5995, 5997 (Enf.Bur.,
    Investigations and Hearings Div., 2005), *forfeiture reduced on
    other grounds*, 20 FCC Rcd 17886 (Enf. Bur., Investigations and
    Hearings Div, 2005) (forfeiture paid) (assessing \$6000 forfeiture
    for violation of Section 73.1206 based on licensee's repeated
    broadcast of an improperly recorded conversation).

[^39]: WXDJ Licensing and WSKQ Licensing are owned by Spanish
    Broadcasting System, Inc., a company that generates significant
    revenues. In 2006, Spanish Broadcasting System, Inc., had earned
    \$176,931,000 in net revenue. *See* Spanish Broadcasting System,
    Inc., 2006 Annual Report on Form 10-K, Securities and Exchange
    Commission at 42 (filed March 16, 2007). The Commission directed, in
    the Forfeiture Policy Statement, that forfeitures should not be
    simply an affordable cost of doing business. *Forfeiture Policy
    Statement*, 12 FCC Rcd at 17100-101.

[^40]: *See supra* notes 35-36, 38 (citing authority); *Clear Channel
    Broadcasting Licenses*, Notice of Apparent Liability for Forfeiture,
    17 FCC Rcd 5893, 5894 (Enf. Bur. 2002) (imposing \$6,000 forfeiture
    for violation of Section 73.1206 based on the licensee's prior
    history of violating that rule) (forfeiture paid).

[^41]: *See* 47 U.S.C. § 503(b).

[^42]: *See* 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80, 73.1206.

[^43]: *See* 47 U.S.C. § 503(b); 47 C.F.R. §§ 0.111, 0.311, 0.314, 1.80,
    73.1206.

[^44]: For purposes of this forfeiture proceeding initiated by this
    *NAL*, WXDJ Licensing and WSKQ Licensing shall be the only parties
    to this proceeding.