NOTICE


*************************************************************************
             

                         NOTICE


*************************************************************************

This document was originally prepared in Word Perfect.  

If the original document contained--

                    *  Footnotes
                    *  Boldface & Italics

--this information  is missing in this version

The document format (spacing, margins, tabs, etc.) is changed too.

If you need the complete document, download the Word Perfect version.

For information about downloading documents (FTP) see file pnmc5021.

File  pnmc5021 (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous.

*************************************************************************
Before the
FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554


                                                                         
Liability of
WTOP License Limited Partnership
Licensee, Radio Station WTOP(AM)
Washington, DC

For a Forfeiture

                      MEMORANDUM OPINION AND ORDER
                                    
     Adopted:                           Released:

By the Chief, Mass Media Bureau:

     1.  The Commission, by the Chief, Mass Media Bureau, acting
pursuant to authority delegated by Section 0.283 of the Commission's
Rules, has under consideration (1) a Notice of Apparent Liability
released October 6, l995 (WTOP Licensee Limited Partnership, 10 FCC
Rcd 11002 (MMB 1995)), assessing a forfeiture of $5,000 against WTOP
License Limited Partnership (WTOP), licensee of Station WTOP(AM),
Washington, DC,  for violation of  Section 317 of the Communications
Act of 1934, as amended, and Section 73.1212 of the Commission's
Rules  (sponsorship identification), and (2) the licensee's response filed
October 26, 1995.  
     
     2.  In its response, WTOP contends that the forfeiture should be
rescinded or reduced because, although the subject announcements did
not comply with the literal terms of Section 73.1212 of the
Commission's Rules, they contained a tag line stating that the
announcement was commercial in nature.  Further, the licensee claims
that identification of the sponsor would not provide any useful
information to the listener.  Finally, WTOP states that the station has a
history of compliance with all Commission rules and has not been
found to have previously violated any FCC rule or policy.       

     3.  In setting the forfeiture amount, we specifically considered
that the announcements were clearly identified as commercial in
nature, and thus could not have been mistaken for a public service or
similar announcement.  However, the announcements did not identify
the sponsor as required by Section 73.1212 of the Commission's Rules. 
Although WTOP contends that the sponsor's name would not have been
informative to listeners, we disagree.  Even if a listener is not familiar
with the particular sponsor, the broadcast of its name would at least
allow the listener to identify the type of sponsor involved, a fact not
readily ascertainable from the announcements themselves.

     4.  The Commission will consider, as a mitigating factor, the
licensee's history of compliance with the Commission's rules and
policies.  Accordingly, we will reduce the amount of the forfeiture from
$5,000 to $3,000.         

     

     5.   IT IS ORDERED, that WTOP License Limited Partnership,
licensee of Station WTOP(AM), Washington, DC, FORFEIT to the
United States the sum of three thousand dollars ($3,000) for the
repeated violation of Section 317 of the Communications Act of 1934,
as amended, and Section 73.1212 of the Commission's Rules.  Payment
of the forfeiture may be made by mailing to the Commission, at the
address indicated in the attachment to the Memorandum Opinion and
Order, a check or similar instrument payable to the Federal
Communications Commission.  In regard to the forfeiture proceeding,
the licensee may take any of the actions set forth in Section 1.80 of the
Commission's Rules.

                         FEDERAL COMMUNICATIONS
COMMISSION




                         Roy J. Stewart
                         Chief, Mass Media Bureau           

Attachment