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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission Washington, D.C. 20554 April 14, 1999 In reply refer to: 1800C1-MP 98060166 98060157a Released: April 16, 1999 CERTIFIED MAIL -- RETURN RECEIPT REQUESTED American General Media Corporation Licensee of Station KISV(FM) P.O. Box 2700 Bakersfield, CA 93303 Dear Licensee: This letter constitutes a Notice of Apparent Liability for a Forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended (the "Communications Act"), for violation of Section 73.1206 of the Commission's Rules. This action is taken under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules. Section 73.1206 of the Commission's Rules provides, in pertinent part, 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. 47 C.F.R.  73.1206. The Commission received a complaint filed on behalf of Lisa Carroll and Francine Fuentes, alleging that Station KISV(FM), Bakersfield, CA, violated Section 73.1206 of the Commission's Rules. Specifically, the complaint alleges that on May 20, 1998, "The Baka Boyz" program aired on Station KISV broadcast the telephone conversations of Ms. Carroll and Ms. Fuentes without first informing them of an intent to do so. In July 1998, the Commission sent a letter of inquiry to American General Media Corporation ("American General"), the licensee of Station KISV(FM). In August 1998, American General responded to our inquiry, acknowledging that KISV did broadcast the conversations at issue. American General states, however, that "The Baka Boyz" program was broadcast pursuant to a Radio Program License Agreement which required KISV to broadcast the program in its entirety. Moreover, American General claims that the on-air personalities involved were not station employees, that it had no authority over them and that it could not establish guidelines for "The Baka Boyz" program. In addition, it argues that the conversations with Ms. Carroll and Ms. Fuentes were inadvertently broadcast because they happened to answer the telephone and that both conversations were brief. Finally, American General states that it no longer carries the program, in part because of this incident, and that it has now provided station employees and contractors with a written policy statement regarding compliance with Section 73.1206 of the Commission's Rules. The Commission consistently has held that a station licensee is responsible for the content of any material broadcast on its station regardless of its source. Accordingly, although "The Baka Boyz" program was aired pursuant to a programming agreement and the air personalities were not employees of Station KISV, American General is responsible for any violations of the Commission's rules which occurred during that program. Moreover, the length of the broadcast is irrelevant for purposes of determining compliance with Section 73.1206 of our rules, as is the fact that complainants' conversations were broadcast only because they happened to answer the telephone. Finally, the station's corrective measures of discontinuing the program and instructing its staff and contractors regarding compliance with Section 73.1206, does not negate the fact that a rule violation occurred. Based on the evidence before us, it appears that American General willfully violated Section 73.1206 of the Commission's Rules on May 20, 1998. The guidelines contained in the Commission's Forfeiture Policy Statement, 12 FCC Rcd 17087 (1997), which became effective on October 14, 1997, specify a base forfeiture amount of $4,000 for the unauthorized broadcast of a telephone conversation. Accordingly, pursuant to Section 503 of the Communications Act, American General Media Corporation, Licensee of Station KISV(FM), Bakersfield, CA, is hereby advised of its Apparent Liability for Forfeiture in the amount of $4,000 for willful and repeated violations of Section 73.1206 of the Commission's Rules. In regard to this forfeiture proceeding, you are afforded a period of thirty (30) days from the date of this letter "to show, in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent." 47 C.F.R.  1.80(f)(3). Other relevant provisions of Section 1.80 of the Commission's Rules are summarized in the attachment to this letter. Sincerely, Roy J. Stewart, Chief Mass Media Bureau Enclosure cc: Howard M. Liberman, Esq. Harold K. McCombs, Jr., Esq. Ms. Lisa Carroll Ms. Francine Fuentes