************************************************************************* NOTICE ********************************* *********************** This document was converted from WordPerfect to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ********************************* ******************************** Federal Communications Commission Washington, D.C. 20554 May 17, 1999 In reply refer to: 1800C1-GU 99020321 Released: May 18, 1999 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Sinclair Radio of Greenville Licensee, Inc. Licensee, WFBC-FM, Greenville, South Carolina 2000 West 41st Street Baltimore, MD 21211 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, under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules. The Commission received a complaint alleging that on October 26, 1998, Skip Church, a disc jockey at Station WFBC-FM, Greenville, South Carolina, telephoned Creative Loafing, a weekly newspaper, and spoke to the managing editor about an item concerning WFBC-FM that had appeared in the paper's "Upstate's Best" issue. Allegedly, that conversation was subsequently broadcast by Station WFBC-FM. The managing editor contends that at no time during the conversation did Skip Church inform him that the call was being broadcast or being taped for later broadcast. The Commission sent a letter of inquiry dated January 20, 1999, to Sinclair Radio of Greenville Licensee, Inc. ("Sinclair"), licensee of Station WFBC-FM. In Sinclair's February 9, 1999, response to our inquiry, it states that the above-mentioned conversation took place off the air but was recorded for later broadcast. Sinclair asserts that Mr. Church believes he identified himself but does not recall whether he informed the author that the call was being recorded for later broadcast. Sinclair further admits that some or all of the conversation was subsequently played over the air. Sinclair explains that, subsequent to the incident, Mr. Church was reminded of Section 73.1206 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. In light of the complainant's certainty that he received no notification that the conversation between him and Skip Church was being broadcast or being taped for later broadcast and the station's inability to assert that notification was given, we conclude that Sinclair willfully violated Section 73.1206 of the Commission's Rules on October 26, 1998, when Station WFBC-FM recorded and subsequently broadcast the conversation with Creative Loafing's managing editor without first informing him of the station's intent to do so. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Sinclair Radio of Greenville Licensee, Inc., licensee of Station WFBC-FM, Greenville, South Carolina, is hereby advised of its Apparent Liability for a forfeiture of Four Thousand Dollars ($4,000) for its apparent willful violation of Section 73.1206 of the Commission's Rules. The amount specified was determined in accordance with the Commission's forfeiture guidelines. See In the Matter of The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997). 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. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau Attachments cc: Complainant Kathryn R. Schmeltzer, Esquire