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                            Before the
                Federal Communications Commission
                      Washington, D.C. 20554



Infinity Broadcasting Corp. of Washington, DC     )
                                   )    
Licensee of Radio Station WJFK-FM                      )    
Manassas, Virginia                                               )
                                   )
For a Forfeiture                   )
                                 
                                 

        MEMORANDUM OPINION AND ORDER & FORFEITURE ORDER


   Adopted:  August 19, l999            Released:  August 20, l999

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 before it for consideration (1) a
Notice of Apparent Liability ("NAL"), released April 2, 1999, assessing a forfeiture of $4,000
against Infinity Broadcasting Corp. of Washington, DC (Infinity), licensee of Station WJFK-FM,
for violation of Section 73.1206 of the Commission's Rules and (2) Infinity's  May 13,1999,
response to the Commission's Notice of Apparent Liability requesting that the NAL be
dismissed.

     2.  The NAL assessed a $4,000 forfeiture against Infinity for willful violation of Section
73.1206 of the Commission's Rules by broadcasting a portion of a telephone conversation
between the complainant and her sister without the complainant's knowledge.  The facts of the
case are set forth in detail in the NAL and will not be repeated here.

     3.  In support of its request that the forfeiture be dismissed, Infinity contends that
Station WJFK-FM did not violate Section 73.1206 since the complainant was informed that her
conversation was about to be broadcast before it was aired.  Infinity states that the portion of
the conversation during which the complainant was told that she was placed on "hold," when
she really was not, should not be considered as a separate and distinct segment, and the
requirement of additional notification is not supported by the language of the Rule.  Moreover,
Infinity argues that the Bureau's position represents a novel interpretation of the rule which
"violates fundamental principles of administrative fairness."  We disagree.  The fundamental
purpose of adopting Section 73.1206 is to protect "the legitimate expectations of privacy in
connection with the broadcast use of telephone conversations." Amendment of Section 1206: 
Broadcast of Telephone Conversations, 3 FCC Rcd 5461 at 5463 (1988).  In broadcasting the
sisters' telephone conversation while they were allegedly "on hold" without prior notice,
Station KHTK(AM) did precisely that which the rule prohibits, and in the process abused the
privacy expectation that the rule confers.   

     4.  Infinity also argues that since the broadcast was part of a humorous game show
segment of the program, the complainant should have "expected the unexpected" for the
duration of the conversation.  Again, this is not consistent with Commission interpretation of
Section 73.1206 of the Rules.  A May 18, 1972 Policy Statement was issued specifically to
address the broadcast of telephone conversations during entertainment segments involving
contests or "practical jokes."  This publication states that in such situations, "the results are
sometimes shocking and harmful to a degree not expected, and such results can be avoided by
strict adherence to Section 73.1206 of the Rules." 
35 FCC 2d 940 (1972).  Moreover, in 1988 the Commission specifically reviewed Section 73.1206
to determine whether it should be relaxed to "enhance the entertainment value and audience
appeal of a station's programming."  Amendment of Section 1206, 3 FCC Rcd at 5464.  The
Commission specifically ruled that "we cannot conclude that such enhancement of
programming appeal is sufficiently critical as to justify intruding on individual privacy."  Id. 
Thus, we cannot condone the station's attempt to increase the humor of its segment by
broadcasting a conversation that the parties reasonably believed was private.   

     5.  Accordingly,  Infinity's request that the NAL be dismissed is DENIED, and IT IS
ORDERED THAT pursuant to Section 503(b) of the Communications Act, Infinity Broadcasting
Corp. of Washington, DC, licensee of Station WJFK-FM, Manassas, VA, FORFEIT to the United
States of America the sum of Four Thousand Dollars ($4,000) for the willful violation of Section
73.1206 of the Commission's Rules.  Payment of the forfeiture may be made by mailing a check
or similar instrument payable to the Federal Communications Commission at the address
indicated in the attachment to this Memorandum and Opinion and Order.


                              FEDERAL COMMUNICATIONS COMMISSION




                              Roy J. Stewart, Chief
                              Mass Media Bureau

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