Federal Communications Commission Washington, D.C. 20554 In reply refer to: 1800C1-SP 99040223 9070356 Released: September 29, 1999 CERTIFIED MAIL- RETURN RECEIPT REQUESTED Westcoast Broadcasting, Inc. Licensee, Radio Station KJUG(AM) 717 N. Mooney Boulevard Tulare, CA 93274 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, 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. The Commission received a complaint from Ms. Cinnamon Scheufele alleging that on April 1, l999, a KJUG(AM) announcer, Dave Daniels, telephoned her. He then played back on the air their conversation without informing her of his intent to do so. Specifically, Ms. Scheufele alleges that Mr. Daniels informed her that she had a problem with the IRS as a result of an invalid marriage certificate and that despite the fact that she asked several times if the call was a joke, she was repeatedly assured that it was a serious matter. Based on this complaint, the Commission sent KJUG(AM) a letter of inquiry on June 21, 1999. In Westcoast Broadcasting, Inc.'s ("Westcoast") July 19, 1999, response to the Commission's inquiry, it admits that the station employee got carried away with an April Fool's joke and did not notify the complainant of the station's intention to record and subsequently broadcast portions of the subject conversation. Westcoast also asserts that the employee making the call was reprimanded and all employees of the station have been reminded of the importance of complying with the provisions of Section 73.1206 of the Rules. Westcoast also states that it offered an apology and a dinner for two to Ms. Scheufele. 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 a 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. Based on the evidence before us, it appears that Westcoast willfully violated Section 73.1206 of the Commission's Rules on April 1, 1999. 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. While we recognize that you took remedial action, such action does not alter the fact that the Commission's Rules were violated. Accordingly, pursuant to Section 503 of the Communications Act of 1934, as amended, Westcoast Broadcasting, Inc., licensee of Radio Station KJUG(AM) in Tulare, CA, is hereby advised of its Apparent Liability for Forfeiture in the amount of $4,000 for an apparent willful violation of Section 73.1206 of the Commission's Rules. In regard to this forfeiture proceeding, you are afforded thirty (30) days from the date of this letter "to show in writing, why a forfeiture 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." Other relevant provisions of Section 1.80 of the Commission's Rules are summarized in attachments to this letter. Sincerely, Roy J. Stewart, Chief Mass Media Bureau Enclosure cc: Ms. Cinnamon Scheufele