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

In the Matter of                 )
Citicasters Co.                  )    File No. 00-IH-0283
                                )    NAL/Acct. No. 200132080019

                        FORFEITURE ORDER

   Adopted:  March 30, 2001             Released: April 4, 2001
By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this Forfeiture Order, we find that Citicasters  Co. 
(``Citicasters''), violated section 310(d) of the  Communications 
Act of  1934,  as amended  (``Act''),  47 U.S.C.    310(d),  and 
section  73.3540(a)  of  the  Commission's  rules,  47  C.F.R.   
73.3540(a), by  assuming  control  of  WBTJ(FM),  Hubbard,  Ohio, 
without obtaining prior  Commission approval.   We conclude  that 
Citicasters is liable for a twenty-five thousand dollar ($25,000) 

                         II.  BACKGROUND

     2.   On February  13, 2001,  the Commission,  by the  Chief, 
Enforcement  Bureau,  acting  pursuant  to  delegated  authority, 
issued a Notice of Apparent Liability for Forfeiture (``NAL'') to 
Citicasters, proposing a $25,000 forfeiture.1  We issued the  NAL 
because it  appeared  that  Citicasters had  assumed  control  of 
WBTJ(FM) while acting  as the station's  programmer under a  time 
brokerage agreement (``TBA'').  Citicasters obtained a  temporary 
restraining order that required Stop 26-Riverbend, Inc., licensee 
of WBTJ(FM), to seek prior approval of a state court in  Mahoning 
County,  Ohio  in  order  to  preempt  programming  provided   by 
Citicasters under the  TBA.  Thus, it  appeared that  Citicasters 
had effectively precluded the licensee from exercising its  right 
to substitute programming of greater local or national importance 
or that better  addressed the needs  and interests of  WBTJ(FM)'s 
community of license.  Citicasters' apparent exercise of  control 
over programming, one  of the  three areas  essential to  station 
operation, was sufficient to  find an unauthorized assumption  of 
control.   We  therefore  determined  that  Citicasters'  actions 
appeared to have resulted in a violation of section 310(d) of the 
Act and section 73.3540 of the rules.  

     3.   Pursuant to paragraph 17 of the NAL, we sent the NAL by 
certified mail  to Citicasters'  counsel  of record.  The  return 
receipt reflects  delivery  of  the NAL  on  February  15,  2001.  
Citicasters has not responded to the NAL.

                      III.      DISCUSSION

     4.        Section 310(d) of  the Act  provides in  pertinent 

     No  .  .   .  station  license,   or  any   rights 
     thereunder, shall  be  transferred,  assigned,  or 
     disposed  of   in  any   manner,  voluntarily   or 
     involuntarily,  directly  or  indirectly,  or   by 
     transfer of  control  of any  corporation  holding 
     such permit or license, to any person except  upon 
     application to the Commission and upon finding  by 
     the   Commission   that   the   public   interest, 
     convenience, and necessity will be served thereby.

Similarly, section  73.3540(a)  of  the  Commission's  rules,  47 
C.F.R.  73.3540(a), provides, ``Prior consent of the FCC must be 
obtained for a voluntary assignment or transfer of control.''  As 
detailed in  the NAL,  Citicasters  assumed control  of  WBTJ(FM) 
without  having  received  Commission  authorization  to  do  so.  
Having received nothing  to suggest otherwise,  we conclude  that 
the unauthorized  transfer occurred  and that  imposition of  the 
forfeiture is warranted.

                      IV.  ORDERING CLAUSES

     5.   ACCORDINGLY, IT  IS ORDERED  pursuant  to 47  U.S.C.   
503(b) and 47 C.F.R.   0.111, 0.311 and 1.80, that  Citicasters 
Co. FORFEIT to the United States the sum of twenty-five  thousand 
dollars ($25,000)  for  willfully  and  repeatedly  violating  47 
U.S.C.  310(d) and 47 C.F.R.  73.3540(a).

     6.   Payment of the  forfeiture shall be  made by mailing  a 
check or  money  order,  payable  to the  order  of  the  Federal 
Communications Commission, to the Forfeiture Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois 60673-7482,  within thirty (30) days  of 
the release of this Forfeiture  Order.  See 47 C.F.R.   1.80(h).  
The payment should note the  NAL/Acct. No. referenced above.   If 
the forfeiture is not paid within the period specified, the  case 
may be  referred  to the  Department  of Justice  for  collection 
pursuant to 47 U.S.C.  504.   A request for payment of the  full 
amount of this Forfeiture Order under an installment plan  should 
be sent to: Chief, Revenue and Receivables Operations Group,  445 
12th Street, S.W., Washington, D.C. 20554.2  

     7.   IT IS FURTHER  ORDERED THAT a  copy of this  Forfeiture 
Order shall be sent by Certified Mail Return Receipt Requested to 
Citicasters Co., 50 E. RiverCenter Blvd., 12th Floor,  Covington, 
KY  41011 and  to Citicaster's  counsel, Marissa  G. Repp,  Esq., 
Hogan & Hartson,  L.L.P., 555 13th  Street, N.W., Washington,  DC  


          David H. Solomon
          Chief, Enforcement Bureau

1  See Citicasters Co., DA 01-344 (Enforcement Bureau  Feb. 13, 

2 See 47 C.F.R.  1.1914.