Click here for Adobe Acrobat version
Click here for Microsoft Word version


This document was converted from Microsoft Word.

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
Microsoft Word or Adobe Acrobat version.


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

In the Matter of                 )
Results Radio Licensee, LLC      )    File No.  EB-02-IH-0134
                                )    NAL/Acct. No. 200232080013 
Licensee of Station KHRD(FM),    )    FRN 0001-5424-55 
Weaverville, California          )    Facility ID # 82720


Adopted:  June 11, 2002                 Released:  June 13, 2002  

By the Chief, Enforcement Bureau:

                        2.   I.  INTRODUCTION

     1.  In  this Notice  of  Apparent Liability  for  Forfeiture 
(``NAL''),  we   find   that   Results   Radio   Licensee,   LLC, 
(``Results'') has  apparently  violated Section  73.1206  of  the 
Commission's rules1 by broadcasting a live telephone conversation 
without first  informing the  party to  the conversation  of  its 
intention to  do  so.  Based  on  our  review of  the  facts  and 
circumstances  in  this  case,   we  conclude  that  Results   is 
apparently liable  for  a  forfeiture  in  the  amount  of  three 
thousand two hundred dollars ($3,200).

                         3.   II.  BACKGROUND

     2.  On February 19, 2002, James T. Davison, an announcer  on 
KRRX(FM), Redding,  California,  submitted a  complaint  alleging 
that Station KHRD(FM), Weaverville, California, violated  Section 
73.1206 of  the Commission's  rules.   Mr. Davison  alleged  that 
KHRD(FM)'s on-air  personality ``Adamic''  had  a man  visit  his 
office with a cellular telephone.   When the phone was handed  to 
Mr. Davison, he was immediately engaged in the conversation  with 
Adamic, and this conversation was recorded and later broadcast by 
KHRD(FM).  Mr. Davison included a tape of the broadcast with  his 
complaint.  According to the complaint, Adamic never informed Mr. 
Davison  of  KHRD(FM)'s  intent  to  record  or  broadcast  their 

     3.  In response to a Commission letter of inquiry,2  Results 
Radio Licensee,  LLC, (``Results''),  the licensee  of  KHRD(FM), 
admitted that during the afternoon of February 14, 2002, KHRD(FM) 
did air  the conversation  at issue  once.  Results  admits  that 
Adamic recorded the  telephone conversation and  broadcast it  on 
the air,  yet did  not inform  Mr. Davison  of his  intention  to 
broadcast the conversation prior to its airing.

     4.  According to  the licensee, Results  places the  highest 
priority on their stations operating in full compliance with  FCC 
and other legal requirements.   Results contends that it  reminds 
its personnel about compliance issues through a number of  means, 
including frequent  management  meetings.  Results  states  that, 
since receipt  of our  letter  of inquiry,  it has  circulated  a 
memorandum to the senior local  managers that plainly sets  forth 
the scope of  Section 73.1206, including  the requirement not  to 
broadcast  (or  record   for  later   broadcast)  any   telephone 
conversation without first obtaining the explicit consent of  any 
other party to the conversation.  Finally, Results states that it 
has not received any FCC  citation or admonishment since it  went 
on the air in 1999.

                        4.   III.  DISCUSSION
         5.  Section 73.1206 of the Commission's rules  provides 
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.3  The Commission has  stated, ``we believe that  there 
is a legitimate expectation of privacy that telephone calls  will 
not be broadcast without the  consent of the parties  involved.''  
In  the  Matter  of  Amendment  of  Section  1206:  Broadcast  of 
Telephone Conversations, 3 FCC Rcd 5461, 5463 (1988).

     6.  In this case, we  find that Results apparently  violated 
     Section 73.1206 of the Commission's rules 
    by broadcasting  Mr. Davison's  conversation without  giving 
him prior notice of its intent to broadcast such conversation.
     7.  Section 503(b)  of the  Communications Act  of 1934,  as 
amended (``Act''),4  and  Section  1.80(a)  of  the  Commission's 
rules,5 each provide that any person who willfully or  repeatedly 
fails to comply with the provisions of the Communications Act  or 
the Commission's rules shall be liable for a forfeiture  penalty.  
For purposes of  Section 503(b)  of the  Communications Act,  the 
term ``willful'' means that the  violator knew it was taking  the 
action in question,  irrespective of  any intent  to violate  the 
Commisson's rules. See  Southern California  Broadcasting Co.,  6 
FCC Rcd 4387, 4387-88 (1991).

     8.  Based on the  evidence before us,  we find that  Results 
broadcast a  conversation  on  February  14,  2002,  in  apparent 
willful violation of Section  73.1206 of the Commission's  rules.  
The  Commission's  Forfeiture  Policy   Statement  sets  a   base 
forfeiture  of  $4,000  for  the  unauthorized  broadcast  of   a 
telephone conversation.  In assessing  a monetary forfeiture,  we 
take into  account the  statutory factors  set forth  in  Section 
503(b)(2)(D) of the Act, 47 U.S.C.  503(b)(2)(D). Those  factors 
include the  nature, circumstances,  extent  and gravity  of  the 
violation, and,  with  respect to  the  violator, the  degree  of 
culpability, any history of prior  offenses, ability to pay,  and 
such other  matters as  justice  may require.6  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of  the 
Commission's Rules, 12 FCC Rcd 17087 (1997).  Taking into account 
Results' prior compliance record, we find that a reduction in the 
base forfeiture amount is warranted.  Based upon these facts  and 
considering all of the circumstances present here, we find $3,200 
to be the appropriate proposed forfeiture amount.

     9.  We commend Results' efforts to remind its management  of 
the obligations of Section 73.1206.  However, Results' subsequent 
remedial efforts do not  alter the fact  that the violation  took 
place or  justify  further  mitigation  or  cancellation  of  the 
proposed forfeiture penalty.  See Station  KGVL, Inc., 42 FCC  2d 
258, 259 (1973).  

                      5.   IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED THAT, pursuant to Section 
503(b) of the Communications Act of 1934, as amended, and Section 
1.80 of the Commission's rules,7 Results Radio Licensee, LLC, is 
amount of three thousand two hundred dollars ($3,200) for 
violating Section 73.1206 of the Commission's rules, which 
prohibits broadcasters from airing telephone conversations 
without first informing the parties to such conversations of 
their intention to do so. 

     11.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the Commission's rules,8  within thirty  days of  this NOTICE  OF 
APPARENT LIABILITY, Results  Radio Licensee, LLC,  SHALL PAY  the 
full amount of the  proposed forfeiture or  SHALL FILE a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

             12.   Payment  of  the forfeiture  may  be  made  by 
mailing a check or  similar instrument, payable  to the order  of 
the Federal Communications  Commission, to Forfeiture  Collection 
Section, Finance Branch, Federal Communications Commission,  P.O. 
Box  73482,  Chicago,  Illinois  60673-7482.   The  payment  MUST 
INCLUDE the FCC  Registration number (FRN)  referenced above  and 
also must note the NAL/Acct. No. referenced above.

     13.  The  response, if  any, must  be mailed  to Charles  W. 
Kelley, Chief, Investigations and Hearings Division,  Enforcement 
Bureau, Federal Communications Commission, 445 12th Street,  S.W, 
Room  3-B443,  Washington,  D.C.  20554  and  MUST  INCLUDE   THE 
NAL/Acct. No. referenced above.

     14.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the respondent  submits: (1)  federal tax  returns for  the  most 
recent  three-year  period;  (2)  financial  statements  prepared 
according to generally accepted accounting practices  (``GAAP''); 
or (3)  some  other  reliable and  objective  documentation  that 
accurately reflects  the respondent's  current financial  status.  
Any claim  of inability  to pay  must specifically  identify  the 
basis for the claim by  reference to the financial  documentation 

     15.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.9  

     16.  IT IS  FURTHER ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall be sent by Certified Mail Return Receipt 
Requested to Jack W. Fritz II, President, Results Radio Licensee, 
LLC, 1355 N. Dutton Avenue, Suite 225, Santa Rosa, CA  95401-7107 
with a copy  to counsel  for Results Radio  Licensee, LLC,  attn: 
William Fitz,  Esquire, Covington  & Burling,  1201  Pennsylvania 
Avenue, N.W., Washington, D.C. 20004-2401.


                         David H. Solomon
                         Chief, Enforcement Bureau


     1 47 C.F.R.  73.1206.

     2 Letter from Charles W. Kelley, Chief, Investigations  and 
Hearings  Division,   Enforcement  Bureau,   to  Results   Radio 
Licensee, LLC, dated March 19, 2002.

     3 47 C.F.R.  73.1206.

     4 47 U.S.C.  503 (b).

     5 47 U.S.C.  1.80 (a).

     6 47  U.S.C.   503(b)(2)(D).   See also  The  Commission's 
Forfeiture Policy Statement and Amendment of Section 1.80 of the 
Rules to  Incorporate  the  Forfeiture Guidelines,  12  FCC  Rcd 
17087, 17100-01 (1997), recon. denied, 15 FCC Rcd 303 (1999). 


     8  Id. 

     9 See 47 C.F.R.  1.1914.