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


In the Matter of                  )
                                 )
                                 )
ABC, INC.                         )   File Nos. EB-02-IH-0554
                                 )   NAL/Acct. No. 200432080009
Licensee of Station WDRQ(FM)      )   FRN 0003-4534-95
Detroit, Michigan                 )   Facility ID # 70040
                                 )
                                 )


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:   December 5, 2003             Released:   December 
8, 2003

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

      1.  In   this  Notice   of   Apparent  Liability   for 
 Forfeiture,  we  find  ABC,  Inc.  (``ABC''),  licensee  of 
 Station WDRQ(FM), Detroit, Michigan,  apparently liable for 
 a  monetary forfeiture  in  the  amount  of  Four  Thousand 
 Dollars ($4,000.00) for  a violation of section  73.1216 of 
 the  Commission's  rules,1  which   requires  licensees  to 
 broadcast fully  and  accurately the  material  terms of  a 
 contest.  We find  that ABC  broadcast a contest,  ``War of 
 the Sexes,''  without  disclosing a  material  term of  the 
 contest, i.e., that the movie prize  passes that it awarded 
 to its contest winners did not guarantee theater admission.  

                      II.   BACKGROUND

      2.  On  June   5,  2002  the  Commission   received  a 
 complaint  filed by  Mr.  Joe  Lucker.   According  to  the 
 complaint, on April 29, 2002, Mr.  Lucker participated in a 
 contest called ``War  of the  Sexes,'' which  was broadcast 
 over Station WDRQ(FM).   During the  contest, one  male and 
 one female caller were selected to answer trivia questions.  
 Mr. Lucker won the contest and was  awarded two movie prize 
 passes to the  premiere showing of the  film ``Spiderman,'' 
 valid only for the evening of May  1, 2002.  Mr. Lucker was 
 unable  to redeem  the  movie  prize  passes on  that  day, 
 however, due to large crowds at the theater that evening.

      3.  On June 25, 2002,  the Investigations and Hearings 
 Division of the Enforcement Bureau sent a letter of inquiry 
 to ABC.2  Because ABC failed to  respond, the Division sent 
 another letter of  inquiry to ABC  on August 9,  2002,3  to 
 which   ABC   responded   on   August   30,   2002.4    The 
 Investigations  and Hearings  Division  sent  a  subsequent 
 letter of inquiry to ABC  requesting additional information 
 on  October 22,  2002.5   ABC  responded  by  letter  dated 
 November 21, 2002.6 

      4.  ABC does not dispute that Mr. Lucker won the movie 
 passes or that  he was unable  to see ``Spiderman''  on the 
 evening of May 1, 2002.7  It argues, however, that WDRQ(FM) 
 personnel informed Mr. Lucker by telephone  when it awarded 
 him the  prize and when  it later  provided him  the passes 
 that admission to the  movie was not guaranteed.   ABC also 
 contends  that  the  passes  themselves  contain  a  legend 
 indicating that  the  admission was  not guaranteed.8   ABC 
 further submits that, even though Mr. Lucker did not get in 
 to see ``Spiderman''  that evening, it offered  him tickets 
 to another  movie  playing  that  night, gave  him  several 
 WDRQ(FM) promotional items,  and purchased tickets  for him 
 to see ``Spiderman'' at a later date.9

      5.  ABC acknowledges  that WDRQ(FM) did  not broadcast 
 announcements in connection  with the ``War of  the Sexes'' 
 promotion indicating  that  prizes of  equal  value may  be 
 substituted or that  the passes  awarded did  not guarantee 
 admission to the  movie.10  ABC  notes that,  subsequent to 
 the incident involving  Mr. Lucker, listeners were  told on 
 the air  about the  limitations of  movie premiere  passes, 
 including the fact  that seating  capacity was  limited and 
 that a  pass  did  not  guarantee admission.   ABC  further 
 relates that  the station  now airs  generic contest  rules 
 that note that the station reserves the right to substitute 
 a prize for  equal or greater  value in the event  that the 
 announcement prize is unavailable.11

      6.  ABC submits that  WDRQ(FM) took several corrective 
 actions to  ensure  that  Mr.  Lucker was  treated  fairly, 
 including offering him tickets to another  movie that night 
 and other promotional items.12    
                       III. DISCUSSION


      7.  Under section 503(b)(1) of the Act, any person who 
 is  determined by  the  Commission  to  have  willfully  or 
 repeatedly failed to comply  with any provision of  the Act 
 or any rule, regulation, or order  issued by the Commission 
 shall  be liable  to  the  United  States  for  a  monetary 
 forfeiture penalty.13  In order to impose such a forfeiture 
 penalty, the  Commission must  issue a  notice of  apparent 
 liability, the  notice  must be  received,  and the  person 
 against  whom the  notice  has  been  issued must  have  an 
 opportunity to  show, in  writing, why  no such  forfeiture 
 penalty should  be  imposed.14   The Commission  will  then 
 issue a forfeiture  if it finds  by a preponderance  of the 
 evidence  that  the  person  has  violated  the  Act  or  a 
 Commission rule.15   As  we  set  forth in  greater  detail 
 below,  we  conclude  under  this  standard   that  ABC  is 
 apparently liable for a forfeiture for its apparent willful 
 and  repeated   violations  of   section  73.1216   of  the 
 Commission's rules.

      8.    Section   73.1216  of  the   Commission's  rules 
 provides: 

     A   licensee   that   broadcasts   or   advertises 
     information  about  a  contest it  conducts  shall 
     fully and  accurately disclose the  material terms 
     of  the contest,  and  shall  conduct the  contest 
     substantially  as  announced  or  advertised.   No 
     contest description shall  be false, misleading or 
     deceptive with respect to any material term.

 Note 1 to that rule provides that the material terms of the 
 contest include ``the extent, nature and  value of prizes'' 
 and ``the basis for  valuation of the prizes.''   Note 2 to 
 the rule states: 

     In general,  the time and manner  of disclosure of 
     the  material terms  of a  contest are  within the 
     licensee's discretion.  However, the obligation to 
     disclose the material terms arises at the time the 
     audience is first told how to enter or participate 
     and  continues  thereafter.   The  material  terms 
     should be disclosed  periodically by announcements 
     broadcast on  the station conducting  the contest, 
     but   need  not   be  enumerated   each  time   an 
     announcement  is sufficient.   In addition  to the 
     required  broadcast  announcements, disclosure  of 
     material  terms may  be  made  in a  non-broadcast 
     manner.

      9.  In this case, it appears that ABC violated section 
 73.1216 of the Commission's rules by  not disclosing during 
 any of its broadcast  announcements a material term  of the 
 ``War of the Sexes'' contest, i.e., the fact that the movie 
 prize passes did  not guarantee  admission to  the theater.  
 Although the contestants were apparently informed after the 
 prizes were awarded that the movie passes did not guarantee 
 admission, ABC's failure to broadcast  fully and accurately 
 the nature and value  of the prize is a  clear violation of 
 the  rule.16  Licensees,  as  public   trustees,  have  the 
 affirmative obligation to  prevent the broadcast  of false, 
 misleading  or   deceptive   contest  announcements.17    A 
 broadcast  announcement  concerning  a  contest  is  false, 
 misleading or  deceptive  ``if the  net  impression of  the 
 announcement has  a  tendency  to mislead  the  public.''18  
 Accordingly,  the  Commission  has   repeatedly  held  that 
 ``licensees  are  `responsible  for  broadcasting  accurate 
 statements as to  the nature  and value of  contest prizes, 
 and will  be held  accountable for  any announcement  which 
 tends  to mislead  the  public.'''19   WDRQ(FM)  admittedly 
 failed to  broadcast the  nature and  value of  its contest 
 prize  -  the fact  that  the  movie  prize  pass  did  not 
 guarantee admission to  the film.  Although  WDRQ(FM) later 
 took remedial  actions, these  actions to  not absolve  ABC 
 from liability and the proposed forfeiture penalty.20   

      10.  Based upon  the evidence before us,  we find that 
 ABC apparently willfully21 violated section  73.1216 of the 
 Commission's  rules.  The  Commission's  Forfeiture  Policy 
 Statement sets a  base forfeiture  amount of  $4,000.00 for 
 failure to  broadcast  fully  and accurately  the  material 
 terms of a contest.22  In assessing the monetary forfeiture 
 amount, we must take into account the statutory factors set 
 forth in Section  503(b)(2)(D) of the Act,23  which 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 other  such  matters  as  justice may  require.   After 
 considering the  record, the  factors contained  in section 
 503(b)(2)(D) of the  Act, 47 U.S.C. 503(b)(2)(D),  and the 
 Forfeiture  Policy Statement,  we  believe  that  a  $4,000 
 forfeiture is appropriate in this case.

                    IV. ORDERING CLAUSES

      11. ACCORDINGLY,  IT IS  ORDERED, pursuant  to section 
 503(b) of the Communications Act of 1934, as amended,24 and 
 sections  0.111,  0.311,  and  1.80   of  the  Commission's 
 rules,25 that ABC, Inc. is hereby  NOTIFIED of its APPARENT 
 LIABILITY FOR  FORFEITURE in  the amount  of Four  Thousand 
 Dollars ($4,000.00) for willfully violating section 73.1216 
 of the Commission's rules. 

      12.  IT  IS FURTHER ORDERED, pursuant  to section 1.80 
 of the Commission's rules, that within  thirty (30) days of 
 the release of this  Notice, ABC, Inc.  SHALL  PAY the full 
 amount of the proposed  forfeiture or SHALL FILE  a written 
 statement seeking reduction or cancellation of the proposed 
 forfeiture.

      13. Payment of the forfeiture may be made by mailing a 
 check or similar  instrument, 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.  
 The payment MUST INCLUDE the FCC  Registration Number (FRN) 
 referenced above  and also  should note  the NAL/Acct.  No. 
 referenced above.

      14. The response, if any, must be mailed to Maureen F. 
 Del  Duca, Chief,  Investigations  and  Hearings  Division, 
 Enforcement Bureau, Federal Communications  Commission, 445 
 12th Street, S.W,  Room 3-B433, Washington, D.C.  20554 and 
 MUST INCLUDE the NAL/Acct. No. referenced above.

      15. 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 submitted.

      16. 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. 
 20554.26

      17. Under the  Small Business Paperwork Relief  Act of 
 2002, Pub L.  No. 107-198, 116  Stat. 729 (June  28, 2002), 
 the FCC is engaged in a two-year tracking process regarding 
 the size  of  entities  involved  in forfeitures.   If  you 
 qualify as a small entity and if you  wish to be treated as 
 a small entity for tracking purposes,  please so certify to 
 us within  thirty (30)  days of  this NAL,  either in  your 
 response to the NAL or  in a separate filing to  be sent to 
 the   Investigations    and   Hearings    Division.    Your 
 certification should indicate  whether you,  including your 
 parent  entity  and  its  subsidiaries,  meet  one  of  the 
 definitions set  forth in  the list  provided by  the FCC's 
 Office of Communications Business  Opportunities (OCBO) set 
 forth in Attachment A of this Notice of Apparent Liability.  
 This information will  be used for tracking  purposes only.  
 Your response or failure  to respond to this  question will 
 have no effect on your rights and responsibilities pursuant 
 to Section 503(b) of  the Communications Act.  If  you have 
 questions regarding  any  of the  information contained  in 
 Attachment A, please contact OCBO at (202) 418-0990.

      18. IT IS FURTHER  ORDERED that a copy  of this Notice 
 shall be sent, by Certified  Mail/Return Receipt Requested, 
 to David  Cohen, Esquire,  at ABC,  Inc., Law  & Regulation 
 Department, 77 West 66th Street; New York, NY 10023.  

                         FEDERAL COMMUNICATIONS COMMISSION


     
                         David H. Solomon
                         Chief, Enforcement Bureau
                                                October 2002
                        ATTACHMENT A


                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any  not-for-profit  enterprise that  is independently  owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of  cities, counties, towns, townships, villages, 
school districts, or 
special  districts,  with a  population  of  less than  fifty 
thousand.


(3)  Small Business
Any   business  concern  that  is   independently  owned  and 
operated and 
is  not dominant in its  field, and meets the  pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                     Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                 Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable   and   Other  Program 
Distribution                      $12.5 Million in Annual 
                                    Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline     Carriers    and 
Service providers 
                                1,500 Employees or Fewer
Local   Exchange   Carriers, 
Competitive           Access 
Providers,     Interexchange 
Carriers,  Operator  Service 
Providers,          Payphone 
Providers, and Resellers

Note:   With  the   exception  of  Cable  Systems,  all  size 
standards  are expressed  in  either millions  of dollars  or 
number  of employees  and  are generally  the average  annual 
receipts  or the  average employment  of a  firm.  Directions 
for   calculating   average  annual   receipts  and   average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.




                   International Services
International      Broadcast 
Stations






                                 $12.5 Million in Annual 
                                    Receipts or Less
International  Public  Fixed 
Radio  (Public  and  Control 
Stations)
Fixed              Satellite 
Transmit/Receive       Earth 
Stations
Fixed  Satellite  Very Small 
Aperture Terminal Systems
Mobile    Satellite    Earth 
Stations
Radio          Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary      Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                             $12 Million in Annual Receipts 
                                         or Less
Low     Power     Television 
Services    and   Television 
Translator Stations
TV     Auxiliary,    Special 
Broadcast  and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio   Auxiliary,   Special 
Broadcast  and Other Program 
Distribution Services
Multipoint      Distribution  Auction Special Size Standard -
Service                       Small  Business  is  less  than 
                             $40M in  annual gross  revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                1,500 Employees or Fewer
220   MHz  Radio  Service  - 
Phase I Licensees
220   MHz  Radio  Service  -  Auction special size standard -
Phase II Licensees            Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             controlling principals)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private  and  Common Carrier 
Paging
Broadband           Personal 
Communications      Services     1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband           Personal  Auction special size standard -
Communications      Services  Small Business is  $40M or less 
(Block C)                     in  annual gross  revenues  for 
                             three previous calendar years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for    the   preceding    three 
                             calendar    years     (includes 
                             affiliates   and   persons   or 
                             entities that hold  interest in 
                             such    entity     and    their 
                             affiliates)
Broadband           Personal 
Communications      Services 
(Block F)
Narrowband          Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground    Radiotelephone 
Service
800  MHz  Specialized Mobile  Auction special size standard -
Radio                         Small Business is  $15M or less 
                             average  annual gross  revenues 
                             for  three  preceding  calendar 
                             years
900  MHz  Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                       N/A
Aviation  and  Marine  Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small    Business   is    1,500 
Public Safety Radio Services  employees or less
                             Small  Government Entities  has 
                             population of less  than 50,000 
                             persons
Wireless    Telephony    and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                     N/A
Offshore      Radiotelephone     1,500 Employees or Fewer
Service
Wireless      Communications  Small Business is  $40M or less 
Services                      average  annual gross  revenues 
                             for three preceding years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction  special size  standard 
                             (1996) -
Multipoint      Distribution  Small Business is  $40M or less 
Service                       average  annual gross  revenues 
                             for  three  preceding  calendar 
                             years
                             Prior to Auction -
                             Small   Business   has   annual 
                             revenue of $12.5M or less
Multichannel      Multipoint 
Distribution Service              $12.5 Million in Annual 
                                    Receipts or Less
Instructional     Television 
Fixed Service
                             Auction  special size  standard 
                             (1998) -
Local             Multipoint  Small Business is  $40M or less 
Distribution Service          average  annual gross  revenues 
                             for three preceding years
                             Very Small Business  is average 
                             gross revenues of  $15M or less 
                             for the preceding three years 
                             First   Auction  special   size 
                             standard (1994) -
                             Small  Business  is  an  entity 
                             that,    together   with    its 
                             affiliates, has no  more than a 
218-219 MHZ Service           $6M   net  worth   and,   after 
                             federal income taxes (excluding 
                             carryover losses)  has no  more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
Satellite   Master   Antenna 
Television Systems                $12.5 Million in Annual 
                                    Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees     Small Business is average gross 
                             revenues  of $15M  or less  for 
                             the   preceding   three   years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                             Very Small Business  is average 
                             gross revenues  of $3M  or less 
                             for the  preceding three  years 
                             (includes    affiliates     and 
                             persons or  entities that  hold 
                             interest  in  such  entity  and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio     and     Television 
Broadcasting   and  Wireless 
Communications     Equipment      750 Employees or Fewer
Manufacturers
Audio  and  Video  Equipment 
Manufacturers
Telephone          Apparatus 
Manufacturers        (Except     1,000 Employees or Fewer
Cellular)
Medical    Implant    Device      500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                     $11.5 Million in Annual 
                                    Receipts or Less
Hotels and Motels              $6 Million in Annual Receipts 
                                         or Less
Tower Owners                  (See Lessee's Type of Business)


_________________________

1 47 C.F.R.  73.1216. 

2 See Letter from  Charles W. Kelley, Chief, Investigations 
and   Hearings   Division,  Enforcement   Bureau,   Federal 
Communications  Commission to  ABC,  Inc.,  dated June  25, 
2002. 

3 See Letter from  Charles W. Kelley, Chief, Investigations 
and   Hearings   Division,  Enforcement   Bureau,   Federal 
Communications  Commission to  ABC, Inc.,  dated August  9, 
2002. 

4 See  Letter from  David Cohen,  Executive Counsel,  Law & 
Regulation,  ABC, Inc.  to  Marlene  H. Dortch,  Secretary, 
Federal  Communications Commission,  dated August  30, 2002 
(hereinafter ``August 30 Response''). 

5 See Letter from  Charles W. Kelley, Chief, Investigations 
and   Hearings   Division,  Enforcement   Bureau.   Federal 
Communication Commission  to ABC,  Inc., dated  October 22, 
2002 (hereinafter ``October 22, 2002'').  

6  See  Letter  of  Inquiry  from  David  Cohen,  Executive 
Counsel, Law & Regulation, ABC, Inc., to Marlene H. Dortch, 
Secretary,   Federal   Communications   Commission,   dated 
November 21, 2002 (hereinafter ``November 21 Response''). 

7 Id. at 5.

8  The  legend  reads:  ``Theatre is  not  responsible  for 
overbooking.   Seating  is  on a  first-come,  first-served 
basis.  No  one will  be admitted once  the film  begins or 
without  a pass.   THIS  PASS ADMITS  ONE.''  (emphasis  in 
original). August 30 Response, Attachment.   

9  November 21 Response at 5. 

10  November  21  Response   at  2.   Indeed,  the  contest 
announcement specifies that ``[p]rizes are non-transferable 
and with  no substitutes.''  The Station's  written contest 
rules similarly so provide.  Id.  

11 November 21 Response at 5. 

12 Id.

13 47  U.S.C.  503(b)(1)(B);  47 C.F.R.   1.80(a)(1); see 
also 47 U.S.C.  503(b)(1)(D) (forfeitures for violation of 
14 U.S.C.   1464).  Section  312(f)(1) of the  Act defines 
willful  as ``the  conscious and  deliberate commission  or 
omission  of  [any]  act,  irrespective of  any  intent  to 
violate'' the law.  47  U.S.C.  312(f)(1). The legislative 
history to section 312(f)(1) of the Act clarifies that this 
definition  of willful  applies  to both  sections 312  and 
503(b)  of the  Act, H.R.  Rep. No.  97-765, 97th  Cong. 2d 
Sess. 51 (1982), and the  Commission has so interpreted the 
term in the section 503(b) context.  See, e.g., Application 
for  Review   of  Southern  California   Broadcasting  Co., 
Memorandum Opinion and  Order, 6 FCC Rcd  4387, 4388 (1991) 
(``Southern California Broadcasting Co.'').  The Commission 
may also assess a forfeiture for violations that are merely 
repeated, and not willful.  See, e.g., Callais Cablevision, 
Inc., Grand  Isle, Louisiana, Notice of  Apparent Liability 
for Monetary Forfeiture, 16 FCC  Rcd 1359 (2001) (issuing a 
Notice  of  Apparent Liability  for,  inter  alia, a  cable 
television    operator's    repeated    signal    leakage).  
``Repeated''  merely means  that the  act was  committed or 
omitted  more  than  once,  or lasts  more  than  one  day.  
Southern California Broadcasting Co., 6  FCC Rcd at 4388,  
5; Callais Cablevision, Inc., 16 FCC Rcd at 1362,  9.    

14 47 U.S.C.  503(b); 47 C.F.R.  1.80(f).

15 See, e.g., SBC  Communications, Inc., Apparent Liability 
for Forfeiture, Forfeiture Order, 17  FCC Rcd 7589, 7591,  
4 (2002) (forfeiture paid). 

16  Although  non-broadcast  disclosures  (such  as  making 
contest rules  available at the  stations and on  the World 
Wide  Web)  can  supplement broadcast  announcements,  they 
cannot act as a substitute for broadcast announcements.  AK 
Media Group, Inc., 15 FCC  Rcd 7541, 7543 (Enf. Bur. 2000); 
Clear Channel Broadcasting Licenses, Inc., 15 RCC Rcd 2734, 
2735 (Enf. Bur. 2000).

17 WMJX, Inc., 48 RR 2d 1339, 1355 (1981).

18  Id. at  1355-56.   ``The Commission  stated in  Eastern 
Broadcasting Corp., 14 FCC  2d 228, 229 (1968):  `Deception 
may  result  from  the  use of  statements  which  are  not 
technically  false or  which may  be literally  true, since 
only  the  relevant  consideration  is the  impact  of  the 
statements to the public.'''  WMJX, Inc., 48 RR 2d at 1355-
56 &  n.82.  Moreover,  licensees will be  held accountable 
for  broadcasting  ambiguous  contest rules  that  tend  to 
mislead the public.  Id. at 1357 & n. 81.

19 Citicasters Co.,  15 FCC Rcd 16612,  16613-14 (Enf. Bur. 
2000) (quoting WMJX, Inc., 48 RR 2d at 1357); Clear Channel 
Broadcasting Licenses,  Inc., 15  FCC Rcd 2734,  2735 (Enf. 
Bur. 2000) (same).

20  See AT&T  Wireless Services,  Inc., 17  FCC Rcd  21866, 
21871 (2002); see  also Station KVGL, Inc., 42  FCC 2d 258, 
259 (1973).

21 Section  312(f)(1) of  the Act,  47 U.S.C.   312(f)(1), 
which applies to  Section 503(b) of the  Act, provides that 
``[t]he  term `willful',  when used  with reference  to the 
commission or omission of any  act, means the conscious and 
deliberate commission or omission of such act, irrespective 
of any intent  to violate any provision of  this Act ....''  
See Southern  California Broadcasting  Co., 6 FCC  Rcd 4387 
(1991).

22  The   Commission's  Forfeiture  Policy   Statement  and 
Amendment of Section  1.80 of the Rules  to Incorporate the 
Forfeiture  Guidelines, 12  FCC  Rcd  17087, 17113  (1997), 
recon. denied  15 FCC  Rcd 303 (1999)  (``Forfeiture Policy 
Statement''); 47 C.F.R.  1.80(b).

23 47 U.S.C.  503(b)(2)(D).

24 47 U.S.C.  503(b).

25 47 C.F.R.  0.111, 0.311 and 1.80.

26 See 47 C.F.R.  1.1914.