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



In the Matter of                  )     
                                  )     
AMFM Radio Licenses, L.L.C.       )     File No. EB-02-DV-439
Licensee of FM Radio Station KBIG-FM    )    NAL/Acct.        No. 
200432100001
Los Angeles, California           )     FRN 0001656586
Facility ID # 6360                )     
                                  )
Radio One Licenses, LLC           )     NAL/Acct.             No. 
200432100002
Licensee of FM Radio Station KKBT )     FRN 0006541486
Los Angeles, California           )
Facility ID # 70038               )
                                  )
Infinity Broadcasting Operations, Inc.  )    NAL/Acct.        No. 
200432100003
Licensee of FM Radio Station KRTH-FM    )         FRN 0003476074
Los Angeles, California           )
Facility ID # 28631               )
                                  )
Telemundo of Los Angeles License Corporation )    NAL/Acct.   No. 
200432100004
Licensee of TV Station KWHY-TV    )     FRN 0004294179
Los Angeles, California           )
Facility ID # 26231               )
                                

           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

 Adopted:  October 20, 2003                  Released:  October 
22, 2003
                                             
By the Commission:

                        I.   Introduction

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we  find that  the  captioned licensees  of  broadcast 
stations operating from  the Mt. Wilson  transmitter site in  Los 
Angeles, California, apparently willfully and repeatedly violated 
Section 1.1310 of the Commission's Rules (``Rules'')1 by  failing 
to  comply  with  radio  frequency  radiation  (``RFR'')  maximum 
permissible exposure limits applicable to facilities, operations, 
or transmitters.  We conclude, pursuant to Section 503(b) of  the 
Communications Act  of 1934,  as  amended (``Act''),2  that  AMFM 
Radio Licenses, L.L.C. (``AMFM''),  licensee of FM radio  station 
KBIG-FM, Radio One Licenses, LLC (``Radio One''), licensee of  FM 
radio  station  KKBT,  Infinity  Broadcasting  Operations,   Inc. 
(``Infinity''),  licensee  of  FM  radio  station  KRTH-FM,   and 
Telemundo of  Los  Angeles License  Corporation  (``Telemundo''), 
licensee  of  TV  station  KWHY-TV,  all  serving  Los   Angeles, 
California, are each apparently liable for a separate  forfeiture 
in the amount of ten thousand dollars ($10,000).  



                         II.  Background

     2.   The RFR  Rules.  In  1996, the  Commission amended  its 
rules to adopt new guidelines  and procedures for evaluating  the 
environmental effects of  RFR from  FCC regulated  transmitters.3  
The Commission  adopted  maximum permissible  exposure  (``MPE'') 
limits for electric and magnetic field strength and power density 
for transmitters operating on towers at frequencies from 300  kHz 
to 100 GHz.4  These  MPE limits, which are  set forth in  Section 
1.1310     of     the      Rules,     include     limits      for 
``occupational/controlled'' exposure  and  limits  for  ``general 
population/uncontrolled'' exposure.   The  occupational  exposure 
limits apply  in situations  in which  persons are  exposed as  a 
consequence of their employment provided those persons are  fully 
aware of the potential for exposure and can exercise control over 
their exposure.5  The limits of occupational exposure also  apply 
in situations where an individual is transient through a location 
where the occupational limits apply,  provided that he or she  is 
made aware of  the potential  for exposure.   The more  stringent 
general population or public exposure limits apply in  situations 
in which the general public may  be exposed, or in which  persons 
that are exposed as a consequence of their employment may not  be 
fully aware  of the  potential for  exposure or  cannot  exercise 
control  over   their  exposure.6    Licensees  can   demonstrate 
compliance by  restricting  public  access  to  areas  where  RFR 
exceeds the public MPE limits.7 

     3.   The MPE limits specified in  Table 1 of Section  1.1310 
are used to evaluate the  environmental impact of human  exposure 
to  RFR  and  apply   to  ``...all  facilities,  operations   and 
transmitters regulated by the Commission.''8  Further, the  FCC's 
rules  require  that  if  the  MPE  limits  are  exceeded  in  an 
accessible area due  to the emissions  of multiple  transmitters, 
that actions necessary  to bring the  area into compliance  ``are 
the shared responsibility  of all  licensees  whose  transmitters 
produce, at  the  area in  question,  power density  levels  that 
exceed 5% of the power density exposure limit applicable to their 
particular transmitter.''9  The 5% threshold applies to the power 
density limit  or to  the square  of electric  or magnetic  field 
strength limit.10     If  the  MPE  limits  are  exceeded  at  an 
accessible area, all stations that produce a power density  level 
exceeding 5% of  the power density  exposure limit applicable  to 
its  particular  transmitter  at   that  accessible  area   share 
responsibility to correct the problem.11      

     4.   Broadcast  stations  that   filed  applications   after 
October 15, 1997,  for an initial  construction permit,  license, 
renewal or modification of an  existing license were required  to 
demonstrate compliance with the new RFR MPE limits, or to file an 
Environmental Assessment  and  undergo  environmental  review  by 
Commission  staff.12   In   addition,  all  existing   licensees, 
including all  licensees  at  multiple  transmitter  sites,  were 
required to come into compliance with  the new RFR MPE limits  by 
September 1, 2000, or to file an Environmental Assessment.13

     5.   The Mt. Wilson  Inspection.  On July  11 and 12,  2002, 
agents from the FCC's Enforcement Bureau field offices  conducted 
an inspection of  the Mt. Wilson  telecommunications and  antenna 
farm site located northeast of downtown Los Angeles,  California, 
off Highway  2, on  Mt.  Wilson (5710  ft.)  in the  San  Gabriel 
Mountains.  The main  antenna farm, encircled  by Video Road,  is 
not fully fenced or gated.  Agents  were able to access the  site 
without encountering protective fencing or warning signs on  July 
11, 2002 on three sides of the area and on two sides of the  area 
on July 12, 2002.  Nestled  within the broadcast towers on  Video 
Road is the Mt. Wilson  United States Post Office (91023),  which 
serves the Mt.  Wilson area.  Approximately  330 yards  southeast 
from the United  States Post Office  is the entrance  to the  Mt. 
Wilson Observatory and Park, which receives thousands of visitors 
a year. 

     6.   The agents identified  a 10 ft.  by 100 ft.  area on  a 
driveway into the  main antenna  farm located off  Video Road  on 
July 11,  2002, that  exceeded  the FCC's  public MPE  limits  at 
ground level.   The  identified area  on  the driveway  was  only 
approximately 100  feet  from  the  United  States  Post  Office, 
accessible to  the general  public and  not marked  with any  RFR 
warning signs.   On  July 11,  2002,  agents made  power  density 
measurements throughout the identified area on the driveway  that 
ranged from 152.5% to 197.5% of the public RFR MPE limit.   Thus, 
conservatively, the RFR  fields exceeded the  MPE limits for  the 
general population by 50%.

     7.   After identifying and marking the area on the  driveway 
exceeding the RFR MPE public limits, the agents observed a broken 
chain on the ground to one side of the entrance to the  driveway, 
on top of a weathered and damaged ``No Trespassing'' sign.   Just 
prior to the time the agents departed that area of the Mt. Wilson 
antenna farm on July 11, an engineer from one of the stations  at 
the site repaired the chain,  strung it across the driveway,  and 
placed a  RFR  warning  sign on  the  chain.   Several  broadcast 
station engineers familiar with the  site admitted to FCC  agents 
that the chain had  not been attached for  several days prior  to 
the inspection on July 11 and most likely had been taken down  by 
contractors working for licensees at the site.  

     8.   On July 12,  2002, FCC agents  with the cooperation  of 
all the broadcasters  at the Mt.  Wilson antenna farm,  conducted 
additional measurements  at the  area  marked and  identified  as 
exceeding the public RFR  MPE limits.14  Although  on July 11  an 
engineer from one of the stations at the site repaired the  chain 
and strung it  across the  driveway, Commission  agents noted  on 
July 12  that the  area   exceeding the  public limit  was  still 
accessible to the general public exiting from the Post Office and 
did not have RFR warning signs posted.  Specifically, agents were 
able to access the  site without encountering protective  fencing 
or warning signs on July 11, 2002 on three sides of the area  and 
on two sides of the area on  July 12, 2002.  The agents marked  a 
single spot in  the middle of  the approximately 10  feet by  100 
feet area  identified on  July  11 as  exceeding the  MPE  public 
limits and made RFR  measurements with all stations  transmitting 
to establish the overall power density level.  Field agents  then 
requested each licensee in the vicinity of the identified area to 
temporarily and sequentially power  down its transmitter.   Field 
agents made two spatially averaged RFR power density measurements 
of each of the  21 broadcast stations  while its transmitter  was 
powered off to determine the power density level produced by each 
transmitter and to  determine which  transmitters were  producing 
power density levels that exceeded  5% or more of its  individual 
MPE limit  at  the identified  area.15   The on-air  and  off-air 
measurements indicated that  four of the  21 stations within  the 
vicinity were  producing power  density levels  at  significantly 
more than  5%  of  the  public MPE  limits  applicable  to  their 
transmitter.16  

     9.   On July 12, 2002, agents selected a single area on  the 
driveway from  which  they took  all  of the  measurements.   The 
overall RFR power density measurement on the driveway was  160.5% 
of the MPE public limit  with all stations in operation.17   When 
KBIG-FM went off the air, the RF level decreased to 78.75% of the 
MPE public limit  indicating that KBIG-FM  was producing a  power 
density  level that  was  81.75  %  of  the  MPE  limit  for  its 
particular transmitter.  Based on these measurements and  further 
calculations, the power density level produced by station KBIG-FM 
was 0.1635  mW/cm2.  Based  upon similar  procedures, FM  station 
KKBT was producing a power density level that was 11% of the  MPE 
limit for its  particular transmitter (a  power density of  0.022 
mW/cm2), FM station KRTH-FM was  producing a power density  level 
that was 11.75% of the  MPE limit for its particular  transmitter 
(a power density of  0.0235 mW/cm2), and  TV station KWHY-TV  was 
producing a power density level that  was 10.5% of the MPE  limit 
for its particular transmitter (a power density of 0.036  mW/cm2) 
to the total RFR in the  area identified as exceeding the  public 
RFR MPE limits. 18  



Station      MHz          FCC MPE      Power        % of FCC MPE 
                         Limit        Density      Limit 
                                      Produced by  Produced by 
                                      Station      Station 
                                      Transmitter  Transmitter 

KBIG-FM      104.3        0.2 mW/cm2   0.1635       81.75%
                                      mW/cm2

KKBT         100.3        0.2 mW/cm2   0.022        11%
                                      mW/cm2

KRTH-FM      101.1        0.2 mW/cm2   0.0235       11.75%
                                      mW/cm2

KWHY-TV      518          0.35         0.036        10.5%
                         mW/cm2       mW/cm2




                        III.  Discussion

     10.  Section 503(b) of the Act provides that any person  who 
willfully or repeatedly  fails to comply  substantially with  the 
terms and conditions of any  license, or willfully or  repeatedly 
fails to comply with any of the  provisions of the Act or of  any 
rule, regulation or  order issued by  the Commission  thereunder, 
shall be liable for a  forfeiture penalty.  The term  ``willful'' 
as used in  Section 503(b)  has been interpreted  to mean  simply 
that the acts  or omissions are  committed knowingly.19 The  term 
``repeated'' means the  commission or omission  of such act  more 
than once or for more than one day. 20

     11.  Section 1.1310  of  the  Rules  requires  licensees  to 
comply with RFR exposure limits.21  Table 1 in Section 1.1310  of 
the Rules  provides  that  the  general  population  RFR  maximum 
permissible  exposure  limit  for  a  station  operating  in  the 
frequency range of  30 MHz  to 300 MHz  is 0.200  mW/cm2 and  the 
general population RFR maximum  permissible exposure limit for  a 
station operating in the frequency range  of 300 MHz to 1500  MHz 
is f/1500 mW/cm2  or for  station KWHY-TV which  operates on  518 
MHz, 0.345 mW/cm2.  Section 1.1307(b)(3)  of the Rules states  in 
part that ``when the guidelines  specified in Section 1.1310  are 
exceeded in an accessible area due to the emissions from multiple 
fixed transmitters,  actions necessary  to  bring the  area  into 
compliance are the shared  responsibility of all licensees  whose 
transmitters produce,  at the  area  in question,  power  density 
levels that  exceed  5%  of  the  power  density  exposure  limit 
applicable to their particular transmitter.'' 22

     12.  On  July  11  and  12,  2002,  FCC  agents  found  four 
broadcast   stations   transmitting    from   the   Mt.    Wilson 
communications and antenna farm site that produced  significantly 
over 5% to a RF field in a publicly accessible area that exceeded 
the public RFR  MPE limits by  60.5%.  Each of  the licensees  of 
these four stations was required  to ensure that by September  1, 
2000, their stations were in  compliance with the RFR MPE  limits 
adopted by  the  Commission in  1996,  or file  an  Environmental 
Assessment.   Licensees  also  bear  responsibility  to  restrict 
access to  areas that  exceed the  RFR limits  or to  modify  the 
facility and operation  so as  to bring  the station's  operation 
into compliance with the RFR  exposure limits prior to public  or 
worker access to the impacted area.23    

     13.  At the time of inspections on July 11 and 12, 2002,  no 
Environmental Assessments were  on file with  the Commission  for 
any of the four  stations.  The main  antenna site that  included 
the area found to exceed the  public MPE limits was not  enclosed 
within protective  fencing.   A  United States  Post  Office  was 
located 100 ft. from the noncompliant area.  On July 11, 2002, no 
RFR  warning  signs   were  found  in   the  immediate   vicinity 
demarcating the area exceeding the  FCC's public RFR MPE  limits.  
Although fences did  surround the bases  of broadcast towers  and 
some did have RFR warning signs, the area where RFR was found  to 
exceed the public MPE limits  was not encompassed within a  fence 
or properly demarcated with RFR warning signs.  On July 11, 2002, 
agents inspecting the site found a broken chain and battered ``No 
Trespassing'' sign lying in a pile and unattached at the side  of 
the driveway.  In addition, on both days, Commission agents found 
that the area exceeding  the public limit  was accessible to  the 
general public exiting from the Post Office and did not have  RFR 
warning signs posted.  The overall  lack of controlled access  to 
the area and the unmarked and unrestricted access observed by the 
Commission agents at the time of inspection made areas inside the 
broken chain,  including the  area found  to exceed  the  limits, 
publicly accessible and thus held to the Commission's public  MPE 
limits.  We  find  that the  licensees  did not  restrict  public 
access to areas where RFR exceeded the public MPE limits.  

     14.   Given that the area found to exceed the public  limits 
was unrestricted, unmarked, in very  close proximity to a  United 
States Post Office, and in the general vicinity of the Mt. Wilson 
Observatory and Park, all licensees found producing power density 
levels significantly greater than 5%  of the FCC's public  limits 
for its particular transmitter in this area share  responsibility 
to  ensure  compliance  with  the  limits.   Based  on  the   RFR 
measurements conducted  on  July 11  and  12, 2002,  by  the  FCC 
agents, we find  that the  operation of  stations KBIG-FM,  KKBT, 
KRTH-FM, and KWHY-TV each produced significantly more than 5%  of 
its particular MPE limit in an accessible area that exceeded  the 
public MPE  limits.   Specifically, KBIG-FM  contributed  81.75%, 
KKBT produced  11%, KRTH-FM produced 11.75%, and KWHY-TV produced 
10.5% of the applicable limits in this area. 

     15.  Based on  the  evidence,  we  find  that  each  of  the 
captioned licensees  willfully  and repeatedly  violated  Section 
1.1310 of  the  Rules  on  July 11  and  12,  2002  by  producing 
significantly in  excess of  5%  of the  RFR  MPE limit  for  its 
particular transmitter  in a  publicly accessible  area found  to 
exceed the public  RFR MPE  limits and by  failing to  adequately 
take measures to  prevent the  public from  accessing areas  that 
exceeded the RFR  exposure limits.   We also find  that the  four 
licensees violated our rules by failing to file any Environmental 
Assessment statements  with  the  Commission  although  each  was 
required to do so by September 1, 2000.24

     16.  The  Commission's  Forfeiture   Policy  Statement   and 
Amendment of  Section 1.80(b)  of the  Rules to  Incorporate  the 
Forfeiture Guidelines  (``Forfeiture Policy  Statement'')25  does 
not specify a base  forfeiture for violation  of the RFR  maximum 
permissible exposure  limits in  Section 1.1310.26   However,  we 
recently determined that  an appropriate  base forfeiture  amount 
for violation of the RFR MPE limits is $10,000, noting the public 
safety nature of the rules.27  

     17.  We propose the $10,000  base forfeiture amount to  each 
station that produced power density levels significantly over the 
5% threshold.  In this case, each of the four identified stations 
apparently failed to  comply with  Section 1.1310  of the  Rules, 
failed to take  measures to  adequately prevent  the public  from 
accessing areas  that  exceeded  the  RFR  exposure  limits,  and 
produced power density levels significantly  more than 5% to  the 
RFR   exposure   level   exceeding   the   public   MPE   limits.  
Consequently, it is appropriate  to hold each station  apparently 
liable for a $10,000 forfeiture.  

     18.  In assessing the  proposed monetary forfeiture  amount, 
we must also take into account the statutory factors set forth in 
Section 503(b)(2)(D)  of the  Act,28  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.  For each  of the four stations, we  believe 
that  the  seriousness  of  the  safety  violation  warrants  the 
proposed  forfeiture  amount  of  $10,000  each.     Accordingly, 
applying the Forfeiture Policy Statement and statutory factors to 
the instant  case, we  conclude that  AMFM, licensee  of  station 
KBIG-FM, Radio  One,  licensee  of  FM  station  KKBT,  Infinity, 
licensee of station KRTH-FM,  and Telemundo, licensee of  station 
KWHY-TV, are each apparently liable for a $10,000 forfeiture  for 
a total combined apparent liability for forfeiture in the  amount 
of $40,000.

     19.  On September  3,  2003,  a  field  agent  conducted  an 
inspection of the  Mt. Wilson  site and found  that the  stations 
subsequently installed  additional  fencing  and  warning  signs.  
However, the field agent discovered that a gate leading to one of 
the entrances to the site was standing open.  Thus, although  the 
stations have  installed additional  fencing and  warning  signs, 
they failed to  exercise due diligence  in restricting access  to 
areas that exceeded  the public MPE  limits.  Accordingly,  AMFM, 
Radio One, Infinity,  and Telemundo are  each hereby directed  to 
file, within 30 days of the release of this NAL, sworn statements 
describing their plans to ensure that the fences surrounding  the 
area are shut and that the gates are locked.  The statements must 
be filed either with their  responses to this NAL, or  separately 
if  they  do  not  respond  (e.g.,  if  they  pay  the   proposed 
forfeitures).  

                      IV.  Ordering Clauses

     20.  Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of the  Act, and Sections  0.111, 0.311, and  1.80 of  the 
Rules,29 AMFM Radio Licenses, L.L.C., licensee of station KBIG-FM 
IS hereby NOTIFIED of this APPARENT LIABILITY FOR A FORFEITURE in 
the amount of  ten thousand dollars  ($10,000) for willfully  and 
repeatedly violating Section 1.1310 of the Rules.

     21.  IT IS FURTHER ORDERED THAT, pursuant to Section  503(b) 
of the Act  and Sections  0.111, 0.311,  and 1.80  of the  Rules, 
Radio One Licenses, LLC,  licensee of FM  station KKBT IS  hereby 
NOTIFIED of  this  APPARENT LIABILITY  FOR  A FORFEITURE  in  the 
amount of  ten  thousand  dollars  ($10,000)  for  willfully  and 
repeatedly violating Section 1.1310 of the Rules.

     22.  IT IS FURTHER ORDERED THAT, pursuant to Section  503(b) 
of the Act,  and Sections 0.111,  0.311, and 1.80  of the  Rules, 
Infinity Broadcasting Operations, Inc., licensee of station KRTH-
FM,  IS  hereby  NOTIFIED  of  this  APPARENT  LIABILITY  FOR   A 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willfully and repeatedly violating Section 1.1310 of the Rules.

     23.  IT IS FURTHER ORDERED THAT, pursuant to Section  503(b) 
of the Act,  and Sections 0.111,  0.311, and 1.80  of the  Rules, 
Telemundo of Los Angeles License Corporation, licensee of station 
KWHY-TV, IS  hereby  NOTIFIED of  this  APPARENT LIABIITY  FOR  A 
FORFEITURE in the  amount of ten  thousand dollars ($10,000)  for 
willfully and repeatedly violating Section 1.1310 of the Rules.

     24.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the FCC's Rules, within thirty days  of the release date of  this 
NOTICE OF APPARENT LIABILITY, AMFM Radio Licenses, L.L.C.,  Radio 
One Licenses, LLC,  Infinity Broadcasting  Operations, Inc.,  and 
Telemundo of Los Angeles License Corporation, SHALL EACH PAY  the 
full amount  of the  individually proposed  forfeitures or  SHALL 
EACH FILE a written  statement seeking reduction or  cancellation 
of the proposed forfeiture.

     25.  IT IS  FURTHER  ORDERED THAT,  within  30 days  of  the 
release of this  Notice of Apparently  Liability for  Forfeiture, 
AMFM Radio Licenses,  L.L.C., Radio One  Licenses, LLC,  Infinity 
Broadcasting Operations,  Inc.,  and  Telemundo  of  Los  Angeles 
License  Corporation,  SHALL  EACH  FILE  a  sworn  statement  in 
accordance with paragraph 19 above.

     26.  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 appropriate FCC Registration  Number (FRN) and the  NAL/Acct. 
No. referenced in the caption. 

     27.  The response, if any, and the statements referenced  in 
paragraph 19 above, must be mailed to the Federal  Communications 
Commission, Enforcement  Bureau, Spectrum  Enforcement  Division, 
445 12th Street, S.W., Washington,  D.C. 20554, and must  include 
the appropriate NAL/Acct. No. referenced in the caption.

     28.  The Commission will not consider reducing or  canceling 
a forfeiture in response  to a claim of  inability to pay  unless 
the petitioner 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 petitioner'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.

     29.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivable  Operations Group,  445  12th 
Street, S.W., Washington, D.C. 20554.30

     30.  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 Spectrum Enforcement  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.

     31.  IT IS FURTHER  ORDERED THAT  a copy of  this NOTICE  OF 
APPARENT LIABILITY shall  be sent  by First  Class and  Certified 
Mail, Return Receipt Requested,  to AMFM Radio Licenses,  L.L.C., 
2625 S.  Memorial Drive,  Suite  A, Tulsa,  OK 74129;  Radio  One 
Licenses, LLC, 5900 Princess  Garden Parkway, 8th Floor,  Lanham, 
MD 20706; Infinity Broadcasting Operations, Inc., 2000 K  Street, 
NW, Suite 725, Washington, DC 20006; and Telemundo of Los Angeles 
License Corporation, 2290 West Eight Avenue, Hialeah, FL 33010.

                                FEDERAL COMMUNICATIONS 
COMMISSION



                                Marlene H. Dortch
                                Secretary                                                  October 2002


    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 C.F.R. 121.104 and 13 C.F.R.  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 
Service                       Standard -
                                  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 
Phase II Licensees            standard -
                                  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 
Communications Services       standard -
(Block C)                          Small Business is $40M or 
                             less 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          1,500 Employees or Fewer
Service
    Air-Ground 
Radiotelephone Service
    800 MHz Specialized           Auction special size 
Mobile Radio                  standard -
                                  Small Business is $15M or 
                             less average annual gross 
                             revenues for three preceding 
                             calendar years
    900 MHz Specialized 
Mobile Radio
    Private Land Mobile           1,500 Employees or Fewer
Radio
    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      employees or less
Services                           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 
Services                      less 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 
Service                       less 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 
Distribution Service          less 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            1,500 Employees or Fewer
Licensees
    24 GHz - Future               Small Business is average 
Licensees                     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           $18 Million in Annual 
Services                      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.  1.1310.

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

3   Guidelines  for  Evaluating  the  Environmental  Effects   of 
Radiofrequency Radiation, Report and Order, ET Docket No.  93-62, 
11 FCC Rcd 15123 (1996), recon. granted in part, First Memorandum 
Opinion and Order,  11 FCC  Rcd 17512 (1996),  recon. granted  in 
part, Second Memorandum Opinion and Order and Notice of  Proposed 
Rulemaking, 12 FCC Rcd 13494 (1997) (``Guidelines''). 

4  See 47 C.F.R.  1.1310, Table 1.  The MPE limits are generally 
based  on  recommended  exposure  guidelines  published  by   the 
National  Council  on   Radiation  Protection  and   Measurements 
(``NCRP'') in  ``Biological  Effects and  Exposure  Criteria  for 
Radiofrequency Electromagnetic  Fields,''  NCRP  Report  No.  86, 
Sections 17.4.1, 17.4.1.1.,  17.4.2, and 17.4.3  (1986).  In  the 
frequency range from 100 MHz to 1500 MHz, the MPE limits are also 
generally based on guidelines contained in the RF safety standard 
developed  by  the  Institute   of  Electrical  and   Electronics 
Engineers, Inc. (``IEEE'') and  adopted by the American  National 
Standards Institute (``ANSI'') in Section 4.1 of ``IEEE  Standard 
for Safety  Levels  with  Respect  to  Human  Exposure  to  Radio 
Frequency Electromagnetic Fields, 3  kHz to 300 GHz,''  ANSI/IEEE 
C95.1-1992 (1992).

5  47 C.F.R.  1.1310, Note 1 to Table 1.  

6  47 C.F.R.  1.1310, Note 2 to Table 1.

7  See, for example, OET Bulletin 65.

8  See 47 C.F.R.  1.1307(b), 1.1307(b)(1), 1.1310.

9  Id.  at 13520-21; 47 C.F.R.  1.1307(b)(3).

10  Guidelines, Second Memorandum Opinion and Order and Notice of 
Proposed  Rulemaking,  12   FCC  Rcd  at   13524;  47  C.F.R.    
1.1307(b)(3).  Power  density  is  equal to  the  square  of  the 
electric field strength divided  by the characteristic  impedance 
of free space (377 ohms).   Similarly, power density is equal  to 
the  square   of   the   magnetic  field   strength   times   the 
characteristic impedance  of free  space.  The  power density  is 
expressed in  milliwatts  per  square  centimeter.    Guidelines, 
Second Memorandum  Opinion  and  Order  and  Notice  of  Proposed 
Rulemaking, 12 FCC Rcd at n.74.

11  Id. at 13520-21; 47 C.F.R.  1.1307(b)(3).

12  Guidelines, Second Memorandum Opinion and Order and Notice of 
Proposed Rulemaking, 12 FCC Rcd at 13538; 47 C.F.R.  1.1307(b). 

13  Guidelines, Second Memorandum Opinion and Order and Notice of 
Proposed  Rulemaking,  12   FCC  Rcd  at   13540;  47  C.F.R.    
1.1307(b)(5).   See also, Public  Notice, Year 2000 Deadline  for 
Compliance with Commission's Regulations Regarding Human Exposure 
to Radiofrequency  Emissions  (released Feb.  25,  2000);  Public 
Notice, Erratum to February  25, 2000 Public  Notice, 15 FCC  Rcd 
13600 (released  April  27,  2000); Public  Notice,  Reminder  of 
September 1, 2000, Deadline  for Compliance with Regulations  for 
Human Exposure  to Radiofrequency  Emissions,  15 FCC  Rcd  18900 
(released Aug. 24, 2000).

14  Agents contacted  all of the  21 relevant broadcast  stations 
after the RFR measurements to arrange for On-Off testing on  July 
12, 2002. 

15  Section 1.1307(b)(3) of the Rules states: ``In general,  when 
the  guidelines  specified  in    1.1310  are  exceeded  in   an 
accessible  area  due  to  the  emissions  from  multiple   fixed 
transmitters, actions necessary to bring the area into compliance 
are the shared responsibility of all licensees whose transmitters 
produce, at  the  area in  question,  power density  levels  that 
exceed 5% of the power density exposure limit applicable to their 
particular transmitter...''  47 C.F.R.  1.1307(b)(3).
   
16  Measurements were taken for each transmitter operating at the 
site, including auxiliary, analog and digital transmitters.

17  Table 1 of Section 1.1310 specifies the applicable MPE limits 
in  terms  of  power  density  (mW/cm2)  for  FM  and  television 
broadcast station transmitters.  The maximum power density levels 
permitted  are  frequency  dependent.   During  the  Mt.   Wilson 
inspection, the FCC  agents utilized a  FCC owned, calibrated  RF 
meter with a  calibrated probe that  measures the electric  field 
from RF signals in the  band 300 kHz to 40  GHz.  The probe is  a 
sensor designed  to simultaneously  measure the  RF emissions  of 
multiple transmitters  on widely  separated frequencies  such  as 
would occur  at  an antenna  farm  containing both  FM  broadcast 
stations and television stations and can be used to determine the 
total RF  power  level at  a  particular location.   The  probe's 
frequency response  curve  is ``shaped''  to  mimic the  FCC  MPE 
limits.   The  energy  of  the  signals  the  probe  detects  are 
converted to a power density, then calculated as a percentage  of 
the MPE limit for the  appropriate frequency and added  together.  
The results are displayed on the meter as a percentage of the MPE 
limit.  See, generally, OET  Bulletin 65 at Section 3,  Measuring 
RF fields.

18  The  combined  power  density levels  produced  by  the  four 
stations listed in this  NAL add up to  115% of the  Commission's 
MPE limits.  The difference between the 115% produced by the four 
stations and  the  power  density  level  measurements  with  all 
stations operational, 160.5%, is accounted  for by the fact  that 
there were  17  other  stations that  were  not  producing  power 
density levels at significantly  more than 5%  of the public  MPE 
limits, but did add to the overall power density level.  

19  Section 312(f)(1) of  the Act, 47  U.S.C.  312(f)(1),  which 
applies to violations  for which forfeitures  are assessed  under 
Section 503(b) of the Act, provides that ``[t]he term  `willful', 
... means the conscious and deliberate commission or omission  of 
such act, irrespective of any intent to violate any provision  of 
this Act or any rule  or regulation of the Commission  authorized 
by this Act....''   See Southern California  Broadcasting Co.,  6 
FCC Rcd 4387 (1991).  

20  Section 312(f)(2) of  the Act, 47  U.S.C.  312(f)(2),  which 
also applies  to violations  for which  forfeitures are  assessed 
under Section  503(b)  of the  Act,  provides that  ``[t]he  term 
'repeated', ... means the commission or omission of such act more 
than once or, if such  commission or omission is continuous,  for 
more than one day.''
   
21  47 C.F.R.  1.1310.

22  47 C.F.R.  1.1307(b)(3)

23  47 C.F.R.  1.1307(b)(1), 1.1307(b)(5), 1.1310.   Additional 
guidance is provided in OET Bulletin 65.

24  47 C.F.R.  1.1307(b)(5).   

25  Forfeiture Policy Statement and Amendment of Section  1.80(b) 
of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 
17087 (1997), recon denied, 15 FCC Rcd 303 (1999).

26  The  fact  that  the Forfeiture  Policy  Statement  does  not 
specify a base amount does not indicate that no forfeiture should 
be imposed.  The  Forfeiture Policy Statement  states that  ``... 
any  omission  of  a  specific   rule  violation  from  the   ... 
[forfeiture guidelines] ... should not signal that the Commission 
considers any unlisted violation  as nonexistent or  unimportant.  
Forfeiture Policy Statement, 12 FCC Rcd at 17099.  The Commission 
retains the discretion, moreover,  to depart from the  Forfeiture 
Policy Statement and issue  forfeitures on a case?by?case  basis, 
under its general forfeiture  authority contained in Section  503 
of the Act.  Id.

27  A-O Broadcasting Corporation, 17 FCC Rcd 24184 (2002).

28  47 U.S.C.  503(b)(2)(D).

29  47 C.F.R.  0.111, 0.311 and 1.80.

30  See 47 C.F.R.  1.1914.