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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


   In the Matter of )

   ) File No. EB-07-IH-9488

   CBS Radio East Inc. ) NAL/Acct. No. 200932080026

   ) Facility ID No. 25443

   Licensee of Station KDKA(AM) ) FRN No. 0009225210

   Pittsburgh, Pennsylvania )



   Adopted: February 5, 2009 Released: February 5, 2009

   By the Chief, Investigations and Hearings Division, Enforcement Bureau:


    1. In this  Notice of Apparent Liability for Forfeiture ("NAL"), issued
       pursuant to Section 503(b) of the Communications Act of 1934, as
       amended (the "Act"), and Section 1.80 of the Commission's rules, we
       find that CBS Radio East Inc. ("CBS" or the "Licensee"), licensee of
       Station KDKA(AM), Pittsburgh, Pennsylvania ("Station KDKA" or the
       "Station"), broadcast information about a contest without fully and
       accurately disclosing all material terms thereof, and failed to
       conduct the contest substantially as announced or advertised, in
       apparent willful violation of Section 73.1216 of the Commission's
       rules. Based upon our review of the record, we find that CBS is
       apparently liable for a forfeiture in the amount of $6,000.


    2. The Commission received a complaint, dated November 26, 2007 ("the
       Complaint"), alleging that Station KDKA's investigative reporter and
       talk show host, Marty Griffin, conducted a contest on November 22,
       2007, in apparent violation of Section 73.1216 of the Commission's
       rules. Specifically, the Complaint alleges that, beginning at
       approximately 9:10 a.m. on November 22, 2007, Mr. Griffin announced
       that he would give away one million dollars ($1,000,000) to the
       thirteenth caller, and that he would give away "a million an hour"
       thereafter. The Complainant alleges that he called the Station, was
       told he was the thirteenth caller, and was then put on hold; after
       spending forty-three minutes on hold, the Complainant was transferred
       to Mr. Griffin, and Mr. Griffin asked him questions about the
       Thanksgiving holiday. The Complainant states that after he inquired
       about the prize money, the phone was disconnected. The Complainant
       called back to the Station, and was told that there was no $1,000,000
       prize. The Complainant also states that he sent Mr. Griffin an e-mail
       concerning this matter, and received a response from Mr. Griffin
       indicating that he was "the only person in the area who didn't get the

    3. By Letter of Inquiry ("LOI"), dated December 10, 2007, the Enforcement
       Bureau directed CBS to provide information about the alleged contest.
       On January 16, 2008, CBS filed its response ("LOI Response"). In its
       LOI Response, CBS does not dispute that it aired the complained-of
       material, and includes a recording and a transcript of the entire
       broadcast of the "Marty Griffin Show" that aired between 9:00 a.m. and
       12:00 p.m. on November 22, 2007. CBS contends, however, that the
       broadcast in question did not involve an actual contest, but instead
       was a "joke," and that the Station's broadcast was not subject to
       Section 73.1216 of the Commission's rules. CBS asserts that the
       broadcast was, at most, a "harmless prank," that is neither a contest
       nor a hoax prohibited under the Commission's rules.


    4. 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 forfeiture
       penalty. 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. 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, and the
       Commission has so interpreted the term in the Section 503(b) context.
       The Commission may also assess a forfeiture for violations that are
       merely repeated, and not willful.  "Repeated" means that the act was
       committed or omitted more than once, or lasts more than one day. In
       order to impose such a 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 penalty should be imposed. The
       Commission will then issue a forfeiture if it finds, by a
       preponderance of the evidence, that the person has willfully or
       repeatedly violated the Act or a Commission rule. As described in
       greater detail below, we conclude under this procedure that CBS is
       apparently liable for a forfeiture for its apparent willful violation
       of Section 73.1216 of the Commission's rules.

    5. Section 73.1216 of the Commission's rules provides that "[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." Material terms under the
       rule "include those factors which define the operation of the contest
       and which affect participation therein," and generally include, among
       other things, "[instructions on] how to enter or participate;
       eligibility restrictions; . . . whether prizes can be won; when prizes
       can be won; . . . the extent, nature and value of prizes; time and
       means of selection of winners; . . . ."

    6. Licensees, as public trustees, have the affirmative obligation to
       prevent the broadcast of false, misleading or deceptive contest
       announcements, and to conduct their contests substantially as
       announced. 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." In enforcing this rule, the
       Enforcement Bureau 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 that
       tends to mislead the public. 

    7. CBS asserts that there was no contest and no $1,000,000 giveaway on
       Station KDKA on the morning of November 26, 2007, and that there is no
       evidence that any caller believed that he or she had won $1,000,000
       from the Station. Rather, CBS contends that Mr. Griffin's "joke" (the
       "Griffin Idea") was a "harmless prank" -- an attempt to "enliven what
       [Mr. Griffin] expected to be an extremely quiet Thanksgiving morning
       broadcast with an extended joke revolving around what he considered
       the laughably absurd idea that he would randomly give away to the 13th
       caller that morning a million dollars . . . ." CBS further states that
       Mr. Griffin's show on Station KDKA is an "established news/talk show,
       which has no cash giveaway component," and notes that "neither
       Griffin's conception, nor his execution, of the Griffin Idea meets
       with [CBS's] internal broadcast standards, and [CBS] has taken
       appropriate action in an effort to prevent recurrence." For these
       reasons, CBS asserts that the broadcast was not a contest for purposes
       of Section 73.1216, and as such, the complaint should be summarily

    8. Specifically, CBS claims that there is sufficient evidence in the
       record to support a finding that the Griffin Idea was a joke or prank
       that could not be seriously regarded as a licensee-sponsored contest.
       CBS offers the following evidence from the broadcast itself in support
       of its argument that the public should have known the contest
       announcement was a joke: (1) the absurdity of the idea that this
       news/talk station would give away one million dollars without any
       promotion; (2) Mr. Griffin's frequent laughter when discussing the
       idea of giving away one million dollars; (3) the preposterous details
       concerning the prize money, such as including information that the
       money was in the form of new bills contained in a barrel at the
       station or that it was in a briefcase secured by handcuffs; (4) Mr.
       Griffin's repeated claim, through the end of the three hour show, that
       fewer than thirteen calls had been received, even though more than
       fifty listeners had called the station; and (5) the fact that no
       thirteenth caller was identified and no caller mentioned the
       $1,000,000 prize on the air.

    9. We disagree with CBS's contention that Section 73.1216 of the
       Commission's rules should not apply simply because the Station viewed
       the broadcast as a prank or joke. Section 73.1216 provides that "[a]
       contest is a scheme in which a prize is offered or awarded, based on
       chance, diligence, knowledge or skill, to members of the public." CBS
       does not deny -- and the recording and transcript of the broadcast
       clearly demonstrate -- that Mr. Griffin offered listeners an
       opportunity to win $1,000,000 based on the chance that they would be
       the thirteenth caller. The transcript of the broadcast further
       illustrates that Mr. Griffin repeatedly made on-air announcements
       regarding the $1,000,000 giveaway during the three-hour program. Mr.
       Griffin made no statement on-air to clarify that the offer was a joke
       or prank, and, instead called the contest "the real deal," and took
       calls from the listening public, several of whom asked on the air
       whether they were the winning caller. The recording and transcript
       also make perfectly clear that the public was in fact misled by the
       contest announcements. Mr. Griffin himself admitted during the
       broadcast that several individuals placed follow-up calls to the
       Station to complain that they had not won the $1,000,000 prize despite
       having been the thirteenth caller.

   10. Section 73.1216 was implemented to proscribe broadcasting practices
       that deceive audiences or are unfair to competitors, and thus is
       intended to protect listeners from the type of deceptive and
       misleading contest announcements broadcast by Station KDKA. Although
       CBS claims that material from the broadcast itself supports its
       argument that Section 73.1216 does not apply here, the material that
       CBS identifies highlights the deceptive nature of the broadcast
       concerning a purported $1,000,000 giveaway. In addition, CBS's
       argument places the burden on a listener to discern that the contest
       was not legitimate despite the repeated on-air announcements offering
       the $1,000,000 prize. For example, CBS argues that listeners should
       have known that a contest of this magnitude would not have been
       offered without advance promotion and on a day when listenership was
       low. This assumes that the show attracts only regular listeners, and
       excludes the possibility that others, including those traveling in the
       station's service area, may have been listening. CBS's argument also
       disregards the possibility that not all listeners and callers may have
       heard the portions of the broadcast in which there was laughter and
       discussion of the "absurd" or inconsistent details concerning the
       location and source of the prize money. It also assumes that all
       listeners are savvy with regard to the ordinary promotional practices
       for broadcast contests.

   11. The relevant focus of the analysis under the rule is the
       announcement's impact on the public, and not the announcer's state of
       mind. "With regard to what constitutes a false, misleading or
       deceptive announcement, it is enough if the net impression of the
       announcement has a tendency to mislead the public." While Mr. Griffin
       may have believed the contest was a "joke," in light of the number of
       announcements made referring to the $1,000,000 giveaway, and the
       number of callers who responded to the announcements (including the
       Complainant), the public was led to believe, and clearly did believe,
       that a contest was occurring at the Station. Moreover, CBS cannot
       avoid application of Section 73.1216 because the Station staff on duty
       during the broadcast independently concluded that the broadcast was a
       joke, and informed callers that there was no $1,000,000 prize being
       offered. The Bureau has consistently ruled that other broadcast
       "pranks" which met Section 73.1216's contest definition violated the
       Commission's rule prohibiting the broadcast of false, misleading or
       deceptive contest announcements. Based upon the evidence before us, we
       find that CBS's broadcast at issue was, indeed, a contest subject
       Section 73.1216 of the Commission's rules.

   12. Having established that the Station broadcast a contest subject to
       Section 73.1216, we find that CBS apparently violated Section 73.1216
       by not fully and accurately disclosing the material terms of its
       contest, and by not conducting the contest substantially as announced.
       CBS admits that Station KDKA broadcast multiple announcements,
       offering $1,000,000 to the thirteenth caller to contact the Station.
       The Station, however, did not award any $1,000,000 prize, although
       over 50 callers contacted the Station. At the end of the broadcast,
       Mr. Griffin also announced that the Station "never got to the 13th
       caller," and that the contest "carries over" and that the Station
       would "try to get to it again tomorrow." In fact, the contest was not
       continued, and CBS states that "the Griffin Idea simply died."
       Therefore, we find that CBS did not conduct the contest substantially
       as announced in violation of Section 73.1216.

   13. Based upon the evidence before us, we find that Station KDKA
       apparently willfully violated Section 73.1216 of the Commission's
       rules. The Commission's Forfeiture Forfeiture Policy Statement sets a
       base forfeiture amount of $4,000 for violation of Section 73.1216. In
       assessing the monetary forfeiture amount, we must take into account
       the statutory factors set forth in Section 503(b)(2)(E) of the Act,
       which include the nature, circumstances, extent, and gravity of the
       violation, and with respect to the violator, the degree of
       culpability, any history or prior offenses, ability to pay, and other
       such matters as justice may require. Taking this standard into
       account, and based upon the facts and circumstances presented here, we
       find that a forfeiture in the amount of $6,000 is appropriate in this
       case. Based upon the entire record, including the egregious nature of
       the misconduct that misled listeners and CBS's prior history of
       violations of Section 73.1216, we conclude that an upward adjustment
       of the forfeiture amount is warranted in this case. Thus we find that
       the appropriate forfeiture amount is $6,000.


   14. ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the Act, and
       Sections 0.111, 0.311, and 1.80(f)(4) of the Commission's rules, that
       CBS Radio East Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR
       FORFEITURE in the amount of $6,000 for apparently willfully and
       repeatedly violating Section 73.1216 of the Commission's rules.

   15. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
       rules, that within thirty (30) days of the release of this NAL, CBS
       Radio East Inc. SHALL PAY the full amount of the proposed forfeiture
       or SHALL FILE a written statement seeking reduction or cancellation of
       the proposed forfeiture.

   16. Payment of the forfeiture must be made by check or similar instrument,
       payable to the order of the Federal Communications Commission. The
       payment must include the NAL/Account Number and FRN Number referenced
       above. Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 979088, St. Louis, MO 63197-9000.
       Payment by overnight mail may be sent to U.S. Bank - Government
       Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO
       63101. Payment by wire transfer may be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and account number 27000001. For payment by
       credit card, an FCC Form 159 (Remittance Advice) must be submitted.
        When completing the FCC Form 159, enter the NAL/Account number in
       block number 23A (call sign/other ID), and enter the letters "FORF" in
       block number 24A (payment type code). Requests for full payment under
       an installment plan should be sent to:  Chief Financial Officer -
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C.  20554.   Please contact the Financial Operations Group Help Desk
       at 1-877-480-3201 or Email: with any questions
       regarding payment procedures. CBS Radio East Inc. will also send
       electronic notification on the date said payment is made to,, and

   17. The response, if any, must be mailed to Hillary S. DeNigro, Chief,
       Investigations and Hearings Division, Enforcement Bureau, Federal
       Communications Commission, 445 12th Street, SW, Room 4-C330,
       Washington, D.C. 20554, and must include the NAL/Account Number
       referenced above. In addition, to the extent practicable, a copy of
       the response, if any, should also be transmitted via e-mail to,, and

   18. 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.

   19. Accordingly, IT IS ORDERED, that the Complaint in this proceeding IS
       GRANTED, and the Complaint proceeding IS HEREBY TERMINATED.

   20. IT IS FURTHER ORDERED that copies of this NAL shall be sent, by First
       Class Mail and Certified Mail - Return Receipt Requested, to Anne
       Lucey, Senior Vice President, CBS Corporation, 2175 K Street, N.W.,
       Suite 350, Washington, DC. 20037 and to its counsel, Dennis P.
       Corbett, Esquire, Leventhal Senter & Lerman PLLC, 2000 K Street, N.W.,
       Suite 600, Washington, DC 20006, and by First Class mail to the


   Hillary S. DeNigro

   Chief, Investigations and Hearings Division

   Enforcement Bureau

   See 47 U.S.C. S: 503(b); 47 C.F.R. S: 1.80.

   See 47 C.F.R. S: 73.1216.

   See Complaint, IC Number 07-WB13557366, filed on November 26, 2007.

   See id. The Complainant also alleges that Mr. Griffin repeatedly said he
   would award $1,000,000 to the thirteenth caller, and that there was a
   person in the studio with a "briefcase handcuffed to him with one million
   dollars in it." Id. The Complaint alleges that multiple individuals who
   called the Station asked if they had won the prize. See id.


   See Letter from Jennifer A. Lewis, Assistant Chief, Investigations and
   Hearings Division, Enforcement Bureau, to Anne Lucey, Senior Vice
   President CBS Corp., dated December 10, 2007 (the "LOI").

   See Letter from Dennis P. Corbett, Leventhal Senter & Lerman PLLC, to
   Jennifer A. Lewis, Investigations and Hearings Division, Enforcement
   Bureau, dated January 16, 2008 ("LOI Response"). The Complainant did not
   file a formal reply to the LOI Response, but only an email stating that
   his response is that he "stands with [his] original statement." See Email
   from Complainant to Jennifer A. Lewis, dated January 29, 2008.

   See LOI Response at 2 & attached Recording and Transcript.

   See id. CBS asserts that host Marty Griffin "unilaterally conceived, on
   the spur of the moment, and then executed, on air, a joke." Id. In
   addition, CBS submitted electronic mail correspondence between Mr. Griffin
   and the Complainant, whereby Mr. Griffin states that $1,000,000 prize was
   a joke. See LOI Response at attachment labeled "Inquiry 8."

   See id. at 6-7 (citing Amendment of Part 73 Regarding Broadcast Hoaxes,
   Report and Order, 7 FCC Rcd 4106, 4109 P: 18 (1992)). We agree that the
   broadcast at issue does not implicate the Commission's broadcast hoax
   rule. See 47 C.F.R. S: 73.1217. That rule is explicitly limited to
   prohibit the broadcast of false information concerning a crime or
   catastrophe if the licensee knows the information is false, it is
   foreseeable that the broadcast will cause substantial public harm, and the
   broadcast in fact directly causes substantial public harm. The broadcast
   at issue here included admittedly false information, but did not concern a
   crime or catastrophe and thus the broadcast hoax rule does not apply.

   See 47 U.S.C. S: 503(b)(1)(B); 47 C.F.R. S: 1.80(a)(1).

   47 U.S.C. S: 312(f)(1).

   See H.R. Rep. No. 97-765, 97th Cong. 2d Sess. 51 (1982).

   See, e.g., Southern California Broadcasting Co., Memorandum Opinion and
   Order, 6 FCC Rcd 4387, 4388 (1991).

   See, e.g., Callais Cablevision, Inc., Grand Isle, Louisiana, Notice of
   Apparent Liability for Monetary Forfeiture, 16 FCC Rcd 1359, 1362, P: 10
   (2001) ("Callais Cablevision") (issuing a Notice of Apparent Liability
   for, inter alia, a cable television operator's repeated signal leakage).

   Southern California Broadcasting Co., 6 FCC Rcd at 4388, P: 5; Callais
   Cablevision, Inc., 16 FCC Rcd at 1362, P: 9.

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

   See, e.g., SBC Communications, Inc.,  Forfeiture Order, 17 FCC Rcd 7589,
   7591 P: 4 (2002) (forfeiture paid).

   47 C.F.R. S: 73.1216.

   Id. Note 1(b).


   See WMJX, Inc. (Station WMJX-FM), Decision, 85 FCC 2d 251, 269 (1981)
   (holding that proof of actual deception is not necessary to find
   violations of contest rules, and that the licensee, as a public trustee,
   has an affirmative obligation to prevent the broadcast of false,
   misleading or deceptive contest announcements); Amendment of Part 73 of
   the Commission's Rules Relating to Licensee-Conducted Contests, Report and
   Order, 60 FCC 2d 1072 (1976).

   See Headliner Radio, Inc. (Station KSXY-FM), Memorandum Opinion and Order,
   8 FCC Rcd 2962 (Mass Media Bur. 1993) (finding that the airing of a
   misleading advertisement concerning a licensee's contest violated the
   Commission contest rules because the contest was not then conducted
   "substantially as announced or advertised"); Lincoln Dellar (Stations
   KPRL(AM) and KDDB(FM)), Memorandum Opinion and Order, 8 FCC Rcd 2582, 2585
   (Mass Media Bur. 1993) (finding that the cancellation of a pre-announced
   contest violated the pertinent Commission rules because the contest was
   not then conducted "substantially as announced").

   WMJX Inc., 85 FCC 2d at 269-270, n.82 (citing Eastern Broadcasting Corp.
   (Station WCVS(AM)), Decision, 14 FCC 2d 228, 229 (1968)).

   See e.g., Clear Channel Broadcasting Licenses, Inc. (Station WRUM(FM)),
   Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 6808, 6809
   (Investigations & Hearings Div., Enf. Bur. 2006) (forfeiture paid);
   Citicasters Co. (Station KITT(FM)), Notice of Apparent Liability for
   Forfeiture, 15 FCC Rcd 16612, 16613-614 (Enf. Bur. 2000) (forfeiture
   paid); Clear Channel Broadcasting Licenses, Inc.(Station KPRR(FM), Notice
   of Apparent Liability for Forfeiture, 15 FCC Rcd 2734, 2735 (Enf. Bur.
   2000) (forfeiture paid).

   See LOI Response at 3-4.

   See id at 7, 2.

   Id. at 2.

   See id. at 3-4.

   47 C.F.R. S: 73.1216, Note 1(a).

   See LOI Response, Transcript at 6-10, 23, 27, 34, 36, 52, 57, 68, 72, 90
   and 150-151 (quoting Transcript "Oh, you know, before I left yesterday,
   uh, the boss called and said `The 13th caller, given them a million
   dollars' - (laughing) - so that's what we're going to do. It's right here
   in a barrel. Every hour, it's a three-hour show, they gave us three
   million dollars to give away on Thanksgiving. And this is the real deal,
   we would not mess around." Transcript at 7. "The truth is, it's a big old
   surprise for me. We have a big million-dollar giveaway. We have a million
   dollars in Matt's briefcase, and we're apparently supposed to give it
   away. And we're talking to you, Pittsburgh [...]." Transcript at 34).

   See LOI Response, Transcript at 7

   See id., Transcript  at 12, 17, 29.

   See id., Transcript at 52: "A couple of questions I have and then I'm
   going to the phones, because we still have not given away the million
   dollars cash - cash. And, and, quit calling and complaining in - to the
   newsroom on Thanksgiving. People complaining that they were the 13th
   caller. Why would we, if you're the 13th caller, not tell you you're the
   winner? Come on! These old folks call in the newsroom, "I think I won and
   Mr. Griffin said I wasn't the 13th . I counted on my abacus."

   See Amendment of Part 73 of the Commission's Rules Relating to
   Licensee-Conducted Contests, Notice of Proposed Rulemaking, 53 FCC 2d 934,
   934-935 P: 3 (1975), proposed rule adopted in pertinent part, Report and
   Order, 60 FCC 2d 1072 (1976).

   See WMJX, 85 FCC 2d at 269-270.


   See, e.g., Clear Channel Broadcasting Licenses, Inc. (Station WRUM(FM)),
   21 FCC Rcd 6808 (finding a Section 73.1216 violation for "prank" contest
   in which broadcaster induced listeners to call a rival station);
   Citicasters, Co. (Station KITT(FM)), 15 FCC Rcd 16612 (finding that
   failure to disclose a $1,000,000 prize as 1,000,000 Turkish lira violated
   Section 73.1216); Clear Channel Broadcasting Licenses, Inc. (Station
   KPRR(FM), 15 FCC Rcd 2734 (finding that failure to disclose a $10,000
   prize as 10,000 Italian lira violated Section 73.1216).

   See 47 C.F.R. S: 73.1216.

   See Complaint; LOI Response, Transcript at 150-51.

   See LOI Response  at 5.

   See Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Report and Order,
   12 FCC Rcd 17087, 17113 (1997), recon. denied, 15 FCC Rcd 303 (1999)
   ("Forfeiture Policy Statement").

   See 47 C.F.R. S: 1.80(b).

   47 U.S.C. S: 503(b)(2)(E); 47 C.F.R. S: 1.80(b)(4).

   See, e.g., CBS Radio Inc. of Philadelphia (WIP(AM)), Forfeiture Order, 23
   FCC Rcd 10569 (Investigations & Hearings Div., Enf. Bur. 2007) (finding a
   $4000 forfeiture for violation of Section 73.1216), recon. pending.

   See, e.g., Clear Channel Broadcasting Licenses, Inc. (Station WRUM(FM)),
   21 FCC Rcd at 6811 P: 9 (imposing upward adjustment based upon egregious
   nature of apparent violation of Section 73.1216 and licensee's history of
   violations of the Commission's rules, including the licensee-conducted
   contest rule)

   See 47 U.S.C. S: 503(b).

   See 47 C.F.R. S:S: 0.111, 0.311 and 1.80(f)(4).

   See 47 C.F.R. S: 73.1216.

   Consistent with Section 503(b) of the Act and consistent Commission
   practice, for the purposes of the forfeiture proceeding initiated by this
   NAL, CBS Radio East. Inc. shall be the only party to this proceeding.

   Federal Communications Commission DA 09-189



   Federal Communications Commission DA 09-189