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A. 1. a.(1)(a) i) a) 1. 1. 1. a.(1)(a) i) a)#X\  P6G;6P#2@@A@ @ Times New RomanTimes New Roman (Bold)Times New Roman (Italic)"5@^*8DSS88S^*8*.SSSSSSSSSS..^^^Jxooxf]xx8Axfxx]xo]fxxxxf8.8NS8JSJSJ8SS..S.SSSS8A.SSxSSJP!PZ*8888CE8SSxJxJxJxJxJooJfJfJfJfJ8.8.8.8.xSxSxSxSxSxSxSxSxSxSxJxSxSxSxSxS]SxSxJxJoJoJoJfJfJfJxSxSxxSxSxSxSCS8S888SAxSf.fExSxSxSxo8oE]A]AN:*LS8JSSSSS.4}}S2S}288JJS88SS8J82t8[[[[^ee*C`^.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*********************************8DSS88S^*8*.SSSSSSSSSS..^^^Jxooxf]xx8Axfxx]xo]fxxxxf8.8NS8JSJSJ8SS..S.SSSS8A.SSxSSJP!PZv**8SJSS8]8****88JJ:S8A8x**x*8SSSS!S8.S^8SC[228`L*824S}}}Jxxxxxxoffff8888xxxxxxx^xxxxxx]SJJJJJJoJJJJJ....SSSSSSS[SSSSSSS"5@^*8]SS.88S_*8*.SSSSSSSSSS88___SxoxxofASoxfx]oxxxxo8.8aS8S]J]J8S].8].]S]]JA8]SxSSJB%BW*8888CE8S]xSxSxSxSxSxxJoJoJoJoJA.A.A.A.x]SSSSx]x]x]x]xSxSx]SSxSxSf]xSxSxSxJxJxJoJoJoJSSSS]]C]A]A8A]S]o.oEx]x]SxxJxJ]A]AN:*ZS8SSSSSS27}}S2||S}288SSS88SS8S82t8[[[[_ee*C`_.wRSSn[Cfx`xWlRx[][ceIfIs`Wx[rriwge*********************************8]SS.88S_*8*.SSSSSSSSSS88___SxoxxofASoxfx]oxxxxo8.8aS8S]J]J8S].8].]S]]JA8]SxSSJB%BWv**8SSSS8]8****88SS:S8A8x**x*8SSSS%S8|2S_8|SC[228`Z*827S}}}SxxxxxxxooooAAAAxx_xxxxxf]SSSSSSxJJJJJ....S]SSSSS[S]]]]S]"5@^2CRdd$CCdq2C28dddddddddd88qqqYzoCNzoozzC8C^dCYdYdYCdd88d8ddddCN8ddddY`(`l2CC!CCPRCddYYYYYYzYzYzYzYC8C8C8C8ddddddddddYdddddoddYYYYYzYzYzYddddddPdCdCCCdNdz8zRdddCRoNoNNF2[dCYddddd7>d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd23@3@s@@"5@^2Coddȧ8CCdr2C28ddddddddddCCrrrdzNdzoȐC8CtdCdoYoYCdo8Co8odooYNCodddYO,Oh2CC!CCPRCdodddddȐYYYYYN8N8N8N8oddddooooddoddddzodddYYYYYYddddooPoNoNCNodo8RoodȐYYoNoNNF2ldCddddddd<d<CCoodCCddCoCddzzzzzzzzzzCCCCozdddddddYYYYY8888dddddddndddddYd"5@^(1<<!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006G!2,d22!d8!Y!!,,#2d!b'!HH!22222!L28!L2(7!:-!2KKK,HHHHHHYC====!!!!HHHHHHH8HHHHHH82,,,,,,C,,,,,2222222722222222^*. )n9B8*X6B7  PT6QP , *n9G8*X8+G7  pTQ ,DPC2XWXP7  PT6QXP , +DUC2XYXU7  pTQX .O]N:Xw]7  PT6QP, -OcN:Xyc7  pTQ /y>I=.X&I7  PT6Q&P, 0y>N=.X&N7  pTQ&j 1DPC2X'XP7  xTQXX 2O)0(X-h07  PT6QhP B"(!X,(7  PT6Q,P                  p2 X   )~ e2x Q #Xj\  P6G;WXP#Federal Communications Commission`*(#DA 991614 ă  yxdddy )#X\  P6G;6P# #|\  P6G;wP#Before the g 1Federal Communications Commission  p2yWashington, D.C. 20554 #X\  P6G;6P#у  e2#XP7  PT6QWXP#In the Matter of) ) KIDSTV 6) )  e%2License of Station K06MU(TV))  e2Big Bear Lake Valley, CA)  e2)  e 2For a Forfeiture)#&I7  PT6Q&P#у   p3 2?  #]7  PT6QwP#MEMORANDUM OPINION AND ORDER  p/ 2^AND FORFEITURE ORDER #&I7  PT6Q&P# x  e2X` hp x (#%'0*,.8135@8:had previously warned the Sargents that, "I want to caution you that I'm going to record your  xconversations whenever you call or come in to the station, or when you appear at public  xmeetings, and the reason I'm doing this is because I intend to rebut your lies by using your own  xstatements and actions against you ontheair and in a court of law." In addition, KIDS asserts  x$that Ken Sargent knew he was being taped because, during the telephone call, he said, ". . . and  xif you're taping me, fine." The licensee also notes that a lawsuit has been filed against the  xSargents on the grounds of conspiracy, negligence, infliction of emotional distress, trespass, and  xvinvasion of privacy, and it urges the Commission to await a decision in that matter before  xproceeding here, since that suit questions the credibility of the Sargents. Finally, KIDS urges that  xBif the Bureau finds that it did violate the rule, the forfeiture should be reduced since it is a first xtime offense, the station is a "small, nonprofit educational low power station," and the violation was not intentional. "(,))MM("   3. As an initial matter, we reject the licensee's request to defer this action until after the  xresolution of the civil suit against the Sargents. The matter before us is the narrow question of  xwhether the licensee violated Section 73.1206 of the Commission's Rules by taping and  xbroadcasting a February 26, 1998, telephone conversation with the Sargents. In resolving that  xquestion we need not make a ruling on the issues in the pending civil suit. Morevoer, although  xlthe parties are clearly at odds, our findings are based on a videotape and transcript of the broadcast submitted by the parties.   4. There is no dispute in this case that at least part of the February 26, 1998, telephone  xRconversation between Chuck Foster and the Sargents was taped and subsequently broadcast.  xSection 73.1206 of the Commission's Rules states that, before recording a telephone conversation  xXfor broadcast, a licensee must inform any party to the call of its intention to broadcast the  xzconversation, unless the party is aware or may be presumed to be aware that it likely will be  xbroadcast. The rule further states that awareness may be presumed only where the party is  xassociated with the station or originated the call in connection with a program that customarily broadcasts telephone conversations.   5. At issue in this case is whether or not Foster's blanket notice that he would tape any  xRtelephone conversations with the Sargents provided sufficient notice to comply with Section  x 73.1206 of the Commission's Rules. We do not think so. The Commission has specifically  x0stated that "it is reasonable and desirable to retain for individuals the right to answer the  xtelephone without having their voices or statements transmitted to the public" in the absence of  e2 xprior notice. Amendment of Section 1206: Broadcast of Telephone Conversations (Report and  e2 xOrder), 3 FCC Rcd 5461, 5463 (1988). Thus, to ensure such privacy rights, the Commission has  xdetermined that it is not sufficient for a station to give notice that a conversation is being  xrecorded or broadcast at the beginning of a telephone call, if the conversation is already being  er2 xtaped or broadcast. Id.; EZ Communications, Inc., 7 FCC Rcd 1893 (1992) (forfeiture assessed  xeven though the party was informed soon after answering the call that the conversation was being  e,2taped).    ^6. Although Foster gave the Sargents a general warning of his intent to tape telephone  xconversations in the future, such a warning does not satisfy the letter or intent of the rule. The  xtranscript of the conversation in this case indicates that KIDS was taping the call for broadcast  x`even before Mr. Foster identified himself to the Sargents. Moreover, as previously noted in the  xNAL, Ken Sargent's statement that he did not care if the conversation was being taped was made  xpafter the taping of the conversation commenced. Thus, the Sargents were denied their right to  xanswer the telephone without fear of being taped for broadcast and, consistent with case precedent, we affirm our finding that KIDS violated Section 73.1206 of the Rules.   7. With respect to the licensee's contention that the violation was not willful, we note that  xthe Commission has consistently held that the term "willful" means that the person "knew he was  ee#2 xdoing the act in question, regardless of whether there was an intent to violate the law." See Jerry  eB$2 xSzoka, FCC 99145, paragraph 21, released June 15, 1999, citing Southern California  e%2 xBroadcasting Co., 6 FCC Rcd 4387, 438788 (1991) (quoting Conference Report accompanying  xamendment clarifying the definition of "willful" in 47 U.S.C. Section 312(f), which definition"%,[([(MM%"  e2 xalso applies to 47 U.S.C. Section 503(b)). }X{ nZy( xFԍ Section 312(f)(1) defines willful "when used with reference to the commission or omission of any act" as the  xb"conscious and deliberate commission or omission of such act, irrespective of any intent to violate" the Communications Act of 1934, as amended, or the Commission's rules. 47 U.S.C. Section 312(f).} Since KIDS intentionally recorded and broadcast the  xconversation at issue, it can be found to have "willfully" violated the Commission's Rules,  xregardless of the fact that it did not intend to violate the rule. Nevertheless, because the station's  xrecord is otherwise free of enforcement actions against it, we conclude that the forfeiture should be reduced from $4,000 to $3,000.   >8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the  xBCommunications Act of 1934, as amended (47 U.S.C. Section 503(b)), KIDSTV 6, licensee of  xStation K06MU(TV), Big Bear Valley, California, FORFEIT to the United States of Americas  xpthe sum of three thousand dollars ($3,000) for the willful violation of Section 73.1206 of the  xCommission's Rules. Payment of the forfeiture may be made by mailing a check or similar  xinstrument payable to the Federal Communications Commission at the address indicated in the attachment to this Memorandum Opinion and Order and Forfeiture Order.   9. IT IS FURTHER ORDERED THAT the Mass Media Bureau send by certified mail,  x~return receipt requested, copies of this Memorandum opinion and Order and Forfeiture Order to KIDSTV 6.  e2` `  ,hhh FEDERAL COMMUNICATIONS COMMISSION  e2` `  ,hhh Roy J. Stewart, Chief ` `  ,hhhMass Media Bureau Enclosure