WPC 2BVWZ 3|I cpi)?xxxXpXx6X@JQX@HP LaserJet 4M (426)2)ditional)HPLA4M42.WRSx  @,,,'^X@2C ZS ]3|I HP LaserJet 4M (426)2)ditional)HPLA4M42.WRSx  @,,,'^X@Courier 12pt (10cpi)Courier New (Bold) (TT)Times New RomanTimes New Roman (Bold)Courier2`@F@@Z "5@^.=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc.====IK=\\QQQQQzzQpQpQpQpQ=3=3=3=3\\\\\\\\\\Q\\\\\f\\QQzQzQzQpQpQpQ\\\\\\I\=\===\G\p3pK\\\z=zKfGfGN@.S\=Q\\\\\39\7\7==QQ\==\\=Q=7t=eeeegoo.Ijg2Z\\yeCpj`vZefeloPpPj`e~~tro.................................=K\\!==\g.=.3\\\\\\\\\\33gggQzzpf=Gpfzfpp=3=V\=Q\Q\Q=\\33\3\\\\=G3\\\\QX%Xc..=\Q\\=f=....==QQ@\=G=...=\\\\%\=3\g=\Ie77=jS.=79\Qzpppp====gf\QQQQQQzQQQQQ3333\\\\\\\e\\\\\\\"5@^.=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=k\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_.====IK=\f\\\\\QzQzQzQzQG3G3G3G3f\\\\ffff\\f\\\\pf\\\QQQzQzQzQ\\\\ffIfGfG=Gf\fz3zKff\QQfGfGN@.c\=\\\\\\7=\7\7==\\\==\\=\=7t=eeeeioo.Iji2Z\\yeCpj`vZefeloPpPj`e~~tro.................................=f\\3==\i.=.3\\\\\\\\\\==iii\zzpG\zpfzz=3=k\=\fQfQ=\f3=f3f\ffQG=f\\\QH(H_..=\\\\=f=....==\\@\=G=...=\\\\(\=7\i=\Ie77=jc.=7=\\zzzzGGGGipf\\\\\\QQQQQ3333\f\\\\\e\ffff\f"5@^%-77\V%%7>%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N'27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<7777777?xxxXXx6X@JQX@ ?xxxXnXx `NQX ly>I=.X.DD&I7  PT6Q&P, ky>N=.X>CZ&N7  pTQ& mI%,%X.tJ,7  PT6QJPR&HHHXUKhH6X@Qh@HP LaserJet 4M (426)2)ditional)HPLA4M42.WRSx  @,2 y_( X   O _2Y #&J\  P6QDD&P#Federal Communications Commission`~(##DA 99 #&N7  pTQCZ&#2006  yxdddyO#&I7  PT6QDD&P#ZuFederal Communications Commission JWashington, D.C. 20554 ` `  ,hhhppX  #&J\  P6QDD&P#In reply refer to: ` `  ,hhhppX    y_8(` `  ,hhhppX  1800C1SP H(#(#` `  ,hhhppX  99040352 ` `  ,hhhppX  99080336  y_(` `  ,hhh Released: September 29, l999  y_p(#&N4  pQCZ&# Certified Mail Return Receipt Requested  y_ (#&I7  PT6QDD&P#Citicasters Company, Licensee Radio Station WKLS(FM), Atlanta, GA 50 East Rivercenter Blvd., Suite 1200 Covington, KY 41011 Dear Licensee: This letter constitutes a Notice of Apparent Liability for a Forfeiture pursuant to Section 503(b) of the Communications Act of 1934, as amended, for violation of Section 73.1206 of the Commission's Rules. This action is taken under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules. The Commission received a complaint from Congresswoman Cynthia McKinney, alleging that on April 15, 1999, Station WKLS(FM) broadcast a conversation between an onair personality and Congresswoman McKinney's staff assistant, Ms. Elridge Cayo, without her knowledge. Specifically, Congresswoman McKinney states that a station employee called her office and spoke to Ms. Cayo. During the conversation, the station employee apparently continued to ask if his message would be given to Congresswoman McKinney and made derogatory remarks about the Congresswoman. Ms. Cayo apparently did not know that the conversation was being broadcast. Based on this complaint, the Commission sent Citicasters Company ("Citicasters") a letter of inquiry on May 3, 1999, but received no response. Another copy of the letter of inquiry was issued on August 4, 1999, and Citicasters filed a response dated August 12, 1999. In the response, Citicasters admits that a station employee did place a telephone call to Congresswoman McKinney's office, spoke to her staff assistant and broadcast the conversation simultaneously with its occurrence without informing Ms. Cayo that the call was to be broadcast. Citicasters asserts that station management formally admonished the air personalities involved, placing memos in their personnel files documenting this incident. Citicasters also states that steps have been taken to ensure that WKLS(FM) staff members understand the provisions of Section 73.1206 of the Commission's Rules and the seriousness of violating them. Finally, Citicasters points out that it sent a formal letter of apology to Congresswoman McKinney and issued an offair apology to Ms. Cayo. Section 73.1206 of the Commission's Rules provides, in pertinent part, that before recording a telephone conversation for broadcast, or broadcasting such a conversation simultaneously with its occurrence, a licensee shall inform any party to the call of its intention to broadcast the conversation, except where such a party is aware, or may be presumed to be aware from the circumstances of the conversation, that it is being or likely will be broadcast. Based on the evidence before us, it appears"X),**ppH&" that Citicasters willfully violated Section 73.1206 of the Commission's Rules on April 15, 1999.  y_(The guidelines contained in the Commission's Forfeiture Policy Statement, 12 FCC Rcd 17087 (1997), which became effective on October 14, 1997, specify a base forfeiture amount of $4,000 for the unauthorized broadcast of a telephone conversation. While we recognize that you took remedial actions, such actions do not alter the fact that the Commission's rules were violated. Accordingly, pursuant to Section 503 of the Communications Act of 1934, as amended, Citicasters Company, licensee of Station WKLS(FM), Atlanta, GA, is hereby advised of its Apparent Liability for a Forfeiture in the amount of $4,000 for an apparent willful violation of Section 73.1206 of the Commission's Rules. In regard to this forfeiture proceeding, you are afforded thirty (30) days from the date of this letter "to show in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent." Other relevant provisions of Section 1.80 of the Commission's Rules are summarized in the attachments to this letter. ` `  ,hhhSincerely, ` `  ,hhhRoy J. Stewart, Chief ` `  ,hhhMass Media Bureau Enclosure cc: Congresswoman Cynthia McKinney John M. Burgett, Esq.