CONCURRING SEPARATE STATEMENT OF COMMISSIONER HAROLD
                      FURCHTGOTT-ROTH
  
  In the Matter of EZ Sacramento, Inc. Licensee of Station KHTK(AM) Sacramento,
  California, Infinity Broadcasting Corporation of Washington, D.C. Licensee of Station
  WJFK-FM Manassas, Virginia, Memorandum Opinion and Order, FCC 01-53 (rel.
  February 20, 2001).
  
  I support today's forfeiture order, nonetheless, I write separately to question the
  continued utility and effectiveness of FCC rules addressing privacy issues, such as this
  one. 47 CFR  73.1206 provides, in pertinent part, that "[b]efore 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 the licensee's intention to
  broadcast the conversation."  That section forms the basis of today's forfeiture.  Rather
  than promulgated pursuant to some specific statutory directive, this provision was
  promulgated in 1970 based on our general statutory authority.  
  
  I believe the Commission should re-examine the utility of rules -- like this one  
  that are not based on a specific statutory charge.  Among the factors to be considered in
  assessing the efficacy of these rules are: the availability of remedies in other fora, the
  possibility of asymmetrical regulation, and the ability of the Commission to focus
  resources on its core mission.  Here, it appears that private parties have extensive
  remedies under state law to cure any privacy violations.  Relying on state law remedies
  would also place radio broadcasters on the same footing as other media outlets (i.e.,
  newspapers) that are not subject to these privacy rules.  Finally, elimination of the rule
  would allow the FCC to more aggressively focus its enforcement attention on those areas
  squarely and solely within the FCC's jurisdiction.  Therefore I encourage my colleagues
  to take a closer look at these types of rules in upcoming biennial review proceedings.  In
  the end, we may better serve the American people by doing fewer things, but doing them
  better.