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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of )

   )

   Capstar TX Limited Partnership ) File No. EB-06-BS-128

   Licensee of Station WTSJ )

   Randolph, Vermont ) NAL/Acct. No. 200732260003

   )

   Facility ID #63472 ) FRN. 003474947

                  NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Released: July 12, 2007

   By the District Director, Boston Office, Enforcement Bureau:

   I. INTRODUCTION

    1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find
       that Capstar TX Limited Partnership ("Capstar"), licensee of AM
       broadcast station WTSJ, Randolph, Vermont, apparently willfully and
       repeatedly violated Section 73.1745(a) of the Commission's Rules
       ("Rules") by failing to reduce the station's power to its nighttime
       power levels, in direct contravention of the terms of its station
       authorization. We conclude, pursuant to Section 503(b) of the
       Communications Act of 1934, as amended ("Act"), that Capstar is
       apparently liable for a forfeiture in the amount of four thousand
       dollars ($4,000).

   II. BACKGROUND

    2. Station WTSJ's license specifies that the station must reduce power
       from its authorized daytime power of 1000 watts to its authorized
       nighttime power of 66 watts at local sunset time. The license also
       specifies that local sunset time is 8:00 p.m. Eastern Daylight Time
       ("EDT") during the month of August.

    3. On August 29 and 30, 2006, in response to a complaint, an agent with
       the FCC's Boston Office monitored station WTSJ from 7:45 p.m. to 9:00
       p.m. EDT to determine if the station reduced power at 8:00 p.m., as
       required by its license. The agent took field strength measurements
       and found that, on both days, WTSJ did not reduce power at 8:00 p.m.
       EDT.

    4. At 8:30 a.m. on August 31, 2006, the agent again took field strength
       measurements and the measurements were the same as those taken on
       August 29 and 30. The agent also conducted an inspection of WTSJ with
       the station manager and an engineer for Capstar. During the
       inspection, the agent measured the station's output power and
       determined that the station was being operated at the 1000 watt level.
       Because the field strength measurements taken that morning were the
       same as those taken after sunset on August 29 and 30, the agent was
       able to conclude that WTSJ operated with approximately 1000 watts
       after sunset on August 29 and 30, 2006. The station manager and
       Capstar engineer reported that the station operated unattended during
       the evening hours and that the power should have been automatically
       reduced by the station's remote control system.

   III. DISCUSSION

    5. 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) of the Act has
       been interpreted to mean simply that the act or omissions are
       committed knowingly.  The term "repeated" means the commission or
       omission of such act more than once or for more than one day.

    6. Section 73.1745(a) provides that "[n]o broadcast station shall operate
       at times, or with modes or power, other than those specified and made
       part of the license...." Station WTSJ's authorization specifies that
       the station must reduce power at sunset to 66 watts. The agent
       determined, based on field strength measurements made on August 29,
       30, and 31, 2006, that station WTSJ failed to reduce power to its
       authorized nighttime levels at sunset and continued to operate at the
       daytime power level on August 29 and 30, 2006. Accordingly, based on
       the evidence before us, we find that Capstar willfully and repeatedly
       violated Section 73.1745(a) of the Rules by failing to reduce power to
       the authorized nighttime levels as required by its license.

    7. Pursuant to The Commission's Forfeiture Policy Statement and Amendment
       of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines,
       ("Forfeiture Policy Statement"), and Section 1.80 of the Rules, the
       base forfeiture amount for exceeding the power limits is $4,000. In
       assessing the monetary forfeiture amount, we must take into account
       the statutory factors set forth in Section 503(b)(2)(D) 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 of prior offenses, ability to pay, and other
       such matters as justice may require. Applying the Policy Statement and
       the statutory factors to the instant case and applying the inflation
       adjustments, we believe that a four thousand dollar ($4,000) monetary
       forfeiture is warranted.

   IV. ORDERING CLAUSES

    8. Accordingly, IT IS ORDERED THAT, pursuant to Section 503(b) of the Act
       and Sections 0.111, 0.311, 0.314 and 1.80 of the Commission's Rules
       ("Rules") Capstar TX Limited Partnership is hereby NOTIFIED of this
       NOTICE OF APPARENT LIABILITY FOR A FORFEITURE in the amount of four
       thousand dollars ($4,000) for willfull and repeated violation of
       Section 73.1745(a). 

    9. IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of the Rules, 
       within thirty days of the release date of this NOTICE OF APPARENT
       LIABILITY, Capstar TX Limited Partnership SHALL PAY the full amount of
       the proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of the proposed forfeiture.

   10. 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/Acct. No. and FRN No. referenced above.
       Payment by check or money order may be mailed to Federal
       Communications Commission, P.O. Box 358340, Pittsburgh, PA 15251-8340.
       Payment by overnight mail may be sent to Mellon Bank /LB 358340, 500
       Ross Street, Room 1540670, Pittsburgh, PA 15251. Payment by wire
       transfer may be made to ABA Number 043000261, receiving bank Mellon
       Bank, and account number 911-6106.

   11. The response, if any, must be mailed to Federal Communications
       Commission, Enforcement Bureau, Northeast Region, Boston Office, One
       Batterymarch Park, Quincy, Massachusetts 02169 thirty (30) days from
       the release date of this Notice of Apparent Liability for Forfeiture
       and must include the NAL/Acct. No. referenced in the caption.

   12. 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.

   13. Requests for payment of the full amount of this Notice of Apparent
       Liability for Forfeiture under an installment plan should be sent to:
       Associate Managing Director, Financial Operations, 445 12th Street,
       S.W., Room 1A625, Washington, D.C. 20554.

   14. IT IS FURTHER ORDERED THAT a copy of this NOTICE OF APPARENT LIABILITY
       shall be sent by Certified Mail, Return Receipt Requested, to Capstar
       TX Limited Partnership at its address of record.

   FEDERAL COMMUNICATIONS COMMISSION

   Dennis V. Loria

   District Director

   Boston  Office

   Enforcement Bureau

   47 C.F.R. S: 73.1745(a).

   47 C.F.R. S: 503(b).

   The station's call sign was changed from WWWT to WTSJ on September 1,
   2006, and will be referred to herein as WTSJ.

   Section 312(f)(1) of the Act, 47 U.S.C. S: 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', when used with reference to the
   commission or omission of any act, 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).

   Section 312(f)(2) of the Act, 47 U.S.C. S: 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', when used with reference to
   the commission or omission of any act, means the commission or omission of
   such act more than once or, if such commission or omission is continuous,
   for more than one day."

   12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999); 47 C.F.R.
   S:1.80.

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

   47 U.S.C. S:503(b), 47 C.F.R. S:S: 0.111, 0.311, 0.314, 1.80, 73.1745(a)

   See 47 C.F.R. S: 1.1914.

   Federal Communications Commission

   3

   Federal Communications Commission