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Before the
FEDERAL COMMUNICATIONS COMMISSION
Washington, D.C. 20554
In the Matter of )
)
EZ SACRAMENTO, INC. ) File No. 98020370
) NAL/Acct. No.
918ed012
Licensee of Station KHTK(AM) ) Facility #
20352
Sacramento, California )
)
INFINITY BROADCASTING ) File No.
98090215
CORPORATION OF WASHINGTON, D.C. ) NAL/Acct. No.
918ed013
) Facility # 28625
Licensee of Station WJFK-FM )
Manassas, Virginia )
MEMORANDUM OPINION AND ORDER
Adopted: August 10, 2001 Released:
August 14, 2001
By the Commission:
1. In this Order, we dismiss a petition for
reconsideration filed jointly by EZ Sacramento, Inc.
(``EZ''), licensee of KHTK(AM), Sacramento, California, and
Infinity Broadcasting Corporation of Washington, D.C.
(``Infinity''), licensee of WJFK-FM, Manassas, Virginia
(jointly, ``petitioners''). Petitioners seek review of EZ
Sacramento, Inc., FCC 01-53 (released February 20, 2001).
In that Order, we denied an application for review of the
Enforcement Bureau's decision, EZ Sacramento, Inc., 15 FCC
Rcd 18257 (Enforcement Bureau 2000). That decision, in
turn, denied reconsideration of two forfeiture orders,
Infinity Broadcasting Corp. of Washington, D.C., 14 FCC Rcd
13541 (Mass Media Bureau 1999) and EZ Sacramento, Inc., 14
FCC Rcd 13539 (Mass Media Bureau 1999). Each forfeiture
order imposed a $4,000 forfeiture upon the licensee for a
willful violation of section 73.1206 of the Commission's
rules, 47 C.F.R. § 73.1206 (broadcast of telephone
conversations).
2. Review of the petition reveals that it does not
rely on new facts or changed circumstances. In this regard,
we reject petitioners' argument that ``new facts'' exist
because the Commission recognized that the forfeitures it
upheld are based on facts that ``are somewhat different than
most cases under 47 C.F.R. § 73.1206.'' EZ Sacramento, Inc.,
at para. 2. There are no ``new facts''; petitioners merely
continue to disagree with the conclusion that the rule
proscribes the conduct at issue in this case in a
sufficiently clear manner to warrant a forfeiture.1
Accordingly, we dismiss the petition pursuant to 47 C.F.R. §
1.106(b)(2).
3. Accordingly, IT IS ORDERED, pursuant to authority
granted by section 405(a) of the Communications Act of 1934,
as amended, 47 U.S.C. § 405(a), and section 1.106(b)(2) of
the Commission's rules, 47 C.F.R. § 1.106(b)(2), that the
petition for reconsideration filed March 22, 2001, by EZ Sacramento, Inc. and Infinity Broadcasting
Corporation of Washington, D.C. IS DISMISSED.
FEDERAL COMMUNICATIONS COMMISSION
Magalie Roman Salas
Secretary
_________________________
1 Compare Petition for Reconsideration at pp. 6-7 (``The
[February 20, 2001] MO&O imposes a penalty for Petitioners'
alleged failure to meet ... the new, novel ...
interpretation of the ... Rule'') with Application for
Review at pp. 8-9 ``[T]he Bureau is not authorized to adopt
a novel interpretation of a rule and then impose retroactive
liability on a licensee ..., as it has done in this case'').