******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************




                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554


In the matter of                 )
                                )    File No. EB-01-IH-0099  
Entercom New Orleans License,    )
LLC                              )    NAL/Acct. No. 2002 3208 
                                )    0006
Licensee of Station WEZB-FM,     )    Facility # 20346
New Orleans, Louisiana           )    FRN #  0004-9793-81


                  MEMORANDUM OPINION AND ORDER

   Adopted:  November 6, 2002                Released:  November 
7, 2002 

By the Chief, Enforcement Bureau:

                       I.     INTRODUCTION

     1.   In this Order, we cancel  a monetary forfeiture in  the 
amount of $4,000 proposed  against Entercom New Orleans  License, 
LLC (``Entercom''),  licensee of  Station WEZB-FM,  New  Orleans, 
Louisiana, for apparent willful  violation of Section 73.1206  of 
the Commission's rules, 47 C.F.R. § 73.1206, which requires  that 
a licensee  inform a  caller of  its intention  to broadcast  the 
caller's conversation except when the caller is aware, or may  be 
presumed to be aware, that the call is likely to be broadcast.1

     2.   On February  6, 2002,  the Chief,  Enforcement  Bureau, 
acting pursuant  to  delegated  authority,  issued  a  Notice  of 
Apparent  Liability   for  Forfeiture   (``NAL'')  to   Entercom, 
proposing a $4,000  forfeiture.2  We  issued the  NAL because  it 
appeared that Entercom had recorded and subsequently broadcast  a 
telephone conversation without informing  the other party of  its 
intention  to  do   so,  even   though  it   appeared  that   the 
circumstances required it.  We therefore determined that Entercom 
had apparently  violated  Section  73.1206  of  the  Commission's 
rules.

                         II. DISCUSSION

     3.   Entercom  responded   to   the   NAL,   and   requested 
cancellation of the  proposed forfeiture.   Entercom argued  that 
complainant's  telephone  call   falls  within  the   ``call-in'' 
presumption of  Section 73.1206  and that  the licensee  was  not 
required to  inform  the  complainant that  her  call  was  being 
recorded and  would  likely  be  broadcast.   In  this  case  the 
complainant originated  a  telephone  call  to  Entercom's  well-
publicized ``call-in''  telephone  line  during  a  program  that 
regularly broadcast telephone calls from listeners.  The  program 
host identified the station when  he answered the call.   Because 
the complainant  originated the  call, Entercom  argues that  the 
notice requirement of Section  73.1206 of the Commission's  rules 
was inapplicable  to the  call.   We have  considered  Entercom's 
response in  light of  the  unique facts  of  this case  and  the 
applicable provisions  of the  Commission's rules.   Under  these 
circumstances, we find  that complainant's  telephone call  falls 
within the ``call-in'' presumption of Section 73.1206, such  that 
notice is not  required in this  case.3  We, therefore,  conclude 
that cancellation of the proposed forfeiture is appropriate.

                     III.  ORDERING CLAUSES

     4.   Accordingly, IT IS ORDERED THAT, pursuant to 47  U.S.C.  
§ 504(b)  and 47  C.F.R. §  1.80(f)(4), the  monetary  forfeiture 
issued against  Entercom  New  Orleans  License,  LLC  IS  HEREBY 
CANCELLED. 

     5.   IT IS FURTHER  ORDERED that a  copy of this  Memorandum 
Opinion and Order shall be sent by Certified Mail/Return  Receipt 
Requested, to  Entercom New  Orleans License,  LLC, c/o  John  C. 
Donlevie, Executive Vice President, Entercom New Orleans License, 
LLC, 401  City  Avenue,  Suite  409,  Bala  Cynwyd,  Pennsylvania  
19004; with  a  copy to  Brian  M. Madden,  Leventhal,  Senter  & 
Lerman, P.L.L.C.,  2000 K  Street, N.W.,  Suite 600,  Washington, 
D.C. 20006-1809.  


                         FEDERAL COMMUNICATIONS COMMISSION
                    

     

                         David H. Solomon
                         Chief, Enforcement Bureau




_________________________

1 Section 73.1206 of the rules provides, in pertinent part, that:   
Before recording a telephone conversation for broadcast . . . a 
licensee shall inform any party to the call of the licensee's 
intention to broadcast the conversation, except where such 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.  
Such awareness is presumed to exist . . . [where the non-licensee 
party] originates the call and it is obvious that it is in 
connection with a program in which the station customarily 
broadcasts telephone conversations.  

2  See  Entercom New Orleans  License, LLC, 17 FCC Rcd. 2160  (EB 
2002).
3 See In the Matter of  Amendment of Part 73 of the  Commission's 
Rules and Regulations With Respect To the Broadcast of  Telephone 
Conversations, Report and Order, 23 FCC 2d 1,2 (1970).