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                           Before the
                Federal Communications Commission
                      Washington, DC 20554


In the Matter of                 )
                                )
WXDJ LICENSING, INC.             )    File No. EB-03-IH-0275
                                )    NAL Account No. 
Licensee of Station WXDJ(FM),    )    200432080026
North Miami, Florida             )    Facility No. 48368
                                )    FRN No. 0004976874
                                )
                                )


           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  April 22, 2004             Released:  April 23, 2004

By the Chief, Enforcement Bureau:

I.   INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), we find that, on  June 17, 2003, WXDJ Licensing,  Inc. 
(``WXDJ''), licensee of Station  WXDJ(FM), North Miami,  Florida, 
apparently willfully violated Section 73.1206 of the Commission's 
rules.1  Based upon our review of the facts and circumstances  in 
this case, and for the reasons discussed below, we conclude  that 
WXDJ is apparently liable for a monetary forfeiture in the amount 
of Four Thousand Dollars ($4,000.00).  

II.  BACKGROUND 

     2.   The Commission  received  an  informal  complaint  that 
Station WXDJ(FM) broadcast a telephone conversation between radio 
personalities  Joe  Ferrero  and  Enrique  Santos  of  WXDJ   and 
President Fidel Castro of the Republic of Cuba and four officials 
of the  Cuban government.2   According to  the complaint,  and  a 
recording of the broadcast  available on WXDJ(FM)'s website,  Mr. 
Santos and Mr. Ferrero pretended  to be President Hugo Chavez  of 
Venezuela and a high-ranking Venezuelan government official,  and 
telephoned the Cuban Ministry of Foreign Relations, requesting to 
speak to President Castro.  Each Cuban official was informed that 
President Chavez was on  the line waiting  to speak to  President 
Castro on  an urgent  matter and  each official  transferred  the 
caller to another official closer to the intended recipient until 
President Castro answered the phone. When Mr. Castro answered the 
phone, Mr. Ferrero informed him that President Chavez was on  the 
line and  wished to  speak to  him concerning  the loss  of  some 
sensitive material.  Moments later, Mr. Ferrero revealed the ruse 
to Mr. Castro and identified himself and Mr. Santos as  employees 
of Station WXDJ(FM). 

     3.   After reviewing the  complaint, we issued  a letter  of 
inquiry to WXDJ, in which we requested that the licensee  confirm 
whether Station WXDJ(FM) had broadcast either a live or  recorded 
telephone conversation between WXDJ's  radio personnel and  Cuban 
government  officials,  and  the  time  and  date  of  each  such 
broadcast.3  We further requested that WXDJ identify whether  the 
station's personnel  had provided  each  party to  the  telephone 
conversation with  prior notice  that they  intended to  air  the 
conversation. 

     4.   In  its  response  to  our  letter  of  inquiry,4  WXDJ 
admitted that, on June 17, 2003, at 11:08 a.m., Station  WXDJ(FM) 
recorded a telephone conversation between Joe Ferrero and Enrique 
Santos and President  Fidel Castro  of the Republic  of Cuba  and 
four officials of  the Cuban government  prior to its  broadcast; 
that the Cuban officials were not provided with notice that their 
conversations were to be broadcast  prior to recording; and  that 
Mr. Castro was only provided with notice of the station's  intent 
to record and broadcast  the conversation after the  conversation 
had  commenced.    WXDJ  further   admits  that   the   telephone 
conversation was broadcast a total of five times between June  17 
and 18, 2003.   Finally, WXDJ maintains  that section 73.1206  of 
the Commission's rules does not apply  ``to a head of state of  a 
foreign nation whose trade  is embargoed and  to which travel  by 
U.S. [c]itizens is restricted, and is therefore considered to  be 
`hostile' to the United States.''5

III.  DISCUSSION

     5.   Under section 503(b)(1)  of the  Communications Act  of 
1934, as amended (the ``Act''),6  any person who is determined by 
the Commission to have willfully  or repeatedly failed to  comply 
with any provision of the Act  or any rule, regulation, or  order 
issued by the Commission shall be liable to the United States for 
a monetary  forfeiture  penalty.   In  order  to  impose  such  a 
forfeiture  penalty,  the  Commission  must  issue  a  notice  of 
apparent liability, the notice must  be received, and the  person 
against whom the notice has been issued must have an  opportunity 
to show, in  writing, why  no such forfeiture  penalty should  be 
imposed.7  The  Commission will  then issue  a forfeiture  if  it 
finds by  a preponderance  of the  evidence that  the person  has 
violated the  Act or  a Commission  rule.8  As  we set  forth  in 
greater detail below, we conclude  under this standard that  WXDJ 
is apparently liable  for a forfeiture  for its apparent  willful 
violation of section 73.1206 of the Commission's rules. 



     6.   Section 73.1206 of the Commission's rules provides,  in 
pertinent part:

     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  only when  the  other 
     party to the call is associated with the station  (such 
     as [sic] employee or part-time reporter), or where  the 
     other party originates the call and it is obvious  that 
     it is in connection with a program in which the station 
     customarily broadcasts telephone conversations.

Thus, section 73.1206 requires licensees  to notify parties to  a 
telephone call before it initiates recordings for simultaneous or 
later  broadcasts.   The  Commission  has  stated  that   ``[t]he 
recording of such  conversation with the  intention of  informing 
the other party later - whether during the conversation or  after 
it is completed  but before it  is broadcast --  does not  comply 
with the Rule  . .  . .''9   The rule  reflects the  Commission's 
longstanding belief  that  prior  notification  is  essential  to 
protect individuals' legitimate expectation  of privacy, as  well 
as to  preserve  their  dignity  by  avoidance  of  nonconsensual 
broadcasts of their conversations.10    Thus, the Commission  has 
held  that  the  prior   notification  requirement  ensures   the 
protection of  an individual's  ``right to  answer the  telephone 
without having [his  or her] voice  or statements transmitted  to 
the public  by a  broadcast station''  live or  by recording  for 
delayed airing.11  Applying  this reasoning,  the Commission  has 
defined ``conversations'' broadly ``to include any word or  words 
spoken during the telephone call,'' and specifically has rejected 
arguments that ``utterances made  by parties called in  answering 
the phone''  are not  subject to  the rule's  prior  notification 
requirement.12  In this case, Mr.  Santos and Mr. Ferrero  failed 
to provide  prior notification  to the  recipients of  the  phone 
calls  that   they  intended   to   record  and   broadcast   the 
conversation, and spoke to all five recipients on the air  before 
informing the last one that they were employees of WXDJ.  Nor  is 
there any basis for presuming that the recipients would have been 
aware that the conversations would be broadcast. 

     7.   Further, we find no merit  in WXDJ's claim that it  was 
somehow exempt from complying with the telephone broadcast  rules 
because the  recipients of  the  phone calls  reside in  Cuba,  a 
country  in  which  the  United  State  maintains  no  diplomatic 
relations and to which travel by US citizens is restricted. It is 
the specific conduct of the licensee that section 73.1206 of  the 
Commission's rules seeks to proscribe, and we find nothing in the 
rule that  excuses the  prohibited conduct  on the  basis of  the 
recipients' residence or their  political status.13  The rule  is 
designed to promote disclosure by licensees before a conversation 
is recorded  and/or broadcast  and to  curb behavior  that  would 
result in a recipient of a call being embarrassed or surprised by 
a licensee.  It was  in fact the intention  and result of  WXDJ's 
actions to fool and surprise  the recipients of the call.   While 
Fidel Castro was the ultimate target  of WXDJ, none of the  other 
recipients  were  informed  prior  to  the  commencement  of  the 
conversation that  their exchange  was being  recorded for  later 
broadcast.

     8.   Based upon the information before us, we conclude that, 
on June 17, 2003, WXDJ broadcast a conversation between employees 
of WXDJ and officials of  the Cuban government without  providing 
prior notice  that  it intended  to  air their  conversation,  in 
apparent willful violation of section 73.1206 of the Commission's 
rules.  In light of  this apparent violation,  we find that  WXDJ 
should be  assessed  a  monetary  forfeiture.   The  Commission's 
Forfeiture Policy  Statement sets  a  base forfeiture  amount  of 
$4,000.00  for  the   unauthorized  broadcast   of  a   telephone 
conversation14 and provides that base forfeitures may be adjusted 
based upon  consideration of  the factors  enumerated in  Section 
503(b)(2)(D)  and   1.80(a)(4),  which   include  ``the   nature, 
circumstances, extent, and gravity of the violation . . . and the 
degree of culpability, any history of prior offenses, ability  to 
pay, and such other matters as justice may require.''15     Based 
upon the facts and circumstances presented here, we find the base 
amount of Four Thousand Dollars ($4,000.00) to be the appropriate 
proposed forfeiture amount.16  

IV.  ORDERING CLAUSES

     9.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications Act  of  1934, as  amended,17  and 
Sections 0.111, 0.311 and 1.80 of the Commission's rules,18  WXDJ 
Licensing,  Inc.,  licensee  of  WXDJ(FM),  North  Miami   Beach, 
Florida, is  hereby  NOTIFIED of  its  APPARENT LIABILITY  FOR  A 
FORFEITURE in the amount of Four Thousand Dollars ($4,000.00) for 
willfully violating Section 73.1206 of the Commission's rules  on 
October 3, 2002.19

     10.  IT IS FURTHER ORDERED THAT, pursuant to Section 1.80 of 
the rules,20 within thirty (30)  days of this NOTICE OF  APPARENT 
LIABILITY, WXDJ Licensing, Inc. SHALL PAY the full amount of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.  Payment of 
the forfeiture  may  be  made  by  mailing  a  check  or  similar 
instrument, payable to  the order of  the Federal  Communications 
Commission, to  Forfeiture  Collection Section,  Finance  Branch, 
Federal  Communications  Commission,  P.O.  Box  73482,  Chicago, 
Illinois  60673-7482.    The  payment   must  include   the   FCC 
Registration Number (FRN) referenced above and also must note the 
NAL/Acct. No. referenced above.

     11.  The response,  if any,  must be  mailed to  William  H. 
Davenport,   Chief,   Investigations   and   Hearings   Division, 
Enforcement Bureau, Federal  Communications Commission, 445  12th 
Street, S.W.,  Room  3-B443,  Washington,  D.C.  20554  and  MUST 
INCLUDE THE NAL/Acct. No. referenced above.  

     12.  Requests for payment of the full amount of this  Notice 
of Apparent Liability  under an installment  plan should be  sent 
to: Chief,  Revenue and  Receivables Operations  Group, 445  12th 
Street, S.W., Washington, D.C. 20554.21 

     13.  Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved  in forfeitures.   If you  qualify as  a  small 
entity and  if you  wish to  be  treated as  a small  entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either in  your response  to the NAL  or in  a 
separate filing to  be sent  to the  Investigations and  Hearings 
Division.   Your  certification  should  indicate  whether   you, 
including your parent  entity and its  subsidiaries, meet one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of Communications Business Opportunities (OCBO) set  forth 
in Attachment  A  of this  Notice  of Apparent  Liability.   This 
information will  be  used  for  tracking  purposes  only.   Your 
response or  failure to  respond to  this question  will have  no 
effect on your  rights and responsibilities  pursuant to  Section 
503(b)  of  the  Communications  Act.   If  you  have   questions 
regarding any  of  the  information contained  in  Attachment  A, 
please contact OCBO at (202) 418-0990.

     14.  Accordingly, IT  IS ORDERED  that the  complaint  filed 
against WXDJ Licensing, LLC,  licensee of WXDJ(FM), North  Miami, 
Florida, IS GRANTED to the extent set forth herein.

     15.  IT IS FURTHER  ORDERED that  a copy of  this NOTICE  OF 
APPARENT LIABILITY  shall  be sent  by  Certified Mail  -  Return 
Receipt Requested to  WXDJ Licensing, Inc.,  2601 South  Bayshore 
Drive, Penthouse  2, Coconut  Grove,  FL 33133  and to  Allan  G. 
Moskowitz,  Esq.,  Kaye  Scholer   LLP,  901  15th  Street,   NW, 
Washington, D.C. 20005. 


                         FEDERAL COMMUNICATIONS COMMISSION



                         David H. Solomon
                         Chief, Enforcement Bureau

                                                                 


                        Attachment A

                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                      Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                     Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                 1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International Broadcast 
Stations






                                 $12.5 Million in Annual 
                                     Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                              $12 Million in Annual Receipts 
                                         or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                             $40M in annual gross revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                 1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             controlling principals)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                             three previous calendar years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three 
                             calendar years (includes 
                             affiliates and persons or 
                             entities that hold interest in 
                             such entity and their 
                             affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                             average annual gross revenues 
                             for three preceding calendar 
                             years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small Business is 1,500 
Public Safety Radio Services employees or less
                             Small Government Entities has 
                             population of less than 50,000 
                             persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction special size standard 
                             (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                             for three preceding calendar 
                             years
                             Prior to Auction -
                             Small Business has annual 
                             revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                     Receipts or Less
Instructional Television 
Fixed Service
                             Auction special size standard 
                             (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             First Auction special size 
                             standard (1994) -
                             Small Business is an entity 
                             that, together with its 
                             affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                             federal income taxes (excluding 
                             carryover losses) has no more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                     Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                    $11.5 Million in Annual 
                                     Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                         or Less
Tower Owners                 (See Lessee's Type of Business)





_________________________

1 47 C.F.R. § 73.1206.
2  Ferrero and Santos are morning talk show hosts of ``El Vacilón 
de la Mañana''  (``The Morning High Jinks'').
3 See Letter from Maureen F. Del Duca, Chief, Investigations  and 
Hearings Division,  Enforcement  Bureau,  Federal  Communications 
Commission, to WXDJ Licensing, Inc., dated December 11, 2003.
4 Letter  from  Allan  G.  Moskowitz,  Esq.,  attorney  for  WXDJ 
Licensing, Inc.,  to the  Investigations and  Hearings  Division, 
Enforcement  Bureau,  Federal  Communications  Commission,  dated 
January 7, 2004 (``Response'').   
5 Id. at 5.
6 47 U.S.C. § 503(b)(1)(B); 47  C.F.R. § 1.80(a)(1); see also  47 
U.S.C. § 503(b)(1)(D) (forfeitures for  violation of 14 U.S.C.  § 
1464).  Section 312(f)(1)  of the  Act defines  willful as  ``the 
conscious and  deliberate commission  or omission  of [any]  act, 
irrespective of any  intent to  violate'' the law.   47 U.S.C.  § 
312(f)(1).  The legislative history  to section 312(f)(1) of  the 
Act clarifies that  this definition  of willful  applies to  both 
sections 312 and 503(b)  of the Act, H.R.  Rep. No. 97-765,  97th 
Cong. 2d Sess. 51 (1982),  and the Commission has so  interpreted 
the term in the section  503(b) context.  See, e.g.,  Application 
for Review of  Southern California  Broadcasting Co.,  Memorandum 
Opinion and  Order,  6  FCC Rcd  4387,  4388  (1991)  (``Southern 
California Broadcasting Co.'').  The Commission may also assess a 
forfeiture for  violations  that  are merely  repeated,  and  not 
willful.  See,  e.g.,  Callais  Cablevision,  Inc.,  Grand  Isle, 
Louisiana, Notice of Apparent Liability for Monetary  Forfeiture, 
16 FCC Rcd 1359  (2001) (issuing a  Notice of Apparent  Liability 
for, inter alia,  a cable television  operator's repeated  signal 
leakage).  ``Repeated'' merely means  that the act was  committed 
or omitted more than once, or lasts more than one day.   Southern 
California Broadcasting  Co., 6  FCC Rcd  at 4388,  ¶ 5;  Callais 
Cablevision, Inc., 16 FCC Rcd at 1362, ¶ 9.    
7 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
8 See,  e.g., SBC  Communications, Inc.,  Apparent Liability  for 
Forfeiture, Forfeiture Order, 17 FCC  Rcd 7589, 7591, ¶ 4  (2002) 
(forfeiture paid). 
9  Station-Initiated Telephone  Calls which Fail  to Comply  with 
Section 73.1206 of the Rules, Public  Notice, 35 FCC 2d 940,  941 
(1972) (``1972 Public Notice'').  
10  See  Amendment  of  Section  1206:  Broadcast  of   Telephone 
Conversations, Report and Order, 3  FCC Rcd 5461, 5463-64  (1988) 
(``1988 Order''); 1972 Public Notice, 35 FCC 2d at 941; 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); see  also EZ Sacramento,  Inc. and  Infinity 
Broadcasting Corporation of Washington, D.C., Memorandum  Opinion 
and Order,  16 FCC  Rcd  4958, 4958  (2002) (finding  that  prior 
notifications ``effectively cease'' when callers are put on hold, 
and that thus explicit notice must  be given if stations plan  to 
continue such broadcasts or  record such conversations for  later 
broadcasts); Heftel  Broadcasting-Contemporary, Inc.,  Memorandum 
Opinion and  Order, 52  FCC 2d  1005, 1006  (1975) (finding  that 
``cash call'' promotions that simultaneously broadcast, and award 
prizes based on,  parties' responses in  answering the  telephone 
are subject to section 73.1206's prior notification  requirement) 
(emphasis added).  
11 1988 Order, 3 FCC Rcd at 5463. 
12 Heftel Broadcasting-Contemporary, Inc., 52 FCC 2d at 1006.
13 See, e.g., Tempe Radio, Inc., 18 FCC Rcd 20102 (2003)  (Notice 
of Apparent  Liability issued  for violation  of section  73.1206 
where complaint was filed by  member of listening public and  not 
recipient of telephone call).
14 See Commission's Forfeiture Policy Statement and Amendment  of 
Section  1.80  of  the   Rules  to  Incorporate  the   Forfeiture 
Guidelines, 12 FCC Rcd 17087,  17113 (1997),  Forfeiture, 15  FCC 
Rcd 303 (1999).
15 Id. at 17100-01.
16 See, e.g., El Mundo Broadcasting Corp., 15 FCC Rcd. 20377  (EB 
2000), Forfeiture Order,  16 FCC Rcd  4513 (EB 2001)  (forfeiture 
lowered from $6,000.00 to $4,000.00).
17 47 U.S.C. § 503(b).
18 47 C.F.R. §§ 0.111, 0.311 and 1.80.
19 47 C.F.R. § 73.1206.
20 47 C.F.R. § 1.80.
21 47 C.F.R. § 1.1914.