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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

   In the Matter of Greater Boston Radio, Inc. Licensee of Station WMJX(FM)
   Boston, Massachusetts ) ) ) ) ) ) File No.: EB-08-IH-5305 NAL/Account No.:
   200932080039 FRN: 0005069802 Facility ID No.: 25052




   FORFEITURE ORDER

   Adopted: February 28, 2013 Released: February 28, 2013

   By the Chief, Investigations and Hearings Division, Enforcement Bureau:

   i. introduction

    1. In this Forfeiture Order, we assess a monetary forfeiture in the
       amount of four thousand dollars ($4,000) against Greater Boston Radio,
       Inc. (Licensee), licensee of Station WMJX(FM), Boston, Massachusetts
       (Station), for its willful and repeated violation of Section 73.1216
       of the Commission's rules concerning licensee-conducted contests.^  As
       discussed below, the Licensee violated the contest rule by
       broadcasting information about a contest without fully and accurately
       disclosing all material terms thereof and by failing to conduct the
       contest substantially as announced or advertised.

   ii. background

    2. The Commission received a complaint in May 2008 (Complaint) alleging
       that the Station failed to conduct a contest in accordance with the
       contest's advertised terms and the Commission's rules.^ The
       complainant alleged that contest promotions broadcast by the Station
       stated that the contest winner would receive the winner's choice of
       one of three new cars.^ The complainant was a preliminary winner who
       received an initial cash prize, along with an automobile ignition
       key.^ Only after qualifying for a chance to win the grand prize did
       the Complainant learn that the prize to be awarded was not the
       winner's choice of three available cars but, instead, a two-year lease
       of the selected car. The complainant also learned at that time that
       the winner had to qualify for credit with the car dealer supplying the
       leased car as a (previously unannounced) condition of the Station
       awarding the grand prize.^

    3. After receiving the Complaint, the Enforcement Bureau (Bureau) sent a
       letter of inquiry (LOI) to the Licensee, directing the Licensee to
       provide information about the contest.^ The Licensee responded to the
       LOI in March 2009 (LOI Response).^ In its LOI Response, the Licensee
       identified the contest as the "Cool, Hot or Green" contest (Contest)
       and explained the primary elements of the contest--that listeners were
       to call into the Station at designated times in order to win a gas
       card worth one hundred six dollars ($106) (representing the Station's
       position on the FM dial - 106.7MHz), and a chance to win the grand
       prize.^ The Station broadcast contest promotions stating that the
       grand prize was the winner's choice of three different cars.^

    4. The Licensee acknowledged that "while the Contest, as described on
       air, made plain that the grand prize winner would be able to choose
       from three different cars, only the complete rules of the Contest,
       made available via the Station's website . . . spelled out that what
       was being awarded was a two-year lease of the car chosen, and not
       title to a car, and that the winner would have to be qualified for
       credit by Prime Motor Group,"^ the Contest co-sponsor.^ ^ Moreover,
       the Licensee admitted that "the Station's on-air announcements did not
       directly refer listeners to the Station's website for complete contest
       rules."^ Nevertheless, the Licensee asserted that its violation of the
       Commission's rules was similar to that of the licensee in Kevin Cooney
       (Cooney), and that the violation in this case therefore warranted no
       greater sanction than an admonishment of the Licensee.^

    5. On April 8, 2009, having fully considered these arguments, we issued a
       Notice of Apparent Liability for Forfeiture (NAL) in the amount of
       four thousand dollars ($4,000) to the Licensee. We found that it
       broadcast information about the Contest without fully and accurately
       disclosing all material terms thereof and failed to conduct the
       contest substantially as announced or advertised, in violation of
       Section 73.1216 of the Commission's rules.^

    6. On May 7, 2009, the Licensee filed a response to the NAL (NAL
       Response).^ In the NAL Response, the Licensee does not dispute that
       its conduct of the Contest violated Section 73.1216, but nevertheless
       requests that the proposed forfeiture be cancelled or reduced to, at
       most, an admonishment.^ As justification for this request, the
       Licensee continues to primarily rely upon the decision in Cooney^  and
       to argue that "[b]ecause [that case]  is substantially similar to this
       case, under the principles of Melody Music . . . the most severe
       sanction appropriate here is an admonition."^ As noted above, in the
       NAL the Bureau specifically considered and rejected the Licensee's
       comparison of this case to Cooney,^ and we continue to do so here.

   III. DISCUSSION

    7. Section 73.1216, the Commission's rule concerning licensee-conducted
       contests, provides that: "A licensee that broadcasts or advertises
       information about a contest it conducts shall fully and accurately
       disclose the material terms of the contest, and shall conduct the
       contest substantially as announced or advertised. No contest
       description shall be false, misleading or deceptive with respect to
       any material term."^ Material terms under the rule "include those
       factors which define the operation of the contest and which affect
       participation therein[,]"^ and generally include, among other things,
       instructions on "how to enter or participate; eligibility restrictions
       . . . whether prizes can be won; when prizes can be won; the extent,
       nature and value of prizes . . . [and] time and means of selection of
       winners . . . ."^ Although a licensee has discretion in determining
       the time and manner of disclosing a contest's material terms, and need
       not enumerate the terms each time an announcement promoting a contest
       is broadcast, "the obligation to disclose the material terms arises at
       the time the audience is first told how to enter or participate [in
       the contest] and continues thereafter."^ Finally, disclosure of
       material terms must be made by announcements broadcast on the station;
       non-broadcast disclosures of material terms can be made to supplement,
       but not substitute for, broadcast announcements.^ The Licensee admits
       the violation at issue here, and thus, the only issue that remains in
       contention is the issuance of a forfeiture, as we assessed, versus an
       admonishment, as the Licensee advocates.^

    8. The proposed forfeiture amount in this case was assessed in accordance
       with Section 503(b) of the Communications Act of 1934, as amended (the
       Act),^ Section 1.80 of the Commission's rules,^ and the Commission's
       forfeiture guidelines set forth in its Forfeiture Policy Statement.^
       In assessing forfeitures, Section 503(b) of the Act requires that we
       take into account 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
       matters as justice may require.^ As discussed further below, we have
       examined the Licensee's response to the NAL pursuant to the
       aforementioned statutory factors, our rules, and the Forfeiture Policy
       Statement, and in light of the conduct, our precedent, and the
       Licensee's compliance history, we continue to find the base forfeiture
       amount to be appropriate in this case.

    A. Precedent Supports a Forfeiture in This Case.

   1. The Bureau's Forfeiture Assessment Accords With Recent Precedent.

    9. The Bureau's decision in this case is consistent with recent decisions
       concerning Section 73.1216,^ especially the Bureau decision in ABC,
       Inc.^ In ABC, two movie passes to the premier showing of the film
       "Spiderman" were awarded as a contest prize.^ The station never
       broadcast the fact that the award of the tickets did not guarantee
       admission to the theater, but it did notify the contest winner by
       telephone of that restriction when it awarded him the prize and when
       it later gave him the tickets.^ When the winner was unable to attend
       the "Spiderman" premier due to large crowds, the station offered him
       tickets to another movie that night, gave him promotional items, and
       purchased tickets for him to see "Spiderman" at a later date.^
       However, the Bureau found that the failure of the station to broadcast
       that the prize movie tickets did not guarantee admission to the
       theater was a failure to broadcast a material term, and despite the
       station's efforts to correct its failure, imposed a
       four-thousand-dollar ($4,000) forfeiture for ABC's violation of the
       Commission's contest rule.^ We find that the Licensee's failure to
       broadcast the fact that the grand prize was a car lease - and only if
       the winner qualified for it - rather than title to the car, as
       listeners were lead to believe, is more serious than the violation
       found in ABC.

   2. Cooney Does Not Control the Outcome in This Case.

   10. The Licensee continues to contend that Cooney, a Mass Media Bureau
       letter in which no forfeiture was imposed, controls the outcome of
       this case.^ In the NAL,  we considered and rejected this argument.^ In
       its NAL Response, the Licensee merely restates the arguments that we
       previously rejected in the NAL.^ Despite the Licensee's persistence,
       we continue to find that Cooney does not control the outcome in this
       matter.

   11. In Cooney, the complainant misunderstood the contest term "enter as
       often as you like."^ According to the licensee in that case, the term
       contemplated participation in various segments of the contest at
       issue, but actually prohibited duplicate entries (like the
       complainant's) from the same listener for the same music segment. The
       Mass Media Bureau determined that this exclusion, which could have
       been reasonably misunderstood, was a material term of the contest that
       should have been announced by the Station. It then determined that the
       overall circumstances of the case, which included consideration of the
       Station's offer to compensate the complainant and to take steps to
       assure accuracy in its contests, warranted an admonition.^ The
       circumstances in the instant case, however, warrant a forfeiture.
       Here, the Station never aired a complete description of each material
       term in its over 300 Contest promotions,^ essentially broadcast a
       false announcement of the grand prize rather than a vague one, failed
       to broadcast anything clarifying what it would award, and instead
       awarded something different than what it announced.^ In contrast, in
       Cooney, the Station did announce material terms, except one term was
       open to various interpretations, which the Mass Media Bureau
       determined should have been better defined.^ As discussed in the NAL
       and below, we find that the violation in the instant case is more
       serious than the violation in Cooney, and the degree of departure in
       this case from the contest rule warrants a stronger sanction than an
       admonishment. Accordingly, we continue to reject the Licensee's
       comparisons to Cooney.^

   3. Melody Music Does Not Compel a Different Result.

   12. Notwithstanding the foregoing, the Licensee argues that, under the
       principles of Melody Music, Inc. v. FCC (Melody Music), it should
       receive, at most, an admonishment for its conduct.^ We reject this
       argument. The Licensee's reliance on Melody Music is misplaced. First,
       Melody Music addresses the particular burdens that the Commission must
       meet in justifying its licensing decisions, not its enforcement
       actions; while some enforcement actions include decisions on whether
       to grant applications, this case does not.^ Moreover, as cases
       following Melody Music have noted, the requirements of Melody Music do
       not limit the Commission to previously assessed sanctions where there
       are factual distinctions that warrant different treatment, and the
       Commission has adequately explained such distinctions.^ Finally, the
       Commission has broad discretion to consider a variety of factors in
       determining an appropriate forfeiture amount, if warranted, when faced
       with a violation of its rules.^ We note that egregiousness is one of
       the factors under Section 1.80 of the rules that must be considered
       when determining the degree of a sanction.^ With respect to these last
       two points, we find that we have properly exercised our discretion and
       adequately explained that the Licensee's factual situation was
       different from cited precedent due to the egregiousness of the
       violation.

    B. The Gravity of the Violation Warrants a Forfeiture.

   13. We note that the serious nature of the violation here justifies the
       forfeiture that we proposed. In the NAL Response, the Licensee asserts
       that the violation was "relatively minor" in nature^ and that "no
       [C]ontest participant suffered any damages in reliance on his or her
       misunderstanding of the rules."^ These contentions echo the arguments
       that the Licensee put forward in its LOI Response.^ As we did in the
       NAL, we continue to reject this position.^

   14. As described above, the violation in this case was fundamental and
       serious. The Licensee failed to accurately describe both the prize and
       the conditions required to win that prize.^ Omitting or obscuring such
       a fundamental Contest term as the Contest prize undermines the essence
       of the contest rule, which is designed to ensure that listeners are
       accurately informed of the material terms of the contest. Moreover, in
       focusing on the listeners' "misunderstanding of the rules," the
       Licensee appears to misunderstand its obligations. The burden is not
       on the listener to surmise the nature of the prize--it is on the
       Licensee to announce it.^ Indeed, we find the so-called
       "misunderstandings" of Station listeners and Contest contestants to be
       both reasonable and warranted because the Station's promotions were
       fundamentally misleading. In claiming that no harm resulted from such
       misleading behavior, the Licensee ignores its basic obligation to
       prevent the broadcast of false, misleading or deceptive contest
       announcements.^ Such a claim also ignores the likelihood that Contest
       participants, such as the complainant, may have relied on the
       announced grand prize, rather than the actual grand prize, to enter
       the contest in the first instance and discounts the possibility of
       damages from such reliance. Furthermore, the Licensee admits that some
       of the qualifying contestants complained about the Station's
       misleading advertisements,^ which indicates that they were indeed
       harmed by the Licensee's conduct. Accordingly, we find these
       contentions unpersuasive, as we have when addressing similar arguments
       from other licensees.^

   15. As a result of our review of the Licensee's response to the NAL, and
       in view of the statutory factors and the Forfeiture Policy Statement,
       we affirm the NAL and issue a forfeiture in the amount of four
       thousand dollars ($4,000).^

   IV. ORDERING CLAUSES

   16. Accordingly, IT IS ORDERED that, pursuant to Section 503(b) of the
       Act,^ and Sections 0.111, 0.311 and 1.80(f)(4) of the Commission's
       rules,^ Greater Boston Radio, Inc. IS LIABLE FOR A MONETARY FORFEITURE
       in the amount of four thousand dollars ($4,000) for willful violation
       of Section 73.1216 of the Commission's rules.^

   17. Payment of the forfeiture shall be made in the manner provided for in
       Section 1.80 of the Rules by close of business on or before ten days
       after the date of the entry of this Order.^ If the forfeiture is not
       paid within the period specified, the case may be referred to the U.S.
       Department of Justice for enforcement of the forfeiture pursuant to
       Section 504(a) of the Act.^  Greater Boston Radio, Inc. shall send
       electronic notification of payment to Judy Lancaster at
       Judy.Lancaster@fcc.gov, Anjali K. Singh at Anjali.Singh@fcc.gov, and
       Jeffrey J. Gee at Jeffrey.Gee@fcc.gov on the date said payment is
       made.

   18. The payment must be made by check or similar instrument, wire
       transfer, or credit card, and must include the NAL/Account number and
       FRN referenced above. Regardless of the form of payment, a completed
       FCC Form 159 (Remittance Advice) must be submitted.^ When completing
       the FCC Form 159, enter the Account Number in block number 23A (call
       sign/other ID) and enter the letters "FORF" in block number 24A
       (payment type code).  Below are additional instructions you should
       follow based on the form of payment you select:

     * Payment by check or money order must be made payable to the order of
       the Federal Communications Commission.  Such payments (along with the
       completed Form 159) must be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000, or sent
       via overnight mail to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101.

     * Payment by wire transfer must be made to ABA Number 021030004,
       receiving bank TREAS/NYC, and Account Number 27000001.  To complete
       the wire transfer and ensure appropriate crediting of the wired funds,
       a completed Form 159 must be faxed to U.S. Bank at (314) 418-4232 on
       the same business day the wire transfer is initiated.

     * Payment by credit card must be made by providing the required credit
       card information on FCC Form 159 and signing and dating the Form 159
       to authorize the credit card payment. The completed Form 159 must then
       be mailed to Federal Communications Commission, P.O. Box 979088, St.
       Louis, MO 63197-9000, or sent via overnight mail to U.S. Bank -
       Government Lockbox #979088, SL-MO-C2-GL, 1005 Convention Plaza, St.
       Louis, MO 63101.

   19. Any request for full payment under an installment plan should be sent
       to:  Chief Financial Officer--Financial Operations, Federal
       Communications Commission, 445 12th Street, S.W., Room 1-A625,
       Washington, D.C.  20554.^  If you have questions regarding payment
       procedures, please contact the Financial Operations Group Help Desk by
       phone, 1-877-480-3201, or by e-mail, ARINQUIRIES@fcc.gov.

   20. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent by First Class Mail and Certified Mail Return Receipt Requested
       to Greater Boston Radio, Inc., 35 Braintree Hill Office Park, Suite
       300, Braintree, Massachusetts 02184-8703, and to its counsel, Sally A.
       Buckman and David S. Keir, Lerman Senter PLLC, 2000 K Street, NW,
       Suite 600, Washington, D.C. 20006-1809.

   FEDERAL COMMUNICATIONS COMMISSION

   Theresa Z. Cavanaugh

   Chief, Investigations and Hearings Division

   Enforcement Bureau

   ^ 47 C.F.R. S 73.1216.

   ^  Complaint to Federal Communication Commission, IC No. 08-C00018081-1
   (May 2, 2008) (on file in EB-08-IH-5305) (Complaint).

   ^ Id. at 3.

   ^ Id.

   ^  Id.

   ^  Letter from Rebecca Hirselj, Assistant Chief, Investigations and
   Hearings Division, FCC Enforcement Bureau, to Greater Boston Radio, Inc.
   (Feb. 11, 2009) (on file in EB-08-IH-5305) (LOI).

   ^  Letter from David S. Keir, Esq., Lerman Senter PLLC, to Judy Lancaster,
   Attorney Advisor, Investigations and Hearings Division, FCC Enforcement
   Bureau (Mar. 20, 2009) (on file in EB-08-IH-5305) (LOI Response).

   ^  Id. at 2.

   ^  Id. at 2-3.

   ^  Id. at 3.

   ^  Id.

   ^  Id. at 2. The Station's announcements consistently described the grand
   prize in the "Cool, Hot or Green" contest as "A Cool Mercedes Benz...A Hot
   Audi TT Convertible...or a [Green] Toyota Prius Hybrid . . . from Prime
   Auto Group . . . No fine print gimmicks . . . on line at Driveprime.com!"
   Id. at Exh. 2.

   ^  Id. at 6-7 (citing Kevin Cooney, Letter of Admonition, 5 FCC Rcd 7105
   (Mass Med. Bur. 1990) (Cooney)).

   ^  Greater Boston Radio, Inc., Notice of Apparent Liability for
   Forfeiture, 24 FCC Rcd 4103, 4106, para. 9 (Enf. Bur. 2009) (NAL).

   ^ Letter and Response to Notice of Apparent Liability for Forfeiture from
   Sally A. Buckman and David S. Kier, Attorneys, Lerman Senter PLLC, to
   Hillary S. DeNigro, Chief, Investigations and Hearings Division, FCC
   Enforcement Bureau (May 7, 2009) (on file in EB-08-IH-5305) (NAL
   Response).

   ^  See id at 1, 8.

   ^  See id. at 3-6  (citing Cooney, 5 FCC Rcd 7105).

   ^  Id. at 5 (citing Melody Music, Inc. v FCC, 345 F.2d 730 (D.C. Cir.
   1965) (Melody Music)).

   ^  NAL, 24 FCC Rcd at 4106-07, paras. 10-11.

   ^ 47 C.F.R. S 73.1216.

   ^  Id.,  Note 1(b).

   ^  Id.

   ^  Id., Note 2.

   ^  See id. ("material terms should be disclosed periodically by
   announcements broadcast on the station conducting the contest") (emphasis
   added). Posting contest rules on a station's website does not satisfy
   Section 73.1216's requirement that a licensee broadcast the material terms
   of a contest it conducts. See, e.g.,  Service Broadcasting Group, LLC,
   Notice of Apparent Liability for Forfeiture, 24 FCC Rcd 8494, 8497, para.
   10 (Enf. Bur. 2009) (assessed $4,000 forfeiture for inaccurate description
   of contest prize) (forfeiture paid) (Service Broadcasting); AK Media
   Group, Notice of Apparent Liability for Forfeiture, 15 FCC Rcd 7541, 7543,
   para. 7 (Enf. Bur. 2000) (forfeiture paid).

   ^ See NAL Response at 1, 8.

   ^ 47 U.S.C. S 503(b).

   ^ 47 C.F.R. S 1.80.

   ^  The Commission's Forfeiture Policy Statement and Amendment of Section
   1.80 of the Rules to Incorporate the Forfeiture Guidelines, Report and
   Order, 12 FCC Rcd 17087, para. 53 (1997), recons. denied, 15 FCC Rcd 303,
   para. 1 (1999).

   ^  47 U.S.C. S 503(b)(2)(E).

   ^  See, e.g., Citicasters Co., Notice of Apparent Liability for
   Forfeiture, 15 FCC Rcd 16612, 16613-14, paras. 6, 8 (Enf. Bur. 2000)
   ($4,000 forfeiture imposed for the licensee's failure to fully and
   accurately disclose contest term that the prize was one million Turkish
   lira, not $1,000,000) (forfeiture paid); Clear Channel Broadcasting
   Licenses, Inc.,  Notice of Apparent Liability for Forfeiture, 15 FCC Rcd
   2734, 2735-36, paras. 6, 9 (Enf. Bur. 2000) ($4,000 forfeiture imposed for
   the licensee's failure to fully and accurately disclose contest term that
   the prize was 10,000 Italian lira, not $10,000) (forfeiture paid); Service
   Broadcasting,  24 FCC Rcd at 8497, para. 10 ($4,000 forfeiture proposed
   for licensee's failure to fully and accurately disclose that prize was
   access to a concert rather than access to a VIP section "up close and
   personal" with performing artist Nelly).

   ^ See ABC, Inc., Notice of Apparent Liability for Forfeiture, 18 FCC Rcd
   25647, 25650, paras. 9-10 (Enf. Bur. 2003) (forfeiture paid) (ABC).

   ^ See id. at 25647, para. 2.

   ^ See id. at 25648, para. 4.

   ^ See id.

   ^  See id. at 25650-51, paras. 9-10.

   ^ See LOI Response at 6-7; NAL Response at 3-6.

   ^ See NAL, 24 FCC Rcd at 4106-07, paras. 10-11.

   ^ ^ See NAL Response at 3-6; NAL, 24 FCC Rcd at 4106-07, paras. 10-11.

   ^ See Cooney, 5 FCC Rcd 7105.

   ^ See id.

   ^ See LOI Response at 3-4; NAL, 24 FCC Rcd at 4106, para. 9.

   ^ See NAL, 24 FCC Rcd at 4106, para. 9. The Station's promotional
   advertisement for the Contest states "Your choice of a Mercedes Benz
   Z300W, an Audi TT 2.0 front wheel drive roadster, or a Toyota Prius
   hybrid, from Prime Motor Group with no fine print gimmicks."  LOI Response
   at Exh. 1 (emphasis added). Yet, the unannounced winner qualifications
   requirement and the misleading prize description appear to be just the
   types of gimmicks that the announcement renounces.

   ^ Cooney, 5 FCC Rcd at 7105.

   ^ In addition, to the extent the Licensee's NAL Response suggests that it
   took remedial measures that warrant a reduction in the sanction, we reject
   such a contention. The NAL Response states that "it is not contending . .
   . that corrective action excuses or nullifies a violation of [Commission]
   rules" while simultaneously noting that "the necessary remediation in the
   instant case involves enhanced future vigilance with respect to compliance
   with the FCC's contest rule." NAL Response at 3, 6. It is well settled
   that subsequent remedial actions do not excuse or nullify a licensee's
   violation of a Commission rule. See, e.g., Colby-Sawyer College,
   Forfeiture Order, 26 FCC Rcd 9302, 9303, para.7 (Media Bur. 2011)
   ("Corrective action taken to come into compliance with the Rules is
   expected, and does not mitigate, much less negate, any prior forfeitures
   or violations") (forfeiture paid). We may consider pre-investigative
   remedial measures when we determine the sanction to be imposed for a rule
   violation. See, e.g., Guy Gannett Publishing Co., Memorandum Opinion and
   Order, 5 FCC Rcd 7688, 7890, para. 12 (Mass Media Bur. 1990) ("the
   Commission generally considers prompt and effective remedial action by a
   licensee as mitigative in determining the appropriate sanction level in an
   enforcement proceeding."). We do not consider that point applicable here,
   however, because any purportedly mitigating measures that the Licensee
   took occurred after our investigation commenced. See LOI Response at 2, 6,
   Exh. 8 (noting the Licensee's "addressing with Station personnel the
   omission of some material terms from the Station's announcement" and
   distributing a March 19, 2009, advisory notice regarding "Required
   Announcements Concerning Station-Sponsored Contests" to programming and
   promotions personnel nearly one year after the Contest).

   ^ See NAL Response at 5.

   ^ See Broadcast Consultant's Corp., Memorandum Opinion and Order, 58 FCC
   2d 1290, 1292, para. 6 (1976).

   ^ See, e.g., Continental Broadcasting, Inc., v. Federal Communications
   Commission, 439 F.2d 580, 582-83 (D.C. Cir. 1971) (finding that "the
   choice of remedies and sanctions is a matter wherein the Commission has
   broad discretion" and considering Melody Music not to be on point where
   close parallels do not exist) (internal quotation marks, citations, and
   subsequent history omitted); White Mountain Broadcasting Co., Inc., v.
   Federal Communications Commission, 598 F.2d 274, 278-79 (D.C. Cir. 1978)
   (upholding Melody Music in a licensing proceeding but finding that
   differences between conduct of licensee at issue versus conduct of
   licensees facing milder enforcement sanctions were "so `obvious' as to
   remove the need for explanation") (internal citations and subsequent
   history omitted).

   ^ See Entercom Wichita License, LLC, Forfeiture Order, 24 FCC Rcd 1270,
   1273, para. 8 (Enf. Bur. 2009) (forfeiture paid) (Entercom Wichita).

   ^ 47 C.F.R. S 1.80.

   ^ NAL Response at 3.

   ^ Id. at 6.

   ^  See LOI Response at 6.

   ^ See NAL, 24 FCC Rcd 4103, 4106, paras. 10-11.

   ^ See supra note 42 and accompanying text.

   ^ See, e.g., WMJX, Inc., Decision, 85 FCC 2d 251, 269-277, paras. 31-41
   (1981) (subsequent history omitted) (WMJX, Inc.) (holding, in part, that
   the licensee, as a public trustee, has an affirmative obligation to
   prevent the broadcast of false, misleading or deceptive contest
   announcements).

   ^ See id.

   ^ See LOI Response at 6.

   ^ See Service Broadcasting,  24 FCC Rcd at 8497, para. 10; NM Licensing
   LLC, Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 7916,
   7919-20, para. 9 (Enf. Bur. 2006) (forfeiture paid) ("that it offered
   compensation to the participants that were unable to participate due to
   the alteration in schedule, does not mitigate [the licensee's] liability .
   . . . [A] showing of harm is not necessary to establish a violation [of S
   73.1216 of the Commission's rules]"); Clear Channel Broadcasting Licenses,
   Inc., Notice of Apparent Liability for Forfeiture, 21 FCC Rcd 6808, 6810,
   para. 5 (Enf. Bur. 2006) (holding that with regard to what constitutes a
   false, misleading or deceptive announcement, it is enough "if the net
   impression of the announcement has a tendency to mislead the public")
   (internal quotation marks and citations omitted) (forfeiture paid); Clear
   Channel Broadcasting Licenses, Inc., Notice of Apparent Liability for
   Forfeiture, 21 FCC Rcd 4072, 4074, para. 9 (Enf. Bur. 2006) ("Although
   Clear Channel later conducted a second drawing, such remedial action does
   not absolve it from liability and the proposed forfeiture penalty")
   (forfeiture paid).

   ^ We caution licensees that future violations of comparable severity may
   incur higher penalties.

   ^  See 47 U.S.C. S 503(b).

   ^  See 47 C.F.R. SS 0.111, 0.311, 1.80(f)(4).

   ^  See 47 C.F.R. S 73.1216.

   ^ 47 C.F.R. S 1.80.

   ^ 47 U.S.C. S 504(a).

   ^ An FCC Form 159 and detailed instructions for completing the form may be
   obtained at http://www.fcc.gov/Forms/Form159/159.pdf.

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

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   Federal Communications Commission DA 13-310