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

In the Matter of                 )
CITICASTERS CO.                  )    File No. EB-00-IH-0065
                                )    NAL/Acct. No. X32080015
Licensee of Station KITT(FM)     )    Facility ID# 46982
Shreveport, Louisiana            )    JJS


   Adopted:  May 5, 2000                Released:  May 9, 2000    

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find  Citicasters  Co.  (``Citicasters''),  licensee  of  Station 
KITT(FM),  Shreveport,   Louisiana,  apparently   liable  for   a 
forfeiture in the amount of four thousand dollars ($4,000) for  a 
violation of  Section 73.1216  of the  Commission's rules,  which 
requires licensees, among other  things, to fully and  accurately 
disclose material terms of a  contest.  We find that  Citicasters 
conducted a contest, ``Millionaire Monday,'' without disclosing a 
material term  of  the contest,  i.e.,  that the  prize  was  one 
million Turkish lira, not $1,000,000.
                         II.  BACKGROUND

     2.   On February 16, 2000,  the Investigations and  Hearings 
Division of the Enforcement Bureau received a complaint filed  on 
behalf of John  Richard McRae.   According to  the complaint,  on 
February 14, 2000,  Mr. McRae  was selected to  participate in  a 
contest ``Do  You  Want  to  Be  a  Millionaire?''  conducted  by 
KITT(FM).  Mr.  McRae  answered  all of  the  required  questions 
correctly on  the air  and  was told  by ``Coyote,''  the  on-air 
personality, that  he  was  a  millionaire.   After  he  won  the 
contest, Mr. McRae was told that he had won ``one million Turkish 
lira,'' which Coyote represented to be worth approximately $1.90.

     3.   On February 24, 2000,  the Investigations and  Hearings 
Division sent  a  letter  of  inquiry  to  Citicasters.   In  its 
response, which was filed on April 14, 2000, Citicasters admitted 
it  ran  a  contest  called  ``Millionaire  Monday''  during  the 
``Coyote and Kathryn''  show on  February 14, 2000  and that  Mr. 
McRae was the winner of that contest.  According to  Citicasters, 
the contest was a parody of  the ABC television show ``Who  Wants 
to Be  a Millionaire?''   The station  ran teases  promoting  the 
contest approximately four times a day from February 4-6 and  11-
13.  The following is a transcript of the teases:

     Coyote:  Hold it,  stop, stop, stop.   Hey, hey,  check 
     this out.  It's Coyote . . .

     Kathryn:  And Kathryn . . .

     Coyote:  And coming up Monday morning . . .

     Kathryn:  Ooh, you could be a millionaire.

     Coyote:  Yes.  Do you have a dictionary there?

     Kathryn:  Yes, it, it says, millionaire . . .

     Coyote:  Oh, oh, don't tell  them, don't tell them  the 
     definition.  Look it up yourself, read it, ok?  You can 
     fall into that category Monday morning right here.

     Kathryn:  Millionaire Monday.

     Coyote:  Coyote and Kathryn, on Thunder Country.

     Kathryn: T-93.

     Coyote:  Where you can win a million, Monday morning.

     4.   Citicasters states that it intentionally did not  state 
what the grand prize was.  Citicasters claims that the  contest's 
status as a parody  was underscored by the  fact that the  prizes 
for  correct  answers   to  qualifying  questions   were  a   CD, 
hamburgers, and movie passes for two. 

                      III.      DISCUSSION

     5.   Section 73.1216 of the Commission's rules provides:

     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 

Under Note 1  to that  rule, the  material terms  of the  contest 
include ``the extent,  nature, and  value of  prizes'' and  ``the 
basis for valuation of prizes.''  Note 2 to the rule states:

     In general, the  time and manner  of disclosure of  the 
     material terms of a  contest are within the  licensee's 
     discretion. However,  the  obligation to  disclose  the 
     material terms arises at the time the audience is first 
     told  how  to  enter   or  participate  and   continues 
     thereafter. The  material  terms  should  be  disclosed 
     periodically by announcements broadcast on the  station 
     conducting the contest, but need not be enumerated each 
     time  an   announcement   promoting  the   contest   is 
     broadcast.   Disclosure   of   material  terms   in   a 
     reasonable number  of announcements  is sufficient.  In 
     addition  to  the  required  broadcast   announcements, 
     disclosure of the material terms may be made in a  non-
     broadcast manner.

     6.   In this  case,  it appears  that  Citicasters  violated 
Section 73.1216 of  the Commission's  rules by  not disclosing  a 
material term of  the ``Millionaire Monday''  contest - the  fact 
that  the  prize  was  1,000,000  Turkish  lira  not  $1,000,000.  
Citicasters states  that it  intentionally did  not disclose  the 
nature of the prize.  The failure to disclose the nature and true 
value of the prize is a  clear violation of the rule.   Moreover, 
despite Citicasters's protestations  that it  never claimed  that 
the prize was $1,000,000,  a listener had  no way of  determining 
that the  prize  in question  was  1,000,000 Turkish  lira.   The 
Commission  has  held  that   licensees  are  ``responsible   for 
broadcasting accurate statements  as to the  nature and value  of 
contest prizes, and will be held accountable for any announcement 
which tends to mislead the public.''  WMJX, Inc., 48 RR 2d  1339, 
1357 (1981).

     7.   Section 503(b) of the  Communications Act, 47 U.S.C.   
503(b), and Section 1.80(a) of the Commission's rules, 47  C.F.R. 
 1.80(a), both state that any person who willfully or repeatedly 
fails to comply with the provisions of the Communications Act  or 
the Commission's rules shall be liable for a forfeiture  penalty.  
For purposes of Section 503(b),  the term ``willful'' means  that 
the  violator  knew  it  was  taking  the  action  in   question, 
irrespective of  any intent  to violate  the Commission's  rules.  
See Southern California Broadcasting Co., 6 FCC Rcd 4387  (1991).  
Furthermore, a continuing violation  is ``repeated'' if it  lasts 
more than one day.  Id., 6 FCC Rcd at 4388.

     8.   Based  on  the  evidence   before  us,  we  find   that 
Citicasters conducted the ``Millionaire Monday'' contest  without 
disclosing a material  term of the  contest, in apparent  willful 
and repeated  violation of  Section 73.1216  of the  Commission's 
rules.  The Commission's Forfeiture Policy Statement sets a  base 
forfeiture amount of $4,000 for a violation of Section 73.1216 of 
the rules.1  After considering the record and all of the  factors 
contained in  Section  503(b)(2)(D)  of  the  Act,  47  U.S.C.   
503(b)(2)(D), and the Forfeiture  Policy Statement, we believe  a 
$4,000 forfeiture is appropriate in this case.

     9.    We  note that  a  station controlled  by  Citicasters' 
corporate parent recently committed a similar violation.2  Future 
violations by stations owned by these entities will likely result 
in significantly higher forfeitures.

                      IV.  ORDERING CLAUSES

     10.  ACCORDINGLY, IT  IS ORDERED  THAT pursuant  to  Section 
503(b) of  the  Communications  Act  of  1934,  as  amended,  and 
Sections 0.111,  0.311  and  1.80  of  the  Commission's  rules,3 
Citicasters Co. is hereby NOTIFIED of its APPARENT LIABILITY  FOR 
FORFEITURE in the  amount of four  thousand dollars ($4,000)  for 
willfully  and  repeatedly  violating  Section  73.1216  of   the 
Commission's rules.

     11.   IT IS FURTHER ORDERED, pursuant to Section 1.80 of the 
Commission's rules, that  within thirty  days of  the release  of 
this Notice, Citicasters SHALL PAY to the United States the  full 
amount of  the  proposed  forfeiture  or  SHALL  FILE  a  written 
statement seeking  reduction  or  cancellation  of  the  proposed 

     12.   Payment of the forfeiture  may be made by credit  card 
through the  Commission's Credit  and Debt  Management Center  at 
(202) 418-1995  or  by mailing  a  check or  similar  instrument, 
payable to the order of the Federal Communications Commission, to 
the  Forfeiture  Collection  Section,  Finance  Branch,   Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  The payment should note the NAL/Acct. No. referenced 

     13.   The response,  if any,  must be mailed  to Charles  W. 
Kelley, Chief, Investigations and Hearings Division,  Enforcement 
Bureau, Federal Communications Commission, 445 12th Street,  S.W, 
Room 3-B443, Washington DC 20554 and MUST INCLUDE the file number 
listed above.

     14.   IT IS FURTHER ORDERED that a copy of this Notice shall 
be  sent,  by   Certified  Mail/Return   Receipt  Requested,   to 
Citicasters's counsel, Christopher L. Robbins, Esq., Wiley,  Rein 
& Fielding, 1776 K Street, N.W., Washington, DC 20006.


          David H. Solomon
          Chief, Enforcement Bureau

1  The Commission's Forfeiture Policy Statement and Amendment of 
Section 1.80 of the Commission's Rules, 12 FCC Rcd 17087, 17114 
(1997), recon. denied 15 FCC Rcd 303 (1999); 47 C.F.R.  1.80(b).

2  Clear Channel Broadcasting Licensees, Inc., DA 00-238 (EB 
released February 10, 2000), forfeiture paid.

3  47 C.F.R.  0.111, 0.311 and 1.80.