Click here for Microsoft Word Version

This document was converted from
WordPerfect or Word to ASCII Text format.

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
Word or WordPerfect version or Adobe Acrobat version, if available.


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

In the Matter of                 )
AK MEDIA GROUP, INC.             )    File No. EB-00-IH-0010
                                )    NAL/Acct. No. X32080011
Licensee of Station KJR-FM       )
Seattle, Washington              )


   Adopted:  April 17, 2000             Released:  April 19, 2000 

By the Chief, Enforcement Bureau:

                        I.   INTRODUCTION

     1.   In this Notice of Apparent Liability for Forfeiture, we 
find AK Media Group, Inc.  (``AK''), licensee of Station  KJR-FM, 
Seattle, Washington, apparently  liable for a  forfeiture in  the 
amount of  two  thousand  dollars ($2,000)  for  a  violation  of 
Section  73.1216  of  the  Commission's  rules,  which   requires 
licensees, among other things, to broadcast the material terms of 
a contest.  We find that AK conducted a contest, ``$10,000  Music 
Challenge,'' without  broadcasting  the  material  terms  of  the 
                         II.  BACKGROUND

     2.   On November 7, 1999, Ms.  Debra Barto sent a  complaint 
to the  Commission  against  KJR-FM.   According  to  Ms.  Barto, 
Station KJR-FM conducted a contest under which a contestant could 
win $10,000 by being the  ninth caller and identifying the  title 
and artist of ten songs from which the station played very  brief 
excerpts. On November 4, 1999, at  12:30 p.m., Ms. Barto was  the 
ninth caller, and  she correctly  identified the  ten songs  from 
which excerpts  were played.   According  to her  complaint,  Ms. 
Barto was then told that day by Laura in the station's Promotions 
Department, and by  Gary Bryan, the  station's Program  Director, 
that she would not be awarded the $10,000 because she had  played 
the Fall 1999 contest  previously within the  last ten days.  Ms. 
Barto admitted that  she had  played the contest  on October  26, 
1999 and  won  $95 (which  was  the  prize for  being  the  ninth 
caller).  Ms. Barto claims that she  had been told in April  1999 
by Laura of the station's Promotions Department that if only  the 
last song remained to be guessed, she could play for the  $10,000 
prize even  if  she  had  played within  the  last  seven  days,1 
although she would not win $95 just for being the correct caller. 

     3.   On December 29,  1999, the Commission  staff sent AK  a 
letter of inquiry.  In its response, which was filed on March  2, 
2000, AK explains that it ran the ``$10,000 Music Challenge''  in 
the spring of 1999  and again in the  fall of 1999.  Three  times 
each day, the station would play a ten-song montage consisting of 
very brief excerpts of songs.   The ninth caller would then  have 
the opportunity to name  all ten songs by  title and artist.   If 
the contestant  named all  ten  songs correctly,  the  contestant 
would win $10,000.  Otherwise, they  won $95 for being the  ninth 

     4.   AK confirmed that Ms. Barto was announced as the winner 
of the ``$10,000 Music Challenge'' on November 4, 1999, and  that 
she was later disqualified for  having played the contest  within 
the previous ten business days.   The written rules for the  Fall 
1999 version of the contest state:


(Emphasis in original).   When asked  to provide  a tape  or 
transcript of  ``any over-the-air  announcements  describing 
the material terms of the contest,'' AK claimed that it  ran 
live liners referring listeners to its web site for complete 
contest rules.  AK states that all contest rules were posted 
at the station's reception desk,  in the studio, and on  its 
web site.  AK admits that Ms. Barto and Laura Rieder of  the 
station's Promotions Department had a conversation in  April 
1999 concerning the rules for  the Spring 1999 contest,  but 
AK denies that Ms. Barto was told anything that would  apply 
to the Fall 1999 contest.

     5.   AK claims that before  each contestant played  the 
Fall  1999  contest,  they  were  asked  three   eligibility 
questions:  ``1) Are you a Washington State resident? 2) Are 
you 18 years or older? [and] 3) Have you played this contest 
within the last  ten business  days?''  AK  claims that  Ms. 
Barto was  asked  those  eligibility  questions  before  she 
played, and she denied that she  had played in the last  ten 
days.  AK did  not support  its claim with  an affidavit  or 
declaration from Heidi May, the  disc jockey who spoke  with 
Ms. Barto.  Ms. Barto  claims that she  was not asked  those 
questions until after she won the contest.  In her  comments 
on the  station's response  to the  letter of  inquiry,  Ms. 
Barto submits a tape of her on-the-air conversation with Ms. 
May during which no  eligibility questions were asked.   The 
parties agree  that  Ms. Barto  and  Ms. May  discussed  Ms. 
Barto's eligibility after Ms. Barto played the contest.

                      III.      DISCUSSION

     6.   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 

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.

     7.   It appears  that AK  violated  Section 73.1216  of  the 
Commission's rules  by not  broadcasting  material terms  of  the 
``$10,000 Music Challenge,'' including,  but not limited to,  the 
restriction that  contestants  could  only play  once  every  ten 
business days.   AK's  disclosure of  the  contest rules  at  the 
station and on its  web site does not  comply with the rule.  The 
Commission's rules  clearly  state that  ``[t]he  material  terms 
should be disclosed  periodically by  announcements broadcast  on 
the station conducting  the contest.''  47  C.F.R.  73.1216  n.2 
(emphasis added).  The rules state that while disclosure by  non-
broadcast means (such as making  rules available at the  stations 
and on  the World  Wide  Web) can  be considered  in  determining 
whether adequate  disclosure  has been  made,  the  non-broadcast 
disclosures must  be ``[i]n  addition to  the required  broadcast 
announcements  .  .  .   .''   Id.   Thus,  while   non-broadcast 
disclosures can supplement  broadcast announcements, they  cannot 
act as  a substitute  for broadcast  announcements.  The  dispute 
between   Ms.   Barto   and   AK   concerning   their   different 
understandings of the rules  for the ``$10,000 Music  Challenge'' 
demonstrates why it is important for stations to broadcast all of 
the material terms of a contest.

     8.   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), each 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)  of the  Communications Act,  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,  4387-4388  (1991).   Furthermore,  a  continuing 
violation is ``repeated'' if it lasts more than one day.  Id.,  6 
FCC Rcd at 4388. 

     9.   Based on  the  evidence  before us,  we  find  that  AK 
conducted  the  ``$10,000   Music  Challenge''  contest   without 
broadcasting the  material  terms  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.2  In this case, we note that  while 
AK did not comply with the rule, it made some efforts to make the 
rules available to the public. We believe these efforts  mitigate 
the violation.   Based  upon  our review  of  all  the  pertinent 
factors as  required  by  Section 503(b)(2)(D)  of  the  Act,  we 
believe a $2,000 forfeiture is appropriate.

                      IV.  ORDERING CLAUSES

     10.  ACCORDINGLY, IT IS ORDERED  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 AK Media Group, 
in the amount of two thousand dollars ($2,000) 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, AK 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 forfeiture.

     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  AK's 
counsel, James L. Winston, Esq., Rubin, Winston, Diercks,  Harris 
& Cooke,  L.L.P.,  1155  Connecticut  Avenue,  N.W.,  6th  Floor, 
Washington, DC 20036.


          David H. Solomon
          Chief, Enforcement Bureau

1  The rules for the Spring 1999 contest provided that a 
contestant ``may only win the $95 cash prize once per five 
business days.''

2  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).

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