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



In the Matter of

PALM BEACH RADIO
BROADCASTING, INC.

Licensee of Station WPBZ(FM)
Indiantown, Florida
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Control No. 99070100



          NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  December 9, 1999           Released:  December 10, 1999  
                                          

By the Chief, Enforcement Bureau:


                      I.Introduction
1.     This is a Notice of Apparent Liability for a Forfeiture pursuant to Section 503(b) of the
Communications Act of 1934, as amended (the "Communications Act"), and Section 1.80 of the
Commission's Rules, against Palm Beach Radio Broadcasting, Inc. ("PBRB"), licensee of Station
WPBZ(FM), Indiantown, FL.  We find that PBRB broadcast a telephone conversation without first
informing the party to the conversation of its intention to do so, in apparent violation of Section 73.1206 of
the Commission's Rules.  For the reasons discussed below, we conclude that PBRB is apparently liable for
a forfeiture in the amount of $4,000.
                       II.Background
3.     The Commission received a complaint from Barbara Gratch Cohen, General Counsel, of The
Village Voice, alleging that on June 11, 1999, Janet Kincaid, an employee of The Village Voice received a
telephone call in the form of a complaint about an article that had been published in that week's issue of the
newspaper.  Ms. Kincaid transferred the call to the editorial department and the caller left a message in that
department's voice mail in which he identified himself as Jim Moore of 103.1, The Buzz, West Palm Beach,
FL.  The complainant further alleges that later that morning, the paper received a phone call from a woman
formerly associated with The Village Voice, who now lives in Florida, reporting that she heard Ms.
Kincaid's conversation with Mr. Moore broadcast on the radio.  That conversation was apparently
broadcast without Ms. Kincaid's knowledge.  
4.     The station was served with a copy of the complaint and, prior to any action on the staff's part,
PBRB filed a response to Ms. Cohen's complaint.  PBRB's response includes a declaration from James
Finamore, who uses the on-air name of James Moore.  Mr. Finamore admits that he called The Village
Voice on the date in question and that he simultaneously broadcast the conversation with the person who
answered the telephone.  He asserts that he did identify himself to Ms. Kincaid as Jim Moore from 103.1,
The Buzz, but admits that he did not inform her of his intention to broadcast the conversation.  He states
that it was his intent to be "humorous and mildly provocative, not to humiliate," and that he "completely
lost sight of Section 73.1206."  PBRB contends that Mr. Moore simply made a "regrettable mistake,"
rather than "an intentional flouting of the rule."  PBRB asserts that it immediately took both disciplinary
and remedial steps to ensure that such misconduct is not repeated.
                       V.Discussion
6.     Section 73.1206 of the Commission's Rules provides, in pertinent part, that before recording a
telephone conversation for broadcast or broadcasting such a conversation simultaneously with its
occurrence, a licensee shall inform any party to the call of its 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.
7.     Section 503(b) of the Communications Act and Section 1.80(a) of the Commission's Rules
both state that any person who willfully or repeatedly fails to comply with the provisions of the
Communications Act or the 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. 
8.     Based on the evidence before us, we find that PBRB broadcast a telephone conversation on
June 11, 1999, in apparent willful violation of Section 73.1206 of the Commission's Rules. The
Commission's Forfeiture Policy Statement, which became effective October 14, 1997, sets a base
forfeiture amount of $4,000 for the unauthorized broadcast of a telephone conversation.  While we
recognize that PBRB took remedial action, such action does not alter the fact that a Commission's rule was
violated.  Thus, we believe that a $4,000 forfeiture is appropriate.  
                    IX.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, that Palm Beach
Radio Broadcasting, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the
amount of four thousand dollars ($4,000) for willfully violating Section 73.1206 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, PBRB 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.    IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by Certified
Mail/Return Receipt Requested, to PBRB's counsel, Shelley Sadowsky, Rosenman & Colin, LLP, 805 15th
Street, N.W., 9th Floor, Washington, D.C. 20005-2202.

                              FEDERAL COMMUNICATIONS COMMISSION



                              David H. Solomon
                              Chief, Enforcement Bureau