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                                                                                                                     DA 01-2565
                                                               
                                               November 5, 2001
                    MASS MEDIA BUREAU ACTION
        COMMENT SOUGHT ON MOTION FOR DECLARATORY RULING
On October 1, 2001, Lorillard Tobacco Company filed a Motion for Declaratory Ruling with the
Commission pursuant to Section 1.2 of the Commission's Rules.  This Notice solicits comment on
Lorillard's Motion.  The Motion asks the Commission to find that Section 73.1206 of the
Commission's Rules, pertaining to the broadcast of telephone conversations, prohibits the broadcast
of advertisements and other programming material supplied to the licensee by a third party if the
licensee knows or has reason to know that the material includes a telephone conversation that was
recorded for broadcast without the knowledge or permission of one of the parties to that
conversation.  It also asks the Commission to find that a particular advertisement broadcast on
various radio stations in August 2001, violated Section 73.1206 of the Commission's Rules.  An
Opposition to Lorillard's Motion was filed by the American Legacy Foundation on October 16,
2001, and Lorillard has responded to the Opposition. 

Comments must be filed on or before December 5, 2001; and reply comments must be filed by
December 20, 2001.  To file formally in this proceeding, interested parties must file an original and
four copies of all documents, reply comments, and supporting comments.  All comments should
reference DA 01-2526 and should be addressed to: Office of the Secretary, Federal Communications
Commission, 445 12th Street, S.W., Washington, D.C., 20554.  The full text of the Motion for
Declaratory Ruling is available for inspection and copying during normal business hours in the FCC
Reference Information Center, Room, CY-A257, 445 12th Street, S.W., Washington, D.C., 20554.
Copies may also be purchased form the Commission's copy contractor, Qualex International (202)
863-2893.

For further information contact Roger Holberg, Mass Media Bureau at (202) 418-2130.

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                            - FCC -