********************************************************    
                         NOTICE
********************************************************

This document was converted from
WordPerfect 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
WordPerfect version or Adobe Acrobat version, if available.

*****************************************************************
                Federal Communications Commission
                      Washington, D.C. 20554

                                  July 15, l999
                                               In reply refer to:
                                                       98110160
                                                       99040337
                                             
                                             Released:  July 15, l999
                              
Certified Mail - Return Receipt Requested

Capstar TX Limited Partnership, Licensee
Radio Station WFYV(FM), Atlantic Beach, FL
600 Congress Avenue, Suite 1400
Austin, TX  78701

Dear Licensee:

This letter constitutes a Notice of Apparent Liability for a Forfeiture pursuant to Section 503(b) of the
Communications Act of 1934, as amended, for violation of Section 73.1206 of the Commission's Rules. 
This action is taken under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of
the Commission's Rules.  

The Commission received a complaint from Ms. Darlynn Nangano alleging that on October 7, 1998,
Station WFYV(FM) broadcast a conversation, simultaneously with its occurrence, between her and an 
on-air personality without her knowledge.  She provided an audiotape of the conversation in question. 
Based on this complaint the Commission sent WFYV(FM) a letter of inquiry on March 22, 1999.  In your
April 26, 1999, response to the Commission's inquiry, you state that it appears that the audiotape and its
transcript accurately reflect the telephone conversation as broadcast on Station WFYV(FM), and you admit
that the complainant apparently was not notified of the station's intention to broadcast the conversation. 
You also assert that the conversation was broadcast only once and claim that you have taken steps to avoid
a future violation of Section 73.1206 by reviewing the rule with the parties involved and circulating a
memorandum on the subject to all staff members of stations owned by the licensee.

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 a
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.  Based on the evidence before us, it appears that you willfully violated Section
73.1206 of the Commission's Rules on October 7, 1998.  

The guidelines contained in the Commission's Forfeiture Policy Statement, 12 FCC Rcd 17087 (1997),
which became effective on October 14, 1997, specify a base forfeiture amount of $4,000 for the
unauthorized broadcast of a telephone conversation.  While we recognize that you took remedial action,
such action neither alters the fact that the Commission's Rule was violated nor mitigates its severity.  

Accordingly, pursuant to Section 503 of the Communications Act, Capstar TX Limited Partnership,
licensee of Station WFYV(FM), Atlantic Beach, FL, is hereby advised of its Apparent Liability for 




Forfeiture in the amount of $4,000 for an apparent willful violation of Section 73.1206 of the
Commission's Rules.  In regard to this forfeiture proceeding, you are afforded thirty (30) days from the date
of this letter "to show in writing, why a forfeiture penalty should not be imposed or should be reduced, or to
pay the forfeiture.  Any showing as to why the forfeiture should not be imposed or should be reduced shall
include a detailed factual statement and such documentation and affidavits as may be pertinent."  Other
relevant provisions of Section 1.80 of the Commission's Rules are summarized in attachments to this letter.

                              Sincerely,




                              Roy J. Stewart, Chief
                              Mass Media Bureau

Enclosure

cc:  Jerry V. Haines, Esq.
      Ms. Darlynn Nangano