FCC Web Documents citing 73.3999

as compiled by hallikainen.com/FccRules on 2012 07 01

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  • his complaints against Beasley. The Complainant supplemented the January 22, 2007 filing on February 1, 2007. Although the Complainant claims to have mailed to the Commission original signed declarations in support of the January 22 and February 1, 2007 filings, we have not received these signed declarations. The Complainant contends that Beasley has violated 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules by broadcasting indecent material over Station WQAM(AM) and is attempting to shield its illegal activity by impermissibly targeting him instead of addressing his indecency complaints on the merits. Specifically, the Complainant alleges that: (1) on-air personalities at Station WQAM(AM) and others have made threats against him and against one of his clients; (2) Beasley has engaged
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  • the Enforcement Bureau of the Federal Communications Commission; g. ``Parties'' means the Bureau and CBS; h. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.; i. ``Rules'' mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. ``Indecency Laws'' means 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999; k. ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; l. ``Effective Date'' means the date on which the Adopting Order is released; m. ``Investigation'' means the investigation commenced by the Media Bureau's June 27, 2007 Letter to Howard F. Jaeckel, Esquire, counsel for CBS Broadcasting, regarding whether CBS Broadcasting or KUTV violated terms of the 2004
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  • licensee of Station WRXK-FM, Bonita Springs, Florida (collectively, ``Beasley'' and the ``Beasley Stations''). The Consent Decree resolves and terminates certain forfeiture proceedings, investigations and complaints currently being conducted by, or pending before, the Enforcement Bureau concerning possible violations by the Beasley Stations of the restrictions on indecent, profane and obscene programming in 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The Consent Decree also terminates and cancels the above-captioned Notice of Apparent Liability for Forfeiture (NAL) and dismisses with prejudice (i) certain complaints concerning programming aired on or activities undertaken by Beasley Stations involving gambling and (ii) certain informal objections, as defined herein, filed against the license renewal application for Station WQAM(AM), FCC File No. BR-20031001BXU, pending before the Media
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  • California ) ) ) ) ) ) File No. EB-06-IH-1138 NAL/Account No. 201032080003 FRN 0010754067 Facility ID No. 56384 CONSENT DECREE The Enforcement Bureau and Bela, LLC, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into alleged violations of Section 1464 of Title 18, United States Code and Section 73.3999 of the Commission's rules, by the broadcast of indecent, profane or obscene material over Station KBEH (TV), Oxnard, California. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq. ``Adopting Order'' means an Order by the Bureau adopting the terms of
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  • Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Bela TV, LLC (``Bela''), former licensee of Station KBEH (TV), Oxnard, California (``Station''). The Consent Decree resolves and terminates an investigation by the Bureau concerning possible violations by the Station of the restrictions on indecent, profane and obscene programming in Section 1464 of Title 18, United States Code, and Section 73.3999 of the Commission's rules. 2. The Bureau and Bela have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting
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  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
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  • disposition of those issues here, Mr. Thompson's objection to WQAM(AM)'s license renewal application, filed by letter dated December 12, 2007, and all other similarly based objections to the station's license renewal, are hereby denied. The Beasley Broadcast Group, Inc., Memorandum Opinion and Order, 22 FCC Rcd 10075 (Enf. Bur. 2007) (``Bureau Order''). See 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. Mr. Thompson's indecency complaints will not be addressed here, but will be considered separately. See Bureau Order, 22 FCC Rcd at 10075 ¶¶ 1-2 & nn.1, 3 (citing Letter from John B. Thompson, Attorney at Law, to Michael K. Powell, Chairman, Federal Communications Commission, dated November 27, 2004 (``Complaint'')). See Bureau Order, 22 FCC Rcd at 10075 ¶ 3 &
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  • and Mountain Standard Time, these licensees each broadcast adult female nudity. Based upon our review of the facts and circumstances of this case, we conclude that each licensee listed in the Attachment is apparently liable for a monetary forfeiture in the amount of $27,500 per station for broadcasting indecent material in apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. BACKGROUND Section 1464 of Title 18, United States Code, prohibits the broadcast of obscene, indecent, or profane programming. The FCC rules implementing that statute, a subsequent statute establishing a ``safe harbor'' during certain hours, and the Act prohibit radio and television stations from broadcasting obscene material at any time and indecent material between 6 a.m. and
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  • of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we find that ABC Television Network (``ABC'') affiliated stations and ABC owned-and-operated stations listed in Attachment A, infra, broadcast indecent material during an episode of the program NYPD Blue on February 25, 2003, in willful violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. Based on our review of the facts and circumstances in this case, we conclude that each station is liable for a forfeiture in the amount of $27,500. II. BACKGROUND NYPD Blue was a weekly, hour-long program that ran on the ABC Television Network from 1993 through 2005. The Commission received numerous complaints alleging that certain affiliates
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  • Order, issued pursuant to section 503 of the Communications Act of 1934, as amended, and section 1.80 of the Commission's rules, we find that the FOX Television Network stations listed in Attachment A, infra, broadcast indecent material during an episode of the program ``Married By America'' on April 7, 2003, in willful violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. Based on our review of the facts and circumstances in this case, we conclude that the licensees of these stations are liable for a forfeiture in the amount of $7,000 per station. II. BACKGROUND ``Married By America'' was a weekly, hour-long ``reality-based'' program that was carried on the FOX Television Network in the spring of 2003.
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  • 99040101 NAL/Acct. No. X32080013 Facility #26649 JJS FORFEITURE ORDER Adopted: August 23, 2000 Released: August 24, 2000 By the Chief, Enforcement Bureau: I. Introduction In this forfeiture order, we impose a six thousand dollar ($6,000) forfeiture against Three Eagles of Columbus, Inc. (``Three Eagles''), licensee of KROR(FM), Hastings, Nebraska. We find that Three Eagles violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On April 28, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against Three Eagles. Three Eagles Broadcasting, Inc., DA 00-951 (released April 28, 2000) (``NAL''). Three Eagles filed its response (``Three Eagles Response'') on May
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  • ) NAL/Acct. No. X32080018 ) Facility No. 12664 ) JJS ) ) FORFEITURE ORDER Adopted: October 11, 2000 Released: October 12, 2000 By the Chief, Enforcement Bureau: Introduction In this forfeiture order, we impose a seven thousand dollar ($7,000) forfeiture against Communicast Consultants, Inc. (``CCI''), licensee of KRXK(AM), Rexburg, Idaho. We find that CCI violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against CCI. Communicast Consultants, Inc., DA 00-1567 (released July 14, 2000) (``NAL''). CCI filed its response on September 7, 2000. Background The Commission received
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  • JWS Holmes Beach, Florida ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: December 1, 2000 Released: December 5, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that CBS Radio License, Inc. (``CBS''), licensee of Station WLLD(FM), Holmes Beach, Florida, has apparently violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that CBS is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint concerning a September 11, 1999, broadcast on WLLD(FM), called
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  • WZEE(FM), ) JWS Madison, Wisconsin ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 16, 2001 Released: January 18, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Capstar TX Limited Partnership (``Capstar''), licensee of Station WZEE(FM), Madison, Wisconsin, has apparently violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Capstar is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint concerning a September 8, 2000, broadcast on WZEE(FM), called
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  • Station WCOM(FM), ) Bayamon, Puerto Rico ) Facility ID # 54471 FORFEITURE ORDER Adopted: May 9, 2001 Released: May 11, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order, we impose a forfeiture of $16,800 on WLDI, Inc. (``WLDI''), licensee of Station WCOM(FM), Bayamon, Puerto Rico, for willful and repeated violations of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. This action is taken pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). BACKGROUND On October 1, 1999, Chancellor Media Corporation, owner of WLDI, filed with the Commission an application to transfer control of WLDI to the Spanish Broadcasting System of Puerto Rico (``SBS''). WCOM(FM) broadcast the allegedly indecent material
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  • ) Station KBOO-FM, Portland, OR ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 14, 2001 Released: May 17, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that The KBOO Foundation, licensee of noncommercial Station KBOO-FM, Portland, Oregon, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that The KBOO Foundation is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint alleging that KBOO-FM broadcast indecent material on October 20, 1999 between 7:00 p.m. and 9:00
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  • of Station KKMG(FM), ) Pueblo, Colorado ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 31, 2001 Released: June 1, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citadel Broadcasting Company (``Citadel''), licensee of Station KKMG(FM), Pueblo, Colorado, has apparently violated 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Citadel is apparently liable for a monetary forfeiture in the amount of Seven Thousand Dollars ($7,000.00). II. BACKGROUND 2. The Commission received a complaint dated July 18, 2000, concerning repeated broadcasts of
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  • 200132080018 ) ID # 54471 ) CMW ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 8, 2001 Released: February 8, 2001 By the Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find that WLDI, Inc., licensee of Station WCOM(FM), Bayamon, Puerto Rico, has apparently willfully and repeatedly violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Based on our review of the facts and circumstances in this case, we conclude that WLDI, Inc. is apparently liable for a forfeiture in the amount of twenty one thousand dollars ($21,000). Background The Commission received a complaint alleging that Station WCOM(FM), Bayamon, Puerto Rico, broadcast indecent material
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  • WLLD(FM), ) JWS Holmes Beach, Florida ) FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we impose a forfeiture of $7,000 on Infinity Radio License, Inc. (``Infinity''), licensee of Station WLLD(FM), Holmes Beach, Florida, for a willful violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. This action is taken pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). II. BACKGROUND 2. By Notice of Apparent Liability, DA 00-2724, released December 5, 2000 (``NAL''), we determined that certain material apparently broadcast over WLLD(FM) on September 11, 1999, was indecent. After considering the context, we opined that the language from two discrete excerpts from the
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  • LIABILITY FOR FORFEITURE Adopted: March 29, 2001 Released: March 30, 2001 By the Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find that Telemundo of Puerto Rico License Corp. (``Telemundo''), licensee of Station WKAQ-TV, San Juan, Puerto Rico, has broadcast indecent material in apparent willful and repeated violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Based on our review of the facts and circumstances in this case, we conclude that Telemundo is apparently liable for a forfeiture in the amount $21,000. Background The Commission received a complaint alleging that Station WKAQ-TV, San Juan, Puerto Rico, broadcast indecent material during the Spanish language program ``No te Duermas'' on
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  • ) Fort Worth, Texas ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 30, 2001 Released: April 3, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citicasters Co. (``Citicasters''), licensee of Station KEGL(FM), Fort Worth, Texas, has apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Citicasters is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received a complaint dated August 6, 2000, concerning broadcasts that aired on KEGL on May 30, May 31,
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  • Chicago, Illinois ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 5, 2001 Released: April 6, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Emmis FM License Corp. of Chicago (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received complaints dated March 20, 2000 and May 15, 2000, concerning broadcasts that aired on WKQX on the
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  • EB-01-IH-0027 NAL/Acct. No. 200032080012 FRN 0003-4760-74 Facility ID # 25442 Adopted: June 6, 2002 Released: June 7, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Operations, Inc., (``Infinity''), licensee of Station WNEW(FM), New York, New York, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language on three occasions. Based upon our review of the facts and circumstances in this case, we conclude that Infinity is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND The Commission received two complaints alleging that WNEW(FM) broadcast indecent material during the ``Opie and Anthony Show,'' a
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  • File No. EB-01-IH-0121 NAL/Acct. No. 200232080014 FRN 0001-5293-46 Facility ID # 19525 Adopted: June 27, 2002 Released: June 28, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND The Commission received a complaint that WKQX(FM) broadcast indecent material on March 12, 2001 between 8:00 a.m. and 8:10 a.m. during the ``Mancow's
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  • FCC may regulate such material only with due respect for the high value our Constitution places on freedom and choice in what people say and hear.''). See also United States v. Playboy Entertainment Group, Inc., 529 U.S. 803, 813-15 (2000). Public Telecommunications Act of 1992, Pub. L. No. 356, 102nd Cong., 2nd Sess. (1992); ACT III. See 47 C.F.R. § 73.3999. Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), aff'd sub nom. FCC v. Pacifica Foundation, 438 U.S. 726 (1978)). In FCC v. Pacifica Foundation, the Supreme Court quoted the Commission's definition of indecency with apparent approval. FCC v. Pacifica Foundation, 438 U.S. at 732. In addition,
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  • the statute. However, the First Amendment is a critical constitutional limitation that demands we proceed cautiously and with appropriate restraint. Consistent with a subsequent statute and case law, under the Commission's rules, no radio or television licensee shall broadcast obscene material at any time, or broadcast indecent material during the period 6 a.m. through 10 p.m. See 47 C.F.R. § 73.3999. 5. In enforcing its indecency rule, the Commission has defined indecent speech as language that first, in context, depicts or describes sexual or excretory organs or activities. Second, the broadcast must be ``patently offensive as measured by contemporary community standards for the broadcast medium.'' Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing Pacifica Foundation,
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  • EB-02-IH-0064 NAL/Acct. No. 200232080019 FRN 0002-9338-77 Facility ID # 43873 Adopted: August 1, 2002 Released: August 2, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rubber City Radio Group of Akron, Ohio (``Rubber City''), licensee of Station WONE-FM, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Rubber City is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND The Commission received a complaint that WONE-FM broadcast indecent material on November 29, 2001, at 8:30 a.m. during the ``Morning Show'' program.
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  • Communications Commission, EB Docket No. EB-00-IH-0014a (Dec. 11, 2000). In the letter, SBS reserved the right to challenge the Commission's staff conclusion that it is or was responsible for the allegedly indecent broadcasts in October 1999. WLDI, Inc., EB-00-IH-0014a, Notice of Apparent Liability, 16 FCC Rcd 3011 (Enf. Bur. 2001) (``NAL''). NAL at ¶ 8; see also 47 C.F.R. § 73.3999 See WLDI, Inc., EB-00-IH-0014a, Forfeiture Order, DA 01-1194 (rel. May 11, 2001) (``Forfeiture Order''). See WLDI, Inc., Licensee of Station WCOM(FM), Bayamon, Puerto Rico, Petition for Reconsideration of Forfeiture Order, EB-00-IH-0014a (filed June 11, 2001) (``Petition''). WLDI, Inc.'s filed the Petition pursuant to Section 1.106(a) of the Commission's Rules, 47 C.F.R. § 1.106. See EZ Sacramento, Inc., Memorandum Opinion and
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  • File No. EB-01-IH-0395 NAL/Acct. No. 200232080005 FRN 0003-2457-19 Facility ID # 34530 Adopted: January 25, 2002 Released: January 28, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Entercom is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30, 31 and June 1, 2001. The complainant described
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  • Station KKMG(FM), ) Pueblo, Colorado ) MEMORANDUM OPINION AND ORDER Adopted: January 7, 2002 Released: January 8, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we rescind the Notice of Apparent Liability (``NAL'') in which we found that Citadel Broadcasting Company (``Citadel''), licensee of Station KKMG(FM), Pueblo, Colorado, apparently violated 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting apparently indecent language. Having reviewed Citadel's response and having again reviewed the relevant case law, we disagree with our initial analysis and we now conclude that the material at issue was not patently offensive under contemporary community standards for the broadcast medium. Accordingly, we conclude that the licensee did
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  • Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny the petition for reconsideration filed April 2, 2001, by Infinity Radio License, Inc. (``Infinity''), licensee of Station WLLD(FM), Holmes Beach, Florida. Infinity seeks reconsideration of a Forfeiture Order, which imposed a $7,000 forfeiture for a willful violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, which prohibit the broadcast of indecent material. Infinity Radio License, Inc., 16 FCC Rcd 4825 (Enforcement Bureau 2001) (``Forfeiture Order'') 2. Reconsideration is appropriate only where the petitioner either shows a material error or omission in the original order or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. WWIZ, Inc.,
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  • for reconsideration filed on February 7, 2002 by Emmis Radio License Corporation (``Emmis''). Emmis seeks reconsideration of Emmis FM License Corp. of Chicago, 17 FCC Rcd 493 (Enf. Bur. 2002) (``Forfeiture Order''), which imposed a forfeiture of $14,000 on Emmis, licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 2. In the Forfeiture Order, we determined that uncontradicted information provided by a complainant established that Emmis broadcast indecent material on two occasions. In making this finding we found that ``the excerpts are significant enough, when viewed in combination with the descriptions provided by the complainant and the lack of contradiction by Emmis, to be consistent with our practice.'' Forfeiture
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  • Facility ID #34530 Seattle, Washington ) FORFEITURE ORDER Adopted: September 26, 2002 Released: September 27, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $12,000 on Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington, for willful and repeated violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, which prohibit the broadcast of indecent material at certain times of day. We take this action pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). II. BACKGROUND 2. The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30, 2001 and on June 1, 2001. The complainant described the material broadcast, which, the complainant alleged, concerned
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  • #19525 Chicago, Illinois ) FORFEITURE ORDER Adopted: January 7, 2002 Released: January 8, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $14,000 on Emmis FM License Corp. of Chicago (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. We take this action pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). II. BACKGROUND 2. The Commission received letters dated March 20, 2000, and May 15, 2000, complaining about material aired on Station WKQX(FM) on each of those dates during the ``Mancow Morning Madhouse'' (``Mancow'') program. The March complaint alleged that the station broadcast a conversation between
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  • ID # 19525 Chicago, Illinois ) FORFEITURE ORDER Adopted: October 31, 2002 Released: November 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $21,000 on Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, which prohibit the broadcast of indecent material at certain times of day. We take this action pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). II. BACKGROUND 2. The Commission received complaints that WKQX(FM) broadcast indecent material on March 6, 2001, March 7, 2001 and May 17, 2001 between 8:00 a.m. and 9:00 a.m. during the ``Mancow's Morning
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  • of Apparent Liability for Forfeiture Adopted: December 12, 2002 Released: December 13, 2002 By the Chief, Enforcement Bureau: I. Introduction 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Edmund Dinis, licensee of Station WJFD(FM), New Bedford, Massachusetts, and former licensee of Station WSPR(AM) Springfield, Massachusetts, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully broadcasting indecent programming on Station WSPR(AM) on four occasions. Based upon our review of the facts and circumstances in this case, we conclude that Mr. Dinis is apparently liable for a forfeiture in the amount of twenty-two thousand four hundred dollars ($22,400). II. Background 2. We received a complaint on January 30, 2001 that alleged that Station WSPR(AM)
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  • EB-01-IH-0319, and EB-01-IH-0408 NAL/Acct. No. 200232080008 FRN 0001-5293-46 Facility ID # 19525 Adopted: March 20, 2002 Released: March 21, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language on three occasions. See Attachment. Based upon our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND The Commission received complaints that WKQX(FM) broadcast indecent material on March 6, 2001, March 7, 2001
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  • Adopted: April 30, 2002 Released: May 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that GA-MEX Broadcasting, Inc., licensee of station WAZX(AM), Smyrna, Georgia and WAZX-FM, Inc., licensee of station WAZX(FM), Cleveland, Georgia (collectively referred to as ``WAZX''), apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that WAZX is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND The Commission received a complaint alleging that WAZX broadcast indecent material during the Spanish-language call-in talk show ``el Manero'' on April 6, 2001,
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  • LLC, 410 City Avenue, Suite 409, Bala Cynwyd, Pennsylvania 19004. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 47 C.F.R. §§ 0.111, 0.311, 0.459(c) and (d)(2). See Memorandum from Brian M. Madden, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003 (``Confidentiality Request''). See 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. Letter from Maureen F. Del Duca, Investigations and Hearings Division, Enforcement Bureau, to Entercom Portland License, LLC (DE), dated May 28, 2003, (``letter'') at 4. See Letter from Brian M. Madden, Esq., Dennis P. Corbett, Esq. and Jean W. Benz, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. See Confidentiality Request.
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  • of expression. The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act, upon a finding that a licensee has broadcast indecent material in violation of 18
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  • Station KBOO-FM, Portland, OR ) MEMORANDUM OPINION AND ORDER Adopted: February 20, 2003 Released: February 20, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we rescind the Notice of Apparent Liability (``NAL'') in this proceeding, which found that The KBOO Foundation, licensee of noncommercial Station KBOO-FM, Portland, Oregon, apparently violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of The KBOO Foundation's response and supplemental response to the NAL, we conclude that the licensee did not violate the applicable statute or the Commission's indecency rule, and that no sanction is warranted. II. BACKGROUND 2. The Commission received a complaint alleging that
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  • of the Commission's rules, we impose a monetary forfeiture of Seven Thousand Dollars ($7,000.00) on Emmis FM License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for the willful broadcast of indecent material over the station during its March 12, 2001, broadcast of the ``Mancow's Morning Madhouse'' (``Mancow'') program, in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. BACKGROUND 2. The Commission received a complaint that Station WKQX(FM) broadcast indecent material on March 12, 2001, between 8:00 and 8:10 a.m. during the Mancow program. In support of the complaint, the complainant submitted an audio tape of the broadcast. The complainant specifically identified a song, ``Smell My Finger,'' that had been broadcast during the Mancow program. 3. After reviewing
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  • amended (the ``Act''), and section 1.106 of the Commission's rules, we deny a Petition for Reconsideration filed on December 2, 2002, by Emmis Radio License Corporation, (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, of a Forfeiture Order imposing a Twenty-One Thousand Dollar ($21,000.00) monetary forfeiture penalty against it for willful and repeated violations of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, the latter of which prohibits the broadcast of indecent material during the period from 6 a.m. through 10 p.m. Specifically, in the Forfeiture Order, we found that the complained-of material broadcast over Station WKQX(FM) on March 6, 7 and May 17, 2001, during the ``Mancow's Morning Madhouse'' (``Mancow'') program met the Commission's indecency definition, and thus
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  • Broadcasters, Inc. 1500 Cotner Ave. Los Ángeles, CA 90025 Re: SDARS Program Content Rulemaking Petition Dear Mr. Levine: This letter acknowledges receipt of the petition you filed, dated October 28, 2004, asking the Commission to commence a rulemaking proceeding to amend the Satellite Digital Audio Radio Service (``SDARS'') rules to include an ``indecency'' provision analogous to that found in Section 73.3999 of the Commission's rules. Both SDARS licensees, as is permitted under the Commission's rules (Establishment of Rules and Policies for the Digital Audio Radio Satellite Service, 12 FCC Rcd 5754, 5788 (1997)), are providing service on a subscription basis. The Commission has previously ruled that ``subscription-based services do not call into play the issue of indecency,'' Litigation Recovery Trust, 17
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  • compliance with Commission requirements. 47 C.F.R. § 73.3555(a)(1)(iv) (in a market with 15 to 29 stations, one owner may hold up to six commercial stations, no more than four of which are in the same service). See Clear Channel Broadcasting Licenses, Inc., 19 FCC Rcd 1768 (2004). WJZD Reply at 6-8. See 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. See Clear Channel Communications, Inc., 19 FCC Rcd 10880 (2004). Id. at 10881. 47 C.F.R. § 73.1125. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087 (1997), recon. denied, 15 FCC Rcd 303 (1999). Review of the Commission's Rules Regarding
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  • television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.''). See also Telecommunications Act of 1992, Pub. L. No. 102-356, § 16a, 106 Stat. 949, 954 (1992) (requiring Commission to implement indecency time of day restrictions on ``radio or television broadcast station[s]'') (emphasis added); 47 C.F.R. § 73.3999 (applying indecency restrictions to broadcast but not to cable). Violence NOI, 19 FCC Rcd at 14403, n.45 (quoting 18 U.S.C. § 1464). The Commission also noted there that its rules regarding section 1464 do not apply to cable. See Harriscope of Chicago, Inc., Memorandum Opinion and Order, 3 FCC Rcd 757, 760 n.2 (1988) (subsequent history omitted) (indecency restrictions not
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  • television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.''). See also Telecommunications Act of 1992, Pub. L. No. 102-356, § 16a, 106 Stat. 949, 954 (1992) (requiring Commission to implement indecency time of day restrictions on ``radio or television broadcast station[s]'') (emphasis added); 47 C.F.R. § 73.3999 (applying indecency restrictions to broadcast but not to cable). Violence NOI, 19 FCC Rcd at 14403, n.45 (quoting 18 U.S.C. § 1464). The Commission also noted there that its rules regarding section 1464 do not apply to cable. The Commission's authority over profanity and indecency derives from the same criminal statute and Commission rules. Because the Commission's authority over profanity
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  • his complaints against Beasley. The Complainant supplemented the January 22, 2007 filing on February 1, 2007. Although the Complainant claims to have mailed to the Commission original signed declarations in support of the January 22 and February 1, 2007 filings, we have not received these signed declarations. The Complainant contends that Beasley has violated 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules by broadcasting indecent material over Station WQAM(AM) and is attempting to shield its illegal activity by impermissibly targeting him instead of addressing his indecency complaints on the merits. Specifically, the Complainant alleges that: (1) on-air personalities at Station WQAM(AM) and others have made threats against him and against one of his clients; (2) Beasley has engaged
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  • content where federal statutes direct it to do so. For example, Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' The Commission is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity. Consistent with a subsequent statute and court case, Section 73.3999 of the Rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act, upon a finding that a licensee has broadcast obscene, indecent or profane material in violation
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  • be barred from consideration by the terms of a consent decree entered into by the Commission and Clear Channel (the ``Consent Decree''). The Consent Decree resolved certain matters before the agency involving the possible violation by Clear Channel of the restrictions in the broadcast of obscene, indecent or profane material contained at 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 (the ``Indecency Laws''). By the terms of the Consent Decree, Clear Channel agreed to undertake certain compliance measures and to pay the United States Treasury the sum of $1,750,000 in consideration for the Commission rescinding, vacating and canceling certain forfeiture orders and notices of apparent liability for forfeiture issued against Clear Channel-owned broadcast licensees, terminating certain inquiries, and dismissing, with
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  • recently considered similar arguments and has concluded that it has requisite authority to settle indecency enforcement actions by means of a Consent Decree. See In the Matter of Viacom Inc., Order on Reconsideration, 21 FCC Rcd 12223 (2006). Accordingly, we will not address the merits of these arguments any further. Id. See 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 (the ``Indecency Laws''). See also Consent Decree, ¶ 8. Consent Decree, ¶ 2(h). See KSJO Petition at 14-15. See KSJO Opposition at 5-6. KSJO Petition at 15, states: ``These acts, if verified, raise serious questions about Clear Channel's candor with the Commission...'' (emphasis added). The Weeks Petition also states that ``Clear Channel owned more than its legal limit of stations
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  • the Enforcement Bureau of the Federal Communications Commission; g. ``Parties'' means the Bureau and CBS; h. ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.; i. ``Rules'' mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. ``Indecency Laws'' means 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999; k. ``Adopting Order'' means an order of the Bureau adopting this Consent Decree; l. ``Effective Date'' means the date on which the Adopting Order is released; m. ``Investigation'' means the investigation commenced by the Media Bureau's June 27, 2007 Letter to Howard F. Jaeckel, Esquire, counsel for CBS Broadcasting, regarding whether CBS Broadcasting or KUTV violated terms of the 2004
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  • the Enforcement Bureau of the Federal Communications Commission; g. "Parties" means the Bureau and CBS; h. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq.; i. "Rules" mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. "Indecency Laws" means 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999; k. "Adopting Order" means an order of the Bureau adopting this Consent Decree; l. "Effective Date" means the date on which the Adopting Order is released; m. "Investigation" means the investigation commenced by the Media Bureau's June 27, 2007 Letter to Howard F. Jaeckel, Esquire, counsel for CBS Broadcasting,2 regarding whether CBS Broadcasting or KUTV violated terms of the 2004
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  • Id. 47 U.S.C. §309(k)(1). 47 U.S.C. §309(d)(1); Astroline Communications Co. Ltd. Partnership v. FCC, 857 F.2d 1556 (D.C. Cir. 1988) (``Astroline''). Astroline, 857 F.2d at 1561. In the Matter of Complaints Against Various Television Licensees Concerning Their December 31, 2004, Broadcast of the Program ``Without a Trace,'' 21 FCC Rcd 2732 (2006). See 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. 47 C.F.R. § 73.3526(e)(10) (emphasis added). Federal Communications Commission Washington, D.C. 20554 p q � ¥%¿ÿ‰PNG �` �` b``DĐ 4 £&)œ@°-ˆ@�@ÿ7 H >˜ôO‡́à p jóư ¨2£=ÿơk²‡Ñ Ÿ"_­ - J÷Ë, µNt£Rb Ê7�P­÷ÔUÿZS 'ÄưwpˆÖˈ jP˜T{.|Â87w]�gíăyAè̉¨-¾�=T#ÆO> ·#W páĂí°U­^S� ³tÉ''ôTxNt›l Û¦ÆéX6`T{�Ó̀ÿ₫Ó:ér¶• ÄAÉR\ )]h]eÆM8îÌŸ`̀?K^ụ̂á ?CªôA₫UU ˆ3ê¡Ÿ=¼¼A „ \±+í_ ÆeùP�gö ÀÙƒéæ à_ਠ{́.ó â•"€̀{ẒưHV9„iÑ�÷¸Úè s+ �~ �p€¦,Éö ¾tmŸyƒ Ư¤*>0‹Fơ°lÅ¢.|¼Ø /„bçÂđ=^''"TxM[ĂD\Đ�lÈá¶-I•@¤ ± �-'�ˆIŸ<~@æ ‹p^vº}ị̂‡+dÿÎ 'îŸ �@çÁœº7ºl:] êœWN
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  • licensee of Station WRXK-FM, Bonita Springs, Florida (collectively, ``Beasley'' and the ``Beasley Stations''). The Consent Decree resolves and terminates certain forfeiture proceedings, investigations and complaints currently being conducted by, or pending before, the Enforcement Bureau concerning possible violations by the Beasley Stations of the restrictions on indecent, profane and obscene programming in 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The Consent Decree also terminates and cancels the above-captioned Notice of Apparent Liability for Forfeiture (NAL) and dismisses with prejudice (i) certain complaints concerning programming aired on or activities undertaken by Beasley Stations involving gambling and (ii) certain informal objections, as defined herein, filed against the license renewal application for Station WQAM(AM), FCC File No. BR-20031001BXU, pending before the Media
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  • stations.''). See 47 U.S.C. § 309(k)(1); see also United Broadcasting Company, Inc., Memorandum Opinion and Order, 100 FCC2d 1574, 1577 (1985) (ordinarily, determination of whether a licensee's record merits a renewal expectancy focuses on the license term preceding the filing of the renewal application in question). Viacom Consent Decree Order, 19 FCC Rcd at 23100, 23103, 23106-07. 47 C.F.R. § 73.3999(b). Viacom, Inc., Order on Reconsideration, 21 FCC Rcd 12223 (2006) (``Viacom Reconsideration Decision''). Viacom Reconsideration Decision, 21 FCC Rcd at 12226 (citing Heckler v. Chaney, 470 U.S. 821, 831 (1985), and Schering Corp. v. Heckler, 779 F.2d 683, 685 (D.C. Cir. 1985)). Viacom Reconsideration Decision, 21 FCC Rcd at 12226-27. See supra note 14. 19 FCC Rcd 10502 (2004). Hearing
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  • broadcast stations between the hours of 6 a.m. and 10 p.m. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' The Commission is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity. Consistent with a subsequent statute and court case, Section 73.3999 of the Rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act, upon a finding that a licensee has broadcast obscene, indecent or profane material in violation
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  • at least three hours per week of ``core'' programs). In addition, Commission rules impose restrictions on certain licensees regarding the amount and manner of airing commercial content during children's programming. See 47 C.F.R. §§ 73.670, 76.225. The Commission also bars radio and television stations from broadcasting indecent material between the hours of 6 a.m. and 10 p.m. 47 C.F.R. § 73.3999. See Children's Internet Protection Act, Pub. L. 106-554, codified at 47 U.S.C. § 254(h) (requiring, among other things, that schools and libraries that receive funding for Internet access or internal connections from the Commission's E-rate program certify that they have instituted an Internet safety policy and adopted measures to block or filter access to inappropriate Internet content by minors); Child
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  • California ) ) ) ) ) ) File No. EB-06-IH-1138 NAL/Account No. 201032080003 FRN 0010754067 Facility ID No. 56384 CONSENT DECREE The Enforcement Bureau and Bela, LLC, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into alleged violations of Section 1464 of Title 18, United States Code and Section 73.3999 of the Commission's rules, by the broadcast of indecent, profane or obscene material over Station KBEH (TV), Oxnard, California. I. DEFINITIONS For the purposes of this Consent Decree, the following definitions shall apply: ``Act'' means the Communications Act of 1934, as amended, 47 U.S.C. § 151 et seq. ``Adopting Order'' means an Order by the Bureau adopting the terms of
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  • Consent Decree entered into between the Enforcement Bureau (``Bureau'') and Bela TV, LLC (``Bela''), former licensee of Station KBEH (TV), Oxnard, California (``Station''). The Consent Decree resolves and terminates an investigation by the Bureau concerning possible violations by the Station of the restrictions on indecent, profane and obscene programming in Section 1464 of Title 18, United States Code, and Section 73.3999 of the Commission's rules. 2. The Bureau and Bela have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting
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  • indecent programming, and provisions relating to the rating of video programming, and equal employment opportunities rules. See 47 U.S.C. § 312(a)(7), 47 C.F.R. §73.1944 (reasonable access); 47 U.S.C. § 315, 47 C.F.R. § 73.1941 (equal opportunities); 47 U.S.C. § 303(b), 47 C.F.R. §§ 73.671, 73.673, 73.3526 (children's educational programming); 18 U.S.C. § 1464; 47 U.S.C. § 303, 47 C.F.R. § 73.3999 (indecent programming); 47 U.S.C. § 303(w) (rating of video programming); 47 C.F.R. § 73.2080 (equal employment opportunities). Broadcast spectrum can be used for ancillary or supplementary services that do not interfere with the primary broadcast signal, e.g., through use or leasing of the vertical blanking interval to provide telecommunications services. See 47 C.F.R. § 73.646. In the digital context, broadcasters
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  • RULES Washington, D.C. - Today, the Commission issued a Notice of Apparent Liability for Forfeiture against AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WWDC-FM, Washington, D.C., for apparently willfully and repeatedly broadcasting indecent material between the hours of 6 a.m. to 10 p.m. on May 7 and 8, 2002, in apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's Rules. The Commission proposed a monetary penalty against AMFM for the maximum statutory amount of $27,500 for each separate broadcast, for a total of $55,000. The Commission based its action on complaints concerning material broadcast over Station WWDC-FM during the May 7 and 8, 2002, ``Elliot in the Morning'' programs. The complaints alleged that, on May 7,
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  • broadcasters that they cannot ignore their responsibility to serve the public interest and to protect children. The FCC's action today fails to do so. See 18 U.S.C. § 1864 (``Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both''), 47 C.F.R. § 73.3999 (``No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent''). NEWS Federal Communications Commission 445 12th Street, S.W. Washington, D. C. 20554 This is an unofficial announcement of Commission action. Release of the full text of a Commission order constitutes official action. See MCI v.
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  • million Consent Decree with Clear Channel Communications, Inc., and its subsidiaries (Clear Channel) to resolve investigations into whether Clear Channel stations had broadcast obscene, indecent, or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Clear Channel admits that some of the material it broadcast was indecent, in violation of 47 C.F.R. § 73.3999. In addition to the $1.75 million payment to the U.S. Treasury, Clear Channel has also committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves all pending Notices of Apparent Liability, Enforcement Bureau investigations, and third-party complaints against Clear Channel for possible violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The
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  • Federal Communications Commission today entered into a $300,000 Consent Decree with Emmis Communications Corporation (``Emmis'') to resolve investigations into whether Emmis stations had broadcast obscene, indecent, or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Emmis admits that some of the material it broadcast was indecent, in violation of 47 C.F.R. § 73.3999. In addition to the $300,000 payment to the U.S. Treasury, Emmis has also committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves all pending Forfeiture Orders, Enforcement Bureau investigations, and third-party complaints against Emmis for possible violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The pending Forfeiture Orders covered by
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  • to resolve investigations into whether Viacom broadcast stations, as well as non-Viacom owned affiliates of the CBS Television Network and UPN, had aired obscene, indecent, and/or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Viacom admits that some of the material that it broadcast was indecent, in violation of 47 C.F.R. § 73.3999. In addition to the $3.5 million payment to the U.S. Treasury, Viacom has committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves pending Notices of Apparent Liability, Forfeiture Orders, Enforcement Bureau investigations, and third-party complaints for possible violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 except for the $550,000 NAL
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  • March 8, 2005, FCC 06-166 (Nov. 6, 2006) ("Remand Order"). The Remand Order vacated Section III.B 5The Commission dismissed the complaint against NYPD Blue because the only person who complained of the material resided in the Eastern time zone, where NYPD Blue aired during the "safe harbor" period after 10pm. Remand Order, at ¶ 75; see also 47 C.F.R. § 73.3999(b) (providing that broadcasting of indecent material is prohibited only between the hours of 6am and 10pm); Action for Children's Television v. FCC, 932 F.2d 1504 (D.C. Cir. 1991) ("ACT II") ("safe harbor" period is constitutionally required), superseded in part by Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995) (in banc). In light of the FCC's revised
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  • Plaza Orange, New Jersey 07050 Attorney for Amicus Curiae-Respondent, Morality In Media, Inc. 5 OPINION OF THE COURT SCIRICA, Chief Judge. In this petition for review, CBS appeals orders of the Federal Communications Commission imposing a monetary forfeiture under 47 U.S.C. § 503(b) for the broadcast of "indecent" material in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The sanctions stem from CBS's live broadcast of the Super Bowl XXXVIII Halftime Show, in which two performers deviated from the show's script resulting in the exposure of a bare female breast on camera, a deceitful and manipulative act that lasted nine-sixteenths of one second. CBS transmitted the image over public airwaves, resulting in punitive action by the FCC. CBS
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  • "[w]hoever utters any obscene, indecent, or profane language by means of radio communication" is subject to a criminal penalty. 18 U.S.C. § 1464. A regulation 7 pursuant to that statute provides that "[n]o licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent." 47 C.F.R. § 73.3999(b). The FCC may impose a forfeiture penalty when it determines that a licensee has violated 18 U.S.C. § 1464. 47 U.S.C. § 503(b)(1)(D). The FCC defines indecent material as "describ[ing] or depict[ing] sexual or excretory organs or activities" and "patently offensive as measured by contemporary community standards for the broadcast medium." Industry Guidance on the Comm'ns Case Law Interpreting 18
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  • Congress to enforce §1464 between the hours of 6 a.m. and 10 p.m., see Public Telecommunications Act of 1992, §15(a), 106 Stat. 954, note following 47 U. S. C. §303, p. 113 (Broadcasting of Indecent Programming). And the Commission has applied its regulations to radio and tele- vision broadcasters alike, see Fox I, supra, at 505­506; see also 47 CFR §73.3999 (2010) (Commission regulation prohibiting the broadcast of any obscene material or any indecent material between 6 a.m. and 10 p.m.). Although the Commission has had the authority to regulate inde- cent broadcasts under §1464 since 1948 (and its prede- cessor commission, the Federal Radio Commission, since 1927), it did not begin to enforce §1464 until the 1970's. See Campbell, Pacifica
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  • to support these vague, generalized allegations. Given this lack of particularity and substantiation, we conclude that no action on our part with respect to NBMC's assertions is warranted. Galloway v. FCC, 778 F2d 16, 20 (D.C. Cir. 1985); Hunger in America, 20 FCC 2d 143, 150 (1969). 18 U.S.C. § 1464 is reflected in our rules at 47 C.F.R. § 73.3999. 47 U.S.C. § 310(d); see also, Stockholders of CBS Inc., 11 FCC Rcd 3733, 3739 (1995). See Stockholders of Infinity Broadcasting Corporation, 12 FCC Rcd 5012 (1996). Id., at 5016, Footnote 1. Id.; See also KLUV(FM), 10 FCC Rcd 4517, 4519 (1995); KRTH(FM), 9 FCC Rcd 7112 (1994). See Shareholders of American Radio Systems Corporation, 13 FCC Rcd 12430 (1998).
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  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
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  • approved the Commission's definition of ``indecent.'' See Action for Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988); Action for Children's Television v. FCC, 932 F.2d 1504 (D.C. Cir. 1991), cert. denied, 112 S. Ct. 1282 (1992); Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), cert. denied, 116 S. Ct. 701 (1996). See 47 C.F.R. §73.3999; Industry Guidance of the Commission's Case Law Interpreting 18 U.S.C. §1464 and Enforcement Policies Regarding Broadcast Indecency, Policy Statement, 16 FCC Rcd 7999 (2001). Our policy states that a complaint ``must generally include a full or partial tape or transcript or significant excerpts of the program.'' See id. Notably, many in the industry (such as the licensee in this case)
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  • (``NAL''), issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules, we grant complaints from Reverend Michael G. Taylor and from Catherine P. Henry and find that AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WWDC-FM, Washington, DC, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly airing indecent material over the station during its May 7 and 8, 2002, broadcasts of the ``Elliott in the Morning'' program. Based upon our review of the facts and circumstances in this case, we conclude that AMFM is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). BACKGROUND The Commission received
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  • (``NAL''), issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules, we grant complaints from Reverend Michael G. Taylor and from Catherine P. Henry and find that AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WWDC-FM, Washington, DC, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly airing indecent material over the station during its May 7 and 8, 2002, broadcasts of the ``Elliott in the Morning'' program. Based upon our review of the facts and circumstances in this case, we conclude that AMFM is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). BACKGROUND The Commission received
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  • indecent material. Based upon our review of the facts and circumstances of this case, we conclude that Infinity Broadcasting and the above-captioned affiliated licensees (collectively ``Infinity'') are apparently liable for a monetary forfeiture in the amount of Three Hundred Fifty-Seven Thousand Five Hundred Dollars ($357, 500.00) for broadcasting indecent material in apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules over the above-captioned 13 stations. II. BACKGROUND 2. The complainants allege, and Infinity does not dispute, that Station WNEW(FM) aired the ``Opie & Anthony Show,'' on August 15, 2002, during which the hosts conducted a contest entitled ``Sex for Sam'' which involved participants having sex in ``risky locations'' throughout New York City, including St. Patrick's Cathedral,
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  • 0.459(g) and 1.115. See Application for Review filed on behalf of Entercom Portland License, LLC by Brian M. Madden, Esquire, Dennis P. Corbett, Esquire, David S. Keir, Esquire, and Jean W. Benz, Esquire, dated August 18, 2003 (``Application for Review''). Entercom Portland License, LLC, 18 FCC Rcd 16386 (EB 2003) (``Bureau Order''). See 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. Letter from Maureen F. Del Duca, Investigations and Hearings Division, Enforcement Bureau, to Entercom Portland License, LLC (DE), dated May 28, 2003, (``letter'') at 4. See Letter from Brian M. Madden, Esquire, Dennis P. Corbett, Esquire, and Jean W. Benz, Esquire, Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. See Memorandum from
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  • and issuing a separate statement, and Commissioner Copps dissenting and issuing separate statements. I. INTRODUCTION In this order, we impose a monetary forfeiture of twenty-seven thousand five hundred dollars ($27,500) against Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, for the willful broadcast of indecent language, in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. II. BACKGROUND In response to a complaint, we issued a Notice of Apparent Liability (``NAL'') on April 3, 2003. We found the material broadcast, attached hereto in the Appendix, to be apparently indecent. In particular, applying the standards described in the Commission's Indecency Policy
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  • graphic, lewd and offensive nature of this broadcast, I would have applied the statutory maximum fine for each call, for a total of $247,500. See 18 U.S.C. § 1864 (``Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both''), 47 C.F.R. § 73.3999 (``No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent''). Federal Communications Commission FCC 03-302 E F L T U W X � E H I J K U W K L M N O P Q R S T U V W X X
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  • Adelstein. FEDERAL COMMUNICATIONS COMMISSION Marlene R. Dortch Secretary At the time the FOIA request was filed, the Bureau was investigating the broadcast. We have now issued a Notice of Apparent Liability for Forfeiture, concluding that Infinity is apparently liable for a monetary forfeiture of $357,500.00 for broadcasting indecent material in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. See Infinity Broadcasting Operations, Inc., Licensee of Stations WNEW(FM), New York, New York, WYSP(FM), Philadelphia, Pennsylvania, KYCY(AM), San Francisco, California, Notice of Apparent Liability for Forfeiture, EB-02-IH-0685 (Oct. 2, 2003) (NAL). See letter from Charles W. Kelley, Chief, Investigations and Hearings Division, Enforcement Bureau, FCC to Infinity Broadcasting Operations, Inc. (Aug. 22, 2002). See letter from Stephen A. Hildebrandt, Vice
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  • Adopted: March 28, 2003 Released: April 3, 2003 By the Commission: Commissioner Copps dissenting and issuing a statement; Commissioners Martin and Adelstein issuing separate statements. I. INTRODUCTION In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Operations, Inc., (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Infinity is apparently liable for a forfeiture in the amount of twenty-seven thousand five hundred dollars ($27,500). II. BACKGROUND The Commission received a complaint alleging that WKRK-FM broadcast indecent material during the ``Deminski & Doyle Show,'' on January 9, 2002
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  • transaction. Hillsborough County Circuit Criminal Court, Consolidated Case # 01CF004899. There was no appeal of this adjudication, which is therefore final. Letter to Peter Wood, reference EB-01-IH-0089 (Chief, Investigations and Hearings Division, Enf. Bur., Mar. 21, 2002). See 18 U.S.C. § 1464 (prohibiting the utterance of ``any obscene, indecent or profane language by means of radio communication''); 47 C.F.R. § 73.3999 (prohibiting the broadcast of ``any material which is obscene'' and restricting the broadcast of ``any material which is indecent''). Ringer did not provide more than a reprinted March 30, 2001, article from the Environment News Service internet site as evidence to support his allegation. See supra note 55. A jury convicted Steven Meade of animal cruelty and on March 12,
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  • find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Clear Channel relating to restrictions on the broadcast of obscene, indecent or profane material. 4. Based on the record before us, in particular Clear Channel's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. § 73.3999, the significant remedial efforts that Clear Channel has already taken and the additional remedial efforts to which Clear Channel has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Clear Channel possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations.
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  • 852 F.2d 1332, 1335 (D.C. Cir. 1988) (Commission has authority to sanction licensees for broadcast of indecent material). The Department of Justice is responsible for prosecution of criminal violations of the statute. See Miller v. California, 413 U.S. 15 (1973), reh'g. denied, 414 U.S. 881 (1973); Sable Communications of California, Inc. v. FCC, 492 U.S. 115 (1989); 47 C.F.R. § 73.3999(a). Obscene speech is defined by a three-part test: (1) an average person, applying contemporary community standards, must find that the material, as a whole, appeals to the prurient interest; (2) the material must depict or describe, in a patently offensive way, sexual conduct specifically defined by applicable law; and (3) the material, taken as a whole, must lack serious literary,
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  • restrictions regarding the broadcast of indecent material. Based upon our review of the facts and circumstances of this case, we conclude that Young is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the statutory maximum in this context, for broadcasting indecent material in apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND The Enforcement Bureau (``Bureau'') received a complaint alleging that Station KRON-TV aired indecent material during the ``KRON 4 Morning News'' show on October 4, 2002, at approximately 8:25 a.m. Specifically, the complainant stated that the show's hosts interviewed performers with the stage production of ``Puppetry of the Penis,'' who appeared in capes but were
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  • were nearby when their children watch television (51%), and that parents trust their children to make their own viewing decisions (25%). Id. at 3. Joel Federman, Ph.D., Rating Sex and Violence in the Media: Media Ratings and Proposals for Reform, (A Henry J. Kaiser Family Foundation Report) (November 2002) 10. , ¶ 5. See note 4, supra. 47 C.F.R. § 73.3999. Title 18 of the U.S. Code criminalizes ``obscene, indecent, or profane language by means of radio communication.'' 18 U.S.C. § 1464. As a result of several judicial and legislative decisions, the Commission has adopted its prohibition on obscenity, and its safe harbor for indecency. See Industry Guidance On the Commission's Case Law Interpreting 18 U.S.C. § 1464 and Enforcement Policies
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  • INTRODUCTION In this Notice of Apparent Liability For Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules, we find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly airing indecent material over the captioned stations during the July 19, November 14, 19, 26 and 27 and December 27, 2001, broadcasts of the ``Bubba the Love Sponge'' program. Furthermore, we find that they each appear to have failed to maintain copies of certain required documents in the public inspection files of each of their respective
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  • a total indecency fine significantly higher than that proposed (it appears there were at least 49 indecency violations, for a total forfeiture exceeding $1,000,000). See 18 U.S.C. § 1864 (``Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both''), 47 C.F.R. § 73.3999 (``No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent''). 9 : ; < = A 9 : ; ; ­
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  • of expression. The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case, shall not broadcast indecent material during the period 6 a.m. through 10 p.m. A. Indecency Analysis 4. Any consideration of government action against allegedly indecent programming must take into account the fact that
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  • of expression. The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case, shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act, upon a finding that the licensee
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  • for Review. In its Application for Review, Infinity sought review of a Memorandum Opinion and Order issued by the Chief, Enforcement Bureau (``Bureau''), which denied Infinity's Petition for Reconsideration of a Forfeiture Order that imposed a monetary forfeiture in the amount of Seven Thousand Dollars ($7,000.00) against it for willful violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, the latter of which prohibits the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. The facts and circumstances resulting in the forfeiture are discussed at length in the 2004 Commission MO&O and Bureau orders noted above and will not be repeated here. In its Petition, Infinity repeats arguments previously made in this proceeding and advances
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  • Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Emmis relating to restrictions on the broadcast of obscene, indecent or profane material. 4. Based on the record before us, in particular Emmis's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. § 73.3999, and the remedial efforts to which Emmis has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Emmis possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b) of
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  • the Viacom Stations, is apparently liable for a monetary forfeiture in the aggregate amount of Five Hundred Fifty Thousand Dollars ($550,000.00), which represents the statutory maximum of $27,500 for each Viacom Station that broadcast the material. We propose the forfeiture for the broadcast over the Viacom Stations of indecent material, in apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. Although we conclude that the non-Viacom-owned CBS Affiliate stations also aired this programming, for the reasons discussed herein, we decline to propose a monetary forfeiture or other sanction against the licensees of those stations. II. BACKGROUND During the days and weeks that followed the February 1, 2004, Super Bowl broadcast, the Commission received an unprecedented number
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  • Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules, we find that Entercom Sacramento License, LLC (``Entercom''), licensee of Station KRXQ(FM), Sacramento, California, broadcast indecent material on two separate occasions, in apparent willful and repeated violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. Based upon our review of the facts and circumstances in this case, we conclude that Entercom is apparently liable for a forfeiture in the maximum amount of Fifty-Five Thousand Dollars ($55,000). II. BACKGROUND This proceeding arises out of a series of written complaints from a listener alleging that Station KRXQ(FM) broadcast indecent material during segments of the ``Rob, Arnie &
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  • 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we grant two complaints and find that WQAM License Limited Partnership (``WQAM''), licensee of Station WQAM(AM), Miami, Florida, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly airing indecent material over the station on September 9 and 10, 2003. Based upon our review of the facts and circumstances in this case, we conclude that WQAM is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The Commission received complaints alleging that Station WQAM(AM) aired indecent
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  • reconsideration filed by Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, of a Memorandum Opinion and Order (``Reconsideration Order'') denying reconsideration of a Forfeiture Order (``Infinity Forfeiture Order'') assessing a monetary forfeiture in the amount of $27,500 against Infinity for the willful broadcast of indecent material in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. We also dismiss the Petition to Intervene and for a Rehearing filed by Carl E. Person, seeking reconsideration of the Infinity Forfeiture Order and the Reconsideration Order. Infinity for the fourth time in this proceeding asserts its argument that the Commission's indecency standard is
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  • Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules, we find that Entercom Kansas City License, LLC, and Entercom Wichita License, LLC (collectively ``Entercom''), licensees of Stations KQRC-FM, Leavenworth, Kansas, and KFH(AM), Wichita, Kansas, respectively, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly airing indecent material during the April 4, April 29, May 2, and May 3, 2002, broadcasts of the ``Dare and Murphy Show.'' Based upon our review of the facts and evidence before us, each of the above-captioned licensees is apparently liable for a monetary forfeiture in the amount of One Hundred Ten Thousand Dollars ($110,000), the
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  • of expression. The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case, shall not broadcast indecent material during the period 6 a.m. through 10 p.m. A. Indecency Analysis 4. Any consideration of government action against allegedly indecent programming must take into account the fact that
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  • authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, section 1464, prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' In addition, consistent with a subsequent statute and court case, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast indecent material during the period 6 a.m. through 10 p.m. As an initial matter, we find that the episode of ``Married By America'' that is the subject of this NAL was indeed broadcast on April 7, 2003, over each of the Fox Stations and Fox Affiliates identified
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  • separate statements. I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny multiple complaints filed by individuals alleging that Fox Television Stations, Inc. (``Fox'') broadcast indecent material over various of its owned and operated television stations during an episode of the ``Keen Eddie'' program on June 10, 2003, in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. For the reasons discussed below, we conclude that the subject material does not violate the Commission's prevailing indecency standards, and we hereby deny the complaints. II. BACKGROUND 2. Beginning in mid 2003 the Commission received a number of complaints against Fox Television Stations, Inc. relating to its broadcast during prime time on June 10, 2003, of an episode of the
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  • leaves in place the general warnings to broadcasters set forth in paragraphs 12 and 13 of the Commission's Notice of Apparent Liability for Forfeiture, Infinity Broadcasting Operations, Inc. (WKRK-FM), 18 FCC Rcd 6915 (2003). 4. Based on the record before us, in particular Viacom's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. § 73.3999, and the remedial efforts to which Viacom has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Viacom possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the
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  • 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' The Federal Communications Commission, which is authorized to license radio and television broadcast stations, is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity. Consistent with a subsequent statute and court case, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Communications Act of 1934, as amended (the ``Act''), upon a finding that a licensee has
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  • 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' The Federal Communications Commission, which is authorized to license radio and television broadcast stations, is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity. Consistent with a subsequent statute and court case, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Communications Act of 1934, as amended (the ``Act''), upon a finding that a licensee has
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  • a petition for reconsideration filed by Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, of a Forfeiture Order issued in this proceeding on December 8, 2003. The Forfeiture Order assessed a monetary forfeiture in the amount of $27,500 against Infinity for willful broadcast of indecent material in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. Reconsideration is appropriate only where the petitioner either shows a material error or omission in the original order or raises additional facts not known or existing until after the petitioner's last opportunity to present such matters. WWIZ, Inc., 37 FCC 685, 686 (1964), aff'd
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  • February 20, 2004 Released: June 10, 2004 By the Commission: Commissioners Martin and Adelstein issuing separate statements; Commissioner Copps dissenting and issuing a statement. I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WIHT(FM), Washington, D.C., apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that AMFM is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the applicable statutory maximum. II. BACKGROUND 2. The Commission received a complaint from listener Douglas Miller alleging that Station WIHT(FM) broadcast indecent
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  • Apparent Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules, we grant a complaint, and find that Capstar TX Limited Partnership (``Capstar''), licensee of Stations WAVW(FM), Stuart, Florida, and WCZR(FM) Vero Beach, Florida, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly airing indecent material over the stations on May 31, 2002. Based upon our review of the facts and circumstances in this case, we conclude that Capstar is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The Commission received a complaint alleging that Station WZZR(FM) aired indecent material
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  • authority to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' Consistent with a subsequent statute and court case, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act, upon a finding that a licensee has broadcast indecent material in violation of 18
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  • Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules, we grant a complaint from Stephen M. Arner and find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent material over the stations on March 13, 2003. Based upon our review of the facts and circumstances in this case and Clear Channel's history of transgressions relating to the broadcast of indecent material over stations licensed to its subsidiaries, we conclude that Clear Channel is apparently liable for a total monetary forfeiture in the
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  • pursuant to 47 C.F.R. § 1.115, of a Memorandum Opinion and Order (``MO&O'') issued by the Chief, Enforcement Bureau (``Bureau''). The MO&O denied Infinity's Petition for Reconsideration of a Forfeiture Order that imposed a monetary forfeiture penalty in the amount of Seven Thousand Dollars ($7,000.00) against Infinity for a willful violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, which prohibit the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. On September 11, 1999, Station WLLD(FM) (``Station'') broadcast a live rap/hip-hop concert called ``The Last Damn Show.'' The broadcast generated a complaint, which included a tape recording of the entire show, as well as a transcript and related tape recording of those portions of
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  • restrictions regarding the broadcast of indecent material. Based upon our review of the facts and circumstances of this case, we conclude that Infinity is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the statutory maximum in this context, for broadcasting indecent material in apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND The Enforcement Bureau received a complaint alleging that Station WKRK-FM aired indecent material during the ``Howard Stern Show,'' on July 26, 2001, between 6:30 and 7:30 a.m. The complainant submitted an audio tape of this broadcast. The Enforcement Bureau sent Infinity a letter of inquiry, and attached a transcript of a portion of the
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  • § 1.115, of a Memorandum Opinion and Order (the ``MO&O'') issued by the Chief, Enforcement Bureau (the ``Bureau''). The MO&O denied Emmis's Petition for Reconsideration of a Forfeiture Order that imposed a monetary forfeiture penalty in the amount of Fourteen Thousand Dollars ($14,000) against it for its willful and repeated violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, the latter of which prohibits the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. On March 20, 2000, between 8:13 and 8:16 a.m., Station WKQX(FM) (the ``Station'') broadcast a telephone conversation between a porn star and the on-air staff of the ``Mancow's Morning Madness'' show. The broadcast generated a complaint in which the complainant alleged
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  • INTRODUCTION In this Notice of Apparent Liability For Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly airing program material during two segments of the ``Howard Stern Show'' on April 9, 2003, that apparently violate the federal restrictions regarding the broadcast of indecent material. Based upon the totality of the evidence before us and Clear Channel's history of repeated broadcasts of indecent material over stations licensed to its subsidiaries, we conclude that these
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  • Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington. Entercom seeks review, pursuant to 47 C.F.R. § 1.115, of a Forfeiture Order issued by the Chief, Enforcement Bureau (``Bureau'') that imposed a monetary forfeiture penalty in the amount of Twelve Thousand Dollars ($12,000.00) against Entercom for willful and repeated violations of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, which prohibit the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30 and 31, and June 1, 2001. The complainant alleged that, during the May 30 and June 1 broadcasts, the station broadcast material concerning whether and how a penis could be used to
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  • freedom of expression. The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' In addition, section 73.3999 of the Commission's rules, which was promulgated for the civil enforcement of that statute and section 16(a) of the Public Telecommunications Act of 1992, as modified by a subsequent court decision, provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. Any
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  • authority to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' Consistent with a subsequent statute and court case, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Act, upon a finding that a licensee has broadcast obscene, indecent or profane material in
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  • authority to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' Consistent with a subsequent statute and court case, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.. The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Act, upon a finding that a licensee has broadcast obscene, indecent or profane material in
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  • authority to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' Consistent with a subsequent statute and court case, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.. The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Act, upon a finding that a licensee has broadcast obscene, indecent or profane material in
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  • separate statement. I. INTRODUCTION In this Memorandum Opinion and Order, we deny complaints alleging that various television station licensees that are affiliates of the ABC Television Network (``ABC'') aired indecent material during their broadcast of ABC's ``Monday Night Football'' on November 15, 2004, at 9 p.m. Eastern Standard Time, in violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. For the reasons discussed below, we conclude that the material in question does not violate the Commission's indecency prohibition. II. BACKGROUND At 9:00 p.m. Eastern Standard Time, on November 15, 2004, as the introductory segment to the broadcast of the National Football League game between the Philadelphia Eagles and Dallas Cowboys, ABC aired a scene featuring Eagles wide receiver Terrell
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  • Emmis entered into the Consent Decree resolving the three forfeiture orders, as well as other pending indecency complaints and ongoing indecency investigations against Emmis. Pursuant to the Consent Decree, Emmis admitted that the programming at issue in the forfeiture orders, and certain programming that was the subject of the pending complaints and ongoing investigations, is indecent, in violation of section 73.3999, agreed to make a voluntary contribution of $300,000 to the United States Treasury, and adopted a ``company-wide compliance plan for the purpose of preventing the broadcast of material violative of the Indecency Laws.'' In addition, Emmis waived ``any and all rights'' to contest the validity of the Consent Decree or the Order. In return, the Commission agreed to rescind, vacate
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  • Consent Decree resolving the forfeiture orders, as well as other pending indecency complaints and ongoing indecency investigations against Viacom. Pursuant to the Consent Decree, Viacom admitted that some of the broadcast material at issue in the forfeiture orders, and certain other programming that was the subject of the pending complaints and ongoing investigations, is indecent and in violation of section 73.3999 of our rules, agreed to make a voluntary contribution of $3,500,000 to the United States Treasury, and adopted a ``company-wide compliance plan for the purpose of preventing the broadcast of material violative of the indecency laws.'' In addition, Viacom waived any and all rights to contest the validity of the Consent Decree or the Order. In return, the Commission agreed
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  • Tanner stated: `I knew he was a bullshitter from Day One.' The interviewer, Julie Chen, recognized the inappropriateness of the language, stating: `I hope we had the cue ready on that one . . . We can't say that word . . . There is a delay.'''). Id. at 2690-2700 ¶¶ 100-45. See 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. However, with respect to complaints regarding the use of the words ``dick'' and ``dickhead'' in episodes of ``NYPD Blue,'' the Commission found that in context the broadcasts of these terms were not patently offensive under its contextual analysis and based on FCC precedent. Omnibus Order, 21 FCC Rcd at 2696-97 ¶ 127. Omnibus Order, 21 FCC Rcd at 2690 ¶
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  • is dwelled upon, and presented in a manner to titillate and shock viewers, we conclude that the broadcast of the material at issue here is patently offensive under contemporary community standards for the broadcast medium and thus apparently indecent. The complained-of material was broadcast within the 6 a.m. to 10 p.m. time frame relevant to an indecency determination under section 73.3999 of the Commission's rules. Therefore, there is a reasonable risk that children may have been in the viewing audience and the broadcast is legally actionable. Forfeiture Calculation. In the instant case, WBDC Broadcasting consciously and deliberately broadcast this episode. Accordingly, we find that WBDC Broadcasting's broadcast in apparent violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 was
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  • graphically depicting teenage boys and girls participating in a sexual orgy. Based upon our review of the facts and circumstances of this case, we conclude that the licensees listed in Attachment A are apparently liable for a monetary forfeiture in the amount of $32,500 per station for broadcasting indecent material in apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. BACKGROUND Section 1464 of title 18, United States Code, prohibits the broadcast of obscene, indecent, or profane programming. The FCC rules implementing that statute, a subsequent statute establishing a ``safe harbor'' during certain hours, and the Act prohibit radio and television stations from broadcasting obscene material at any time and indecent material between 6 a.m. and
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  • though the nudity was brief. The Commission concluded, based upon its review of the facts and circumstances of this case, that CBS was apparently liable for a monetary forfeiture in the amount of $550,000, calculated by applying the maximum forfeiture of $27,500 to each CBS Station, for broadcasting indecent material in apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. In contrast, the Commission proposed no forfeiture against any licensee other than CBS. It did so based on its finding that no licensee of a non-CBS-owned CBS affiliate was involved in the selection, planning or approval of the material for the halftime show, nor could any such licensee reasonably have anticipated that Viacom's production of the
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  • musical finale of the halftime show, Justin Timberlake pulled off part of Janet Jackson's bustier, exposing one of her breasts to the television audience. After conducting an investigation, the Commission issued a Notice of Apparent Liability (the ``NAL'') finding the ultimate parent company of the licensees of the CBS Stations apparently liable for violating 18 U.S.C. § 1464 and section 73.3999, the Commission's rule regulating the broadcast of indecent material. The NAL proposed a forfeiture in the amount of $27,500, the statutory maximum forfeiture amount, against each of the CBS Stations, for a total forfeiture amount of $550,000. CBS submitted its Opposition to the NAL on November 5, 2004. CBS argued that the material broadcast was not actionably indecent under the
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  • of news stories dedicated to ``mayhem'' and under-coverage of issues involving the environment, arts, science, education, poverty, AIDS, children and local elections). . While Rincon questions the taste of some of the telenovelas aired on Univision, it has not shown that any of the specific programming is indecent under the standards set forth in 18 U.S.C. § 1464 and section 73.3999 of the rules. 47 U.S.C. § 309. Letter from Barbara A. Kreisman, Chief, Video Division, Media Bureau, to Univision Communications, Inc. (May 23, 2005). See Milton S. Maltz, 13 FCC Rcd 15527 (1998). See WQHS-TV, Cleveland, 16 FCC Rcd 10904, 10907 (MMB 2001); Roy M. Speer, 11 FCC Rcd 14147, 14165-66 (1996); Wometco Enterprises, Inc., 55 RR 2d 1545 (MMB
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  • 18 FCC Rcd at 13811 ¶ 489 (``We define an `eligible entity' as any entity that would qualify as a small business consistent with SBA standards for its industry grouping,'' citing 13 C.F.R. § 121.201, where the definition of small business for the radio industry is listed in NAICS code 515112). See 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. 47 U.S.C. § 503(b). 47 C.F.R. § 1.80. 47 C.F.R. § 73.3526. 47 C.F.R. § 1.80. See 47 C.F.R. § 1.1914. (Continued from previous page) (continued . . .) Federal Communications Commission FCC 07-41 Federal Communications Commission FCC 07-41 % B K } � £ Ơ ó ú Æ Æ Æ hÁ � � � � J � h �
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  • disposition of those issues here, Mr. Thompson's objection to WQAM(AM)'s license renewal application, filed by letter dated December 12, 2007, and all other similarly based objections to the station's license renewal, are hereby denied. The Beasley Broadcast Group, Inc., Memorandum Opinion and Order, 22 FCC Rcd 10075 (Enf. Bur. 2007) (``Bureau Order''). See 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. Mr. Thompson's indecency complaints will not be addressed here, but will be considered separately. See Bureau Order, 22 FCC Rcd at 10075 ¶¶ 1-2 & nn.1, 3 (citing Letter from John B. Thompson, Attorney at Law, to Michael K. Powell, Chairman, Federal Communications Commission, dated November 27, 2004 (``Complaint'')). See Bureau Order, 22 FCC Rcd at 10075 ¶ 3 &
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  • and Mountain Standard Time, these licensees each broadcast adult female nudity. Based upon our review of the facts and circumstances of this case, we conclude that each licensee listed in the Attachment is apparently liable for a monetary forfeiture in the amount of $27,500 per station for broadcasting indecent material in apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules. BACKGROUND Section 1464 of Title 18, United States Code, prohibits the broadcast of obscene, indecent, or profane programming. The FCC rules implementing that statute, a subsequent statute establishing a ``safe harbor'' during certain hours, and the Act prohibit radio and television stations from broadcasting obscene material at any time and indecent material between 6 a.m. and
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  • of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules, we find that ABC Television Network (``ABC'') affiliated stations and ABC owned-and-operated stations listed in Attachment A, infra, broadcast indecent material during an episode of the program NYPD Blue on February 25, 2003, in willful violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. Based on our review of the facts and circumstances in this case, we conclude that each station is liable for a forfeiture in the amount of $27,500. II. BACKGROUND NYPD Blue was a weekly, hour-long program that ran on the ABC Television Network from 1993 through 2005. The Commission received numerous complaints alleging that certain affiliates
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  • Order, issued pursuant to section 503 of the Communications Act of 1934, as amended, and section 1.80 of the Commission's rules, we find that the FOX Television Network stations listed in Attachment A, infra, broadcast indecent material during an episode of the program ``Married By America'' on April 7, 2003, in willful violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules. Based on our review of the facts and circumstances in this case, we conclude that the licensees of these stations are liable for a forfeiture in the amount of $7,000 per station. II. BACKGROUND ``Married By America'' was a weekly, hour-long ``reality-based'' program that was carried on the FOX Television Network in the spring of 2003.
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  • advanced features beyond the standard V-chip functionality that make use of those controls more desirable. See infra Part II.B. See Common Sense Media Comments at 8. See Joint Comments of the National Association of Broadcasters (``NAB''), the National Cable & Telecommunications Association (``NCTA''), and the Motion Picture Association of America (``MPAA'') at 2. 18 U.S.C. § 1464. 47 C.F.R. § 73.3999(a). 47 C.F.R. § 73.3999(b) (adopted pursuant to Public Telecommunications Act of 1992, Pub. L. No. 102-356, § 16(a), 106 Stat. 954). See Action for Children's Television v. FCC, 58 F.3d 654, 669-670 (D.C. Cir. 1995) (en banc), cert. denied, 516 U.S. 1043 (1996). In Complaints Against Various Broadcast Licensees Regarding Their Airing of the ``Golden Globe Awards'' Program, Memorandum Opinion
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  • of voluntary commitments made by Sirius and XM, as well as other conditions. Mt. Wilson FM Broadcasters, Inc. (``Mt. Wilson'') filed a Petition for Reconsideration of the Commission's decision. Mt. Wilson asserts that the conditions imposed by the Commission and accepted by Sirius and XM are not adequate because the merged entity should have been required to comply with Section 73.3999 of the Commission's rules, which prohibits the broadcast of obscene material and restricts the broadcast of indecent material. Sirius XM Radio Inc. (``Sirius XM'') argues in its Opposition that Mt. Wilson's petition is ``procedurally defective'' and requests that the Commission deny it. For the reasons discussed below, we deny Mt. Wilson's petition for reconsideration. background Mt. Wilson filed a petition
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  • we see no basis here upon which to alter their scope. See also Letter from W. Kenneth Ferree, Chief, Media Bureau, to Saul Levine, Mt. Wilson FM Broadcasters, Inc., 19 FCC Rcd 24069 (MB, rel. Dec. 15, 2004) (declining to grant a petition for rulemaking to amend SDARS rules to include an indecency provision analogous to that found in Section 73.3999 of the Commission's rules). See Implementation of Sections of the Cable Television Consumer Protection and Competition Act of 1992: Commercial Leased Access, CS Docket No. 96-60, Second Report and Order and Second Order on Reconsideration of the First Report and Order, 12 FCC Rcd 5267, 5323, ¶ 112 (1997) (``1997 Cable Leased Access Order''). The Commission finds that reasonable insurance
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  • Armas and the National Latino Media Council. By way of background, your Complaint raised three issues regarding a segment of the ``Don and Mike Show:'' (1) that the broadcast involved a telephone call aired without approval of the called party, in violation of section 73.1206 of the Commission's rules; (2) that the broadcast aired indecent language in violation of section 73.3999(b) of the Commission's rules; and (3) that the broadcast included offensive remarks regarding Hispanics that potentially fomented violence, contrary to the public interest. In this latter regard, you request that the Commission change its policy, described in the Complaint as being that ``only in the most blatant examples of incitement to riot will Commission action be taken, and only after
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  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
• http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://transition.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
  • 47 C.F.R. § 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. §§ 303a, 303b, 394. Policies and Rules Concerning Children's Television Programming, Revision, Revision of Programming Policies for Television Broadcast Stations, MM Docket No. 93-48, Report and Order, 11 FCC Rcd 10660 (1996). 18 U.S.C. §1464; 47 C.F.R. § 73.3999. 47 C.F.R. Part 79. 47 C.F.R. § 73.2080. The United States Court of Appeals for the District of Columbia Circuit has declared the some of the Commission's EEO policies and rules unconstitutional, and remanded certain aspects of these policies and rules to the Commission for further consideration. Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, 393 (1998). As indicated below,
• http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://transition.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf
  • at 19-21. Comments of NAB at 75-76. Comments of NLG at 36. Comments of Andrew Morris at 10; Comments of Trident Media at 2; Comments of Gary L. Nixon at 1. See 47 U.S.C. § 309(a). See Report and Order, BC Docket No. 78-253, 51 RR 2d 476 (1982) (Low Power Television R&O). 18 U.S.C. § 1464; 47 C.F.R. § 73.3999 (prohibits broadcasting of indecent material from 6:00 a.m. until 10:00 p.m., hours when children are likely to be in the audience). 47 U.S.C. § 317; 47 C.F.R. § 73.1212. See ¶ 75 for a discussion of political programming rules. 47 C.F.R. §73.1208. 47 C.F.R. § 73.1920. 47 C.F.R. § 73.1201. Comments of UCC, et al., at 3-4; Comments of William
• http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://transition.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
  • §§ 312(a)(7), 315; 47 C.F.R. § 73.1941 (equal opportunities); 47 C.F.R. § 73.1942 (candidate rates), 47 C.F.R. § 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. §§ 303a, 303b, 394; 47 C.F.R. 73.670 (advertising), 47 C.F.R. § 73.671 (educational and informational programming). 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. 47 C.F.R. § 73.2080. 47 C.F.R. Part 79. 47 U.S.C. § 336(d) (``Nothing in this section shall be construed as relieving a television broadcast station from its obligation to serve the public interest, convenience, and necessity.''). See also Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, Fifth Report & Order, 12 FCC
• http://transition.fcc.gov/eb/News_Releases/DOC-239475A1.html
  • INDECENCY RULES Washington, D.C. - Today, the Commission issued a Notice of Apparent Liability for Forfeiture against AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WWDC-FM, Washington, D.C., for apparently willfully and repeatedly broadcasting indecent material between the hours of 6 a.m. to 10 p.m. on May 7 and 8, 2002, in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's Rules. The Commission proposed a monetary penalty against AMFM for the maximum statutory amount of $27,500 for each separate broadcast, for a total of $55,000. The Commission based its action on complaints concerning material broadcast over Station WWDC-FM during the May 7 and 8, 2002, ``Elliot in the Morning'' programs. The complaints alleged that, on May 7,
• http://transition.fcc.gov/eb/News_Releases/DOC-248237A1.html
  • $1.75 million Consent Decree with Clear Channel Communications, Inc., and its subsidiaries (Clear Channel) to resolve investigations into whether Clear Channel stations had broadcast obscene, indecent, or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Clear Channel admits that some of the material it broadcast was indecent, in violation of 47 C.F.R. 73.3999. In addition to the $1.75 million payment to the U.S. Treasury, Clear Channel has also committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves all pending Notices of Apparent Liability, Enforcement Bureau investigations, and third-party complaints against Clear Channel for possible violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. The pending Notices
• http://transition.fcc.gov/eb/News_Releases/DOC-250911A1.html
  • The Federal Communications Commission today entered into a $300,000 Consent Decree with Emmis Communications Corporation (``Emmis'') to resolve investigations into whether Emmis stations had broadcast obscene, indecent, or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Emmis admits that some of the material it broadcast was indecent, in violation of 47 C.F.R. 73.3999. In addition to the $300,000 payment to the U.S. Treasury, Emmis has also committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves all pending Forfeiture Orders, Enforcement Bureau investigations, and third-party complaints against Emmis for possible violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. The pending Forfeiture Orders covered by the Consent
• http://transition.fcc.gov/eb/News_Releases/DOC-254596A1.html
  • subsidiaries to resolve investigations into whether Viacom broadcast stations, as well as non-Viacom owned affiliates of the CBS Television Network and UPN, had aired obscene, indecent, and/or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Viacom admits that some of the material that it broadcast was indecent, in violation of 47 C.F.R. 73.3999. In addition to the $3.5 million payment to the U.S. Treasury, Viacom has committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves pending Notices of Apparent Liability, Forfeiture Orders, Enforcement Bureau investigations, and third-party complaints for possible violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999 except for the $550,000 NAL released September
• http://transition.fcc.gov/eb/Orders/2001/da01111.doc http://transition.fcc.gov/eb/Orders/2001/da01111.html
  • WZEE(FM), ) JWS Madison, Wisconsin ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 16, 2001 Released: January 18, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Capstar TX Limited Partnership (``Capstar''), licensee of Station WZEE(FM), Madison, Wisconsin, has apparently violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Capstar is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint concerning a September 8, 2000, broadcast on WZEE(FM), called
• http://transition.fcc.gov/eb/Orders/2001/da011194.doc http://transition.fcc.gov/eb/Orders/2001/da011194.html
  • Station WCOM(FM), ) Bayamon, Puerto Rico ) Facility ID # 54471 FORFEITURE ORDER Adopted: May 9, 2001 Released: May 11, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order, we impose a forfeiture of $16,800 on WLDI, Inc. (``WLDI''), licensee of Station WCOM(FM), Bayamon, Puerto Rico, for willful and repeated violations of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. This action is taken pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). BACKGROUND On October 1, 1999, Chancellor Media Corporation, owner of WLDI, filed with the Commission an application to transfer control of WLDI to the Spanish Broadcasting System of Puerto Rico (``SBS''). WCOM(FM) broadcast the allegedly indecent material
• http://transition.fcc.gov/eb/Orders/2001/da011212.doc http://transition.fcc.gov/eb/Orders/2001/da011212.html
  • ) Station KBOO-FM, Portland, OR ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 14, 2001 Released: May 17, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that The KBOO Foundation, licensee of noncommercial Station KBOO-FM, Portland, Oregon, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that The KBOO Foundation is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint alleging that KBOO-FM broadcast indecent material on October 20, 1999 between 7:00 p.m. and 9:00
• http://transition.fcc.gov/eb/Orders/2001/da011334.doc http://transition.fcc.gov/eb/Orders/2001/da011334.html
  • of Station KKMG(FM), ) Pueblo, Colorado ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 31, 2001 Released: June 1, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citadel Broadcasting Company (``Citadel''), licensee of Station KKMG(FM), Pueblo, Colorado, has apparently violated 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Citadel is apparently liable for a monetary forfeiture in the amount of Seven Thousand Dollars ($7,000.00). II. BACKGROUND 2. The Commission received a complaint dated July 18, 2000, concerning repeated broadcasts of
• http://transition.fcc.gov/eb/Orders/2001/da01338.doc http://transition.fcc.gov/eb/Orders/2001/da01338.html
  • 200132080018 ) ID # 54471 ) CMW ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 8, 2001 Released: February 8, 2001 By the Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find that WLDI, Inc., licensee of Station WCOM(FM), Bayamon, Puerto Rico, has apparently willfully and repeatedly violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Based on our review of the facts and circumstances in this case, we conclude that WLDI, Inc. is apparently liable for a forfeiture in the amount of twenty one thousand dollars ($21,000). Background The Commission received a complaint alleging that Station WCOM(FM), Bayamon, Puerto Rico, broadcast indecent material
• http://transition.fcc.gov/eb/Orders/2001/da01537.doc http://transition.fcc.gov/eb/Orders/2001/da01537.html
  • WLLD(FM), ) JWS Holmes Beach, Florida ) FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we impose a forfeiture of $7,000 on Infinity Radio License, Inc. (``Infinity''), licensee of Station WLLD(FM), Holmes Beach, Florida, for a willful violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. This action is taken pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). II. BACKGROUND 2. By Notice of Apparent Liability, DA 00-2724, released December 5, 2000 (``NAL''), we determined that certain material apparently broadcast over WLLD(FM) on September 11, 1999, was indecent. After considering the context, we opined that the language from two discrete excerpts from the
• http://transition.fcc.gov/eb/Orders/2001/da01792.doc http://transition.fcc.gov/eb/Orders/2001/da01792.html
  • LIABILITY FOR FORFEITURE Adopted: March 29, 2001 Released: March 30, 2001 By the Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find that Telemundo of Puerto Rico License Corp. (``Telemundo''), licensee of Station WKAQ-TV, San Juan, Puerto Rico, has broadcast indecent material in apparent willful and repeated violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Based on our review of the facts and circumstances in this case, we conclude that Telemundo is apparently liable for a forfeiture in the amount $21,000. Background The Commission received a complaint alleging that Station WKAQ-TV, San Juan, Puerto Rico, broadcast indecent material during the Spanish language program ``No te Duermas'' on
• http://transition.fcc.gov/eb/Orders/2001/da01812.doc http://transition.fcc.gov/eb/Orders/2001/da01812.html
  • ) Fort Worth, Texas ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 30, 2001 Released: April 3, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citicasters Co. (``Citicasters''), licensee of Station KEGL(FM), Fort Worth, Texas, has apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Citicasters is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received a complaint dated August 6, 2000, concerning broadcasts that aired on KEGL on May 30, May 31,
• http://transition.fcc.gov/eb/Orders/2001/da01870.doc http://transition.fcc.gov/eb/Orders/2001/da01870.html
  • Chicago, Illinois ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 5, 2001 Released: April 6, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Emmis FM License Corp. of Chicago (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received complaints dated March 20, 2000 and May 15, 2000, concerning broadcasts that aired on WKQX on the
• http://transition.fcc.gov/eb/Orders/2001/fcc01090.doc http://transition.fcc.gov/eb/Orders/2001/fcc01090.html
  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1336A1.html
  • Facility ID # 25442 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 6, 2002 Released: June 7, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Operations, Inc., (``Infinity''), licensee of Station WNEW(FM), New York, New York, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent language on three occasions. Based upon our review of the facts and circumstances in this case, we conclude that Infinity is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND 2. The Commission received two complaints alleging that WNEW(FM) broadcast indecent material during the ``Opie and Anthony Show,''
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1502A1.html
  • ) Facility ID # 19525 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 27, 2002 Released: June 28, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint that WKQX(FM) broadcast indecent material on March 12, 2001 between 8:00 a.m. and 8:10 a.m. during the
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1503A1.html
  • may regulate such material only with due respect for the high value our Constitution places on freedom and choice in what people say and hear.''). See also United States v. Playboy Entertainment Group, Inc., 529 U.S. 803, 813-15 (2000). 6 Public Telecommunications Act of 1992, Pub. L. No. 356, 102nd Cong., 2nd Sess. (1992); ACT III. 7 See 47 C.F.R. 73.3999. 8 Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), aff'd sub nom. FCC v. Pacifica Foundation, 438 U.S. 726 (1978)). 9 In FCC v. Pacifica Foundation, the Supreme Court quoted the Commission's definition of indecency with apparent approval. FCC v. Pacifica Foundation, 438 U.S. at 732.
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1883A1.html
  • of the statute.6 However, the First Amendment is a critical constitutional limitation that demands we proceed cautiously and with appropriate restraint.7 Consistent with a subsequent statute and case law,8 under the Commission's rules, no radio or television licensee shall broadcast obscene material at any time, or broadcast indecent material during the period 6 a.m. through 10 p.m. See 47 C.F.R. 73.3999. 5. In enforcing its indecency rule, the Commission has defined indecent speech as language that first, in context, depicts or describes sexual or excretory organs or activities. Second, the broadcast must be ``patently offensive as measured by contemporary community standards for the broadcast medium.'' Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing Pacifica Foundation,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1887A1.html
  • # 43873 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 1, 2002 Released: August 2, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rubber City Radio Group of Akron, Ohio (``Rubber City''), licensee of Station WONE- FM, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Rubber City is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint that WONE-FM broadcast indecent material on November 29, 2001, at 8:30 a.m. during the ``Morning Show''
• http://transition.fcc.gov/eb/Orders/2002/DA-02-1888A1.html
  • Communications Commission, EB Docket No. EB-00-IH-0014a (Dec. 11, 2000). In the letter, SBS reserved the right to challenge the Commission's staff conclusion that it is or was responsible for the allegedly indecent broadcasts in October 1999. 4 WLDI, Inc., EB-00-IH-0014a, Notice of Apparent Liability, 16 FCC Rcd 3011 (Enf. Bur. 2001) (``NAL''). 5 NAL at 8; see also 47 C.F.R. 73.3999 6 See WLDI, Inc., EB-00-IH-0014a, Forfeiture Order, DA 01-1194 (rel. May 11, 2001) (``Forfeiture Order''). 7 See WLDI, Inc., Licensee of Station WCOM(FM), Bayamon, Puerto Rico, Petition for Reconsideration of Forfeiture Order, EB-00-IH-0014a (filed June 11, 2001) (``Petition''). WLDI, Inc.'s filed the Petition pursuant to Section 1.106(a) of the Commission's Rules, 47 C.F.R. 1.106. 8 See EZ Sacramento, Inc., Memorandum
• http://transition.fcc.gov/eb/Orders/2002/DA-02-208A1.html
  • ) Facility ID # 34530 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 25, 2002 Released: January 28, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Entercom is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30, 31 and June 1, 2001. The complainant
• http://transition.fcc.gov/eb/Orders/2002/DA-02-23A1.html
  • of Station KKMG(FM), ) Pueblo, Colorado ) MEMORANDUM OPINION AND ORDER Adopted: January 7, 2002 Released: January 8, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we rescind the Notice of Apparent Liability (``NAL'') in which we found that Citadel Broadcasting Company (``Citadel''), licensee of Station KKMG(FM), Pueblo, Colorado, apparently violated 18 U.S.C. 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. 73.3999, by willfully broadcasting apparently indecent language.1 Having reviewed Citadel's response and having again reviewed the relevant case law, we disagree with our initial analysis and we now conclude that the material at issue was not patently offensive under contemporary community standards for the broadcast medium. Accordingly, we conclude that the licensee did not
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2400A1.html
  • By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny the petition for reconsideration filed April 2, 2001, by Infinity Radio License, Inc. (``Infinity''), licensee of Station WLLD(FM), Holmes Beach, Florida. Infinity seeks reconsideration of a Forfeiture Order, which imposed a $7,000 forfeiture for a willful violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material. Infinity Radio License, Inc., 16 FCC Rcd 4825 (Enforcement Bureau 2001) (``Forfeiture Order'') 2. Reconsideration is appropriate only where the petitioner either shows a material error or omission in the original order or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. WWIZ, Inc.,
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2401A1.html
  • the petition for reconsideration filed on February 7, 2002 by Emmis Radio License Corporation (``Emmis''). Emmis seeks reconsideration of Emmis FM License Corp. of Chicago, 17 FCC Rcd 493 (Enf. Bur. 2002) (``Forfeiture Order''), which imposed a forfeiture of $14,000 on Emmis, licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 2. In the Forfeiture Order, we determined that uncontradicted information provided by a complainant established that Emmis broadcast indecent material on two occasions. In making this finding we found that ``the excerpts are significant enough, when viewed in combination with the descriptions provided by the complainant and the lack of contradiction by Emmis,2 to be consistent with our practice.'' Forfeiture
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2402A1.html
  • KNDD(FM), ) Facility ID #34530 Seattle, Washington ) FORFEITURE ORDER Adopted: September 26, 2002 Released: September 27, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $12,000 on Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material at certain times of day. We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). II. BACKGROUND 2. The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30, 2001 and on June 1, 2001. The complainant described the material broadcast, which, the complainant alleged, concerned whether a
• http://transition.fcc.gov/eb/Orders/2002/DA-02-26A1.html
  • Facility ID #19525 Chicago, Illinois ) FORFEITURE ORDER Adopted: January 7, 2002 Released: January 8, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $14,000 on Emmis FM License Corp. of Chicago (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). II. BACKGROUND 2. The Commission received letters dated March 20, 2000, and May 15, 2000, complaining about material aired on Station WKQX(FM) on each of those dates during the ``Mancow Morning Madhouse'' (``Mancow'') program. The March complaint alleged that the station broadcast a conversation between 8:13 a.m.
• http://transition.fcc.gov/eb/Orders/2002/DA-02-2937A1.html
  • ) Facility ID # 19525 Chicago, Illinois ) FORFEITURE ORDER Adopted: October 31, 2002 Released: November 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $21,000 on Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material at certain times of day. We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). II. BACKGROUND 2. The Commission received complaints that WKQX(FM) broadcast indecent material on March 6, 2001, March 7, 2001 and May 17, 2001 between 8:00 a.m. and 9:00 a.m. during the ``Mancow's Morning Madhouse'' (``Mancow'')
• http://transition.fcc.gov/eb/Orders/2002/DA-02-3448A1.html
  • 18720 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: December 12, 2002 Released: December 13, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Edmund Dinis, licensee of Station WJFD(FM), New Bedford, Massachusetts, and former licensee of Station WSPR(AM) Springfield, Massachusetts, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent programming on Station WSPR(AM) on four occasions.1 Based upon our review of the facts and circumstances in this case, we conclude that Mr. Dinis is apparently liable for a forfeiture in the amount of twenty-two thousand four hundred dollars ($22,400). II. BACKGROUND 2. We received a complaint on January 30, 2001 that alleged that Station WSPR(AM)
• http://transition.fcc.gov/eb/Orders/2002/DA-02-677A1.html
  • FRN 0001-5293-46 ) Facility ID # 19525 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 20, 2002 Released: March 21, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent language on three occasions. See Attachment. Based upon our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND 2. The Commission received complaints that WKQX(FM) broadcast indecent material on March 6, 2001, March 7,
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  • FORFEITURE Adopted: April 30, 2002 Released: May 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that GA-MEX Broadcasting, Inc., licensee of station WAZX(AM), Smyrna, Georgia and WAZX-FM, Inc., licensee of station WAZX(FM), Cleveland, Georgia (collectively referred to as ``WAZX''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999 by willfully broadcasting indecent language.1 Based upon our review of the facts and circumstances in this case, we conclude that WAZX is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint alleging that WAZX broadcast indecent material during the Spanish-language call-in talk show ``el Manero'' on April 6,
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  • the Commission's definition of ``indecent.'' See Action for Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988); Action for Children's Television v. FCC, 932 F.2d 1504 (D.C. Cir. 1991), cert. denied, 112 S. Ct. 1282 (1992); Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), cert. denied, 116 S. Ct. 701 (1996). 14 See 47 C.F.R. 73.3999; Industry Guidance of the Commission's Case Law Interpreting 18 U.S.C. 1464 and Enforcement Policies Regarding Broadcast Indecency, Policy Statement, 16 FCC Rcd 7999 (2001). 15 Our policy states that a complaint ``must generally include a full or partial tape or transcript or significant excerpts of the program.'' See id. Notably, many in the industry (such as the licensee in this
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  • 410 City Avenue, Suite 409, Bala Cynwyd, Pennsylvania 19004. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 0.111, 0.311, 0.459(c) and (d)(2). 2 See Memorandum from Brian M. Madden, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003 (``Confidentiality Request''). 3 See 18 U.S.C. 1464; 47 C.F.R. 73.3999. 4 Letter from Maureen F. Del Duca, Investigations and Hearings Division, Enforcement Bureau, to Entercom Portland License, LLC (DE), dated May 28, 2003, (``letter'') at 4. 5 See Letter from Brian M. Madden, Esq., Dennis P. Corbett, Esq. and Jean W. Benz, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. 6
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  • expression.5 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 6 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act,8 upon a finding that a licensee has broadcast indecent material in violation of 18
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  • ) Station KBOO-FM, Portland, OR ) MEMORANDUM OPINION AND ORDER Adopted: February 20, 2003 Released: February 20, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we rescind the Notice of Apparent Liability (``NAL'') in this proceeding, which found that The KBOO Foundation, licensee of noncommercial Station KBOO-FM, Portland, Oregon, apparently violated 18 U.S.C. 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. 73.3999, by willfully broadcasting indecent language.1 Based on our review of The KBOO Foundation's response and supplemental response to the NAL, we conclude that the licensee did not violate the applicable statute or the Commission's indecency rule, and that no sanction is warranted. II. BACKGROUND 2. The Commission received a complaint alleging that KBOO-FM
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  • for Forfeiture (``NAL''), issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules,1 we grant complaints from Reverend Michael G. Taylor and from Catherine P. Henry2 and find that AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WWDC-FM, Washington, DC, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the station during its May 7 and 8, 2002, broadcasts of the ``Elliott in the Morning'' program. Based upon our review of the facts and circumstances in this case, we conclude that AMFM is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The
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  • of indecent material.5 Based upon our review of the facts and circumstances of this case, we conclude that Infinity Broadcasting and the above-captioned affiliated licensees (collectively ``Infinity'') are apparently liable for a monetary forfeiture in the amount of Three Hundred Fifty-Seven Thousand Five Hundred Dollars ($357, 500.00) for broadcasting indecent material in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules over the above-captioned 13 stations. II. BACKGROUND 2. The complainants allege, and Infinity does not dispute, that Station WNEW(FM) aired the ``Opie & Anthony Show,'' on August 15, 2002, during which the hosts conducted a contest entitled ``Sex for Sam'' which involved participants having sex in ``risky locations'' throughout New York City, including St. Patrick's Cathedral,6
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  • and 1.115. 2 See Application for Review filed on behalf of Entercom Portland License, LLC by Brian M. Madden, Esquire, Dennis P. Corbett, Esquire, David S. Keir, Esquire, and Jean W. Benz, Esquire, dated August 18, 2003 (``Application for Review''). 3 Entercom Portland License, LLC, 18 FCC Rcd 16386 (EB 2003) (``Bureau Order''). 4 See 18 U.S.C. 1464; 47 C.F.R. 73.3999. 5 Letter from Maureen F. Del Duca, Investigations and Hearings Division, Enforcement Bureau, to Entercom Portland License, LLC (DE), dated May 28, 2003, (``letter'') at 4. 6 See Letter from Brian M. Madden, Esquire, Dennis P. Corbett, Esquire, and Jean W. Benz, Esquire, Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. 7
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  • concurring and issuing a separate statement, and Commissioner Copps dissenting and issuing separate statements. I. INTRODUCTION 1. In this order, we impose a monetary forfeiture of twenty-seven thousand five hundred dollars ($27,500) against Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, for the willful broadcast of indecent language, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. II. BACKGROUND 2. In response to a complaint, we issued a Notice of Apparent Liability (``NAL'') on April 3, 2003.1 We found the material broadcast, attached hereto in the Appendix, to be apparently indecent. In particular, applying the standards described in the Commission's Indecency
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  • graphic, lewd and offensive nature of this broadcast, I would have applied the statutory maximum fine for each call, for a total of $247,500. _________________________ 1 See 18 U.S.C. 1864 (``Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both''), 47 C.F.R. 73.3999 (``No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent''). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-302A6.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-302A6.doc
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  • FORFEITURE Adopted: March 28, 2003 Released: April 3, 2003 By the Commission: Commissioner Copps dissenting and issuing a statement; Commissioners Martin and Adelstein issuing separate statements. I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Operations, Inc., (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999 by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Infinity is apparently liable for a forfeiture in the amount of twenty-seven thousand five hundred dollars ($27,500). II. BACKGROUND 2. The Commission received a complaint alleging that WKRK- FM broadcast indecent material during the ``Deminski & Doyle Show,'' on January
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  • section 1.80 of the Commission's rules,1 we impose a monetary forfeiture of Seven Thousand Dollars ($7,000.00) on Emmis FM License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for the willful broadcast of indecent material over the station during its March 12, 2001, broadcast of the ``Mancow's Morning Madhouse'' (``Mancow'') program, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. II. BACKGROUND 2. The Commission received a complaint that Station WKQX(FM) broadcast indecent material on March 12, 2001, between 8:00 and 8:10 a.m. during the Mancow program.2 In support of the complaint, the complainant submitted an audio tape of the broadcast.3 The complainant specifically identified a song, ``Smell My Finger,'' that had been broadcast during the Mancow program. 3. After
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  • amended (the ``Act''),1 and section 1.106 of the Commission's rules,2 we deny a Petition for Reconsideration filed on December 2, 2002, by Emmis Radio License Corporation, (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, of a Forfeiture Order3 imposing a Twenty- One Thousand Dollar ($21,000.00) monetary forfeiture penalty against it for willful and repeated violations of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules, the latter of which prohibits the broadcast of indecent material during the period from 6 a.m. through 10 p.m. Specifically, in the Forfeiture Order, we found that the complained-of material broadcast over Station WKQX(FM) on March 6, 7 and May 17, 2001, during the ``Mancow's Morning Madhouse'' (``Mancow'') program met the Commission's indecency definition, and thus
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  • we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Clear Channel relating to restrictions on the broadcast of obscene, indecent or profane material. 4. Based on the record before us, in particular Clear Channel's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. 73.3999, the significant remedial efforts that Clear Channel has already taken and the additional remedial efforts to which Clear Channel has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Clear Channel possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations.
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  • federal restrictions regarding the broadcast of indecent material.2 Based upon our review of the facts and circumstances of this case, we conclude that Young is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the statutory maximum in this context, for broadcasting indecent material in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND 2. The Enforcement Bureau (``Bureau'') received a complaint alleging that Station KRON-TV aired indecent material during the ``KRON 4 Morning News'' show on October 4, 2002, at approximately 8:25 a.m.3 Specifically, the complainant stated that the show's hosts interviewed performers with the stage production of ``Puppetry of the Penis,'' who appeared in capes but
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  • I. INTRODUCTION 1. In this Notice of Apparent Liability For Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules,1 we find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the captioned stations during the July 19, November 14, 19, 26 and 27 and December 27, 2001, broadcasts of the ``Bubba the Love Sponge'' program. Furthermore, we find that they each appear to have failed to maintain copies of certain required documents in the public inspection files of each of their respective
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  • a total indecency fine significantly higher than that proposed (it appears there were at least 49 indecency violations, for a total forfeiture exceeding $1,000,000). _________________________ 1 See 18 U.S.C. 1864 (``Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both''), 47 C.F.R. 73.3999 (``No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent''). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-17A4.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-17A4.doc
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  • expression.4 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 5 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case,6 shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 A. Indecency Analysis 4. Any consideration of government action against allegedly indecent programming must take into account the fact that
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-197A1.html
  • of expression.4 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''5 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case,6 shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act,8 upon a finding that the licensee
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  • 2002, Application for Review.2 In its Application for Review, Infinity sought review of a Memorandum Opinion and Order3 issued by the Chief, Enforcement Bureau (``Bureau''), which denied Infinity's Petition for Reconsideration of a Forfeiture Order4 that imposed a monetary forfeiture in the amount of Seven Thousand Dollars ($7,000.00) against it for willful violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, the latter of which prohibits the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. The facts and circumstances resulting in the forfeiture are discussed at length in the 2004 Commission MO&O and Bureau orders noted above and will not be repeated here. In its Petition, Infinity repeats arguments previously made in this proceeding and advances
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  • Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Emmis relating to restrictions on the broadcast of obscene, indecent or profane material. 4. Based on the record before us, in particular Emmis's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. 73.3999, and the remedial efforts to which Emmis has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Emmis possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b) of
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  • of the Viacom Stations, is apparently liable for a monetary forfeiture in the aggregate amount of Five Hundred Fifty Thousand Dollars ($550,000.00), which represents the statutory maximum of $27,500 for each Viacom Station that broadcast the material. We propose the forfeiture for the broadcast over the Viacom Stations of indecent material, in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules.5 Although we conclude that the non-Viacom-owned CBS Affiliate stations also aired this programming, for the reasons discussed herein, we decline to propose a monetary forfeiture or other sanction against the licensees of those stations. II. BACKGROUND 2. During the days and weeks that followed the February 1, 2004, Super Bowl broadcast, the Commission received an unprecedented
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  • Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules,1 we find that Entercom Sacramento License, LLC (``Entercom''), licensee of Station KRXQ(FM), Sacramento, California, broadcast indecent material on two separate occasions, in apparent willful and repeated violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. Based upon our review of the facts and circumstances in this case, we conclude that Entercom is apparently liable for a forfeiture in the maximum amount of Fifty-Five Thousand Dollars ($55,000). II. BACKGROUND 2. This proceeding arises out of a series of written complaints from a listener alleging that Station KRXQ(FM) broadcast indecent material during segments of the ``Rob, Arnie
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-225A1.html
  • I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we grant two complaints2 and find that WQAM License Limited Partnership (``WQAM''), licensee of Station WQAM(AM), Miami, Florida, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the station on September 9 and 10, 2003. Based upon our review of the facts and circumstances in this case, we conclude that WQAM is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The Commission received complaints alleging that Station WQAM(AM) aired indecent
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-226A1.html
  • petition for reconsideration filed by Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, of a Memorandum Opinion and Order (``Reconsideration Order'')1 denying reconsideration of a Forfeiture Order (``Infinity Forfeiture Order'')2 assessing a monetary forfeiture in the amount of $27,500 against Infinity for the willful broadcast of indecent material in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. We also dismiss the Petition to Intervene and for a Rehearing filed by Carl E. Person, seeking reconsideration of the Infinity Forfeiture Order and the Reconsideration Order.3 2. Infinity for the fourth time in this proceeding asserts its argument that the Commission's indecency standard
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-231A1.html
  • Liability For Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules,1 we find that Entercom Kansas City License, LLC, and Entercom Wichita License, LLC (collectively ``Entercom''),2 licensees of Stations KQRC-FM, Leavenworth, Kansas, and KFH(AM), Wichita, Kansas, respectively, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material during the April 4, April 29, May 2, and May 3, 2002, broadcasts of the ``Dare and Murphy Show.'' Based upon our review of the facts and evidence before us, each of the above-captioned licensees is apparently liable for a monetary forfeiture in the amount of One Hundred Ten Thousand Dollars ($110,000), the
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-235A1.html
  • of expression.5 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''6 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case,7 shall not broadcast indecent material during the period 6 a.m. through 10 p.m.8 A.Indecency Analysis 4.Any consideration of government action against allegedly indecent programming must take into account the fact that such speech
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-242A1.html
  • authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, section 1464, prohibits the utterance of ?any obscene, indecent or profane language by means of radio communication.?10 In addition, consistent with a subsequent statute and court case,11 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast indecent material during the period 6 a.m. through 10 p.m.12 5. As an initial matter, we find that the episode of ?Married By America? that is the subject of this NAL was indeed broadcast on April 7, 2003, over each of the Fox Stations and Fox Affiliates
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  • and issuing separate statements. I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny multiple complaints filed by individuals alleging that Fox Television Stations, Inc. (``Fox'') broadcast indecent material over various of its owned and operated television stations during an episode of the ``Keen Eddie'' program on June 10, 2003, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. For the reasons discussed below, we conclude that the subject material does not violate the Commission's prevailing indecency standards, and we hereby deny the complaints. II. BACKGROUND 2. Beginning in mid 2003 the Commission received a number of complaints against Fox Television Stations, Inc. relating to its broadcast during prime time on June 10, 2003, of an episode of the
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  • Decree leaves in place the general warnings to broadcasters set forth in paragraphs 12 and 13 of the Commission's Notice of Apparent Liability for Forfeiture, Infinity Broadcasting Operations, Inc. (WKRK-FM), 18 FCC Rcd 6915 (2003).15 4. Based on the record before us, in particular Viacom's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. 73.3999, and the remedial efforts to which Viacom has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Viacom possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the
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  • we deny a petition for reconsideration filed by Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, of a Forfeiture Order issued in this proceeding on December 8, 2003. The Forfeiture Order assessed a monetary forfeiture in the amount of $27,500 against Infinity for willful broadcast of indecent material in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. 2. Reconsideration is appropriate only where the petitioner either shows a material error or omission in the original order or raises additional facts not known or existing until after the petitioner's last opportunity to present such matters. WWIZ, Inc., 37 FCC 685, 686 (1964),
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  • FORFEITURE Adopted: February 20, 2004 Released: June 10, 2004 By the Commission: Commissioners Martin and Adelstein issuing separate statements; Commissioner Copps dissenting and issuing a statement. I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WIHT(FM), Washington, D.C., apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that AMFM is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the applicable statutory maximum. II. BACKGROUND 2. The Commission received a complaint from listener Douglas Miller alleging that Station WIHT(FM) broadcast indecent
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-36A1.html
  • Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules,1 we grant a complaint,2 and find that Capstar TX Limited Partnership (``Capstar''), licensee of Stations WAVW(FM),3 Stuart, Florida, and WCZR(FM) Vero Beach, Florida, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the stations on May 31, 2002. Based upon our review of the facts and circumstances in this case, we conclude that Capstar is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The Commission received a complaint alleging that Station WZZR(FM) aired indecent material
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-43A1.html
  • to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 8 Consistent with a subsequent statute and court case,9 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.10 The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act,11 upon a finding that a licensee has broadcast indecent material in violation of 18
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-47A1.html
  • Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules,1 we grant a complaint from Stephen M. Arner2 and find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent material over the stations on March 13, 2003. Based upon our review of the facts and circumstances in this case and Clear Channel's history of transgressions relating to the broadcast of indecent material over stations licensed to its subsidiaries, we conclude that Clear Channel is apparently liable for a total monetary forfeiture in the
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-48A1.html
  • Infinity seeks review, pursuant to 47 C.F.R. 1.115, of a Memorandum Opinion and Order1 (``MO&O'') issued by the Chief, Enforcement Bureau (``Bureau''). The MO&O denied Infinity's Petition for Reconsideration of a Forfeiture Order2 that imposed a monetary forfeiture penalty in the amount of Seven Thousand Dollars ($7,000.00) against Infinity for a willful violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. On September 11, 1999, Station WLLD(FM) (``Station'') broadcast a live rap/hip-hop concert called ``The Last Damn Show.'' The broadcast generated a complaint, which included a tape recording of the entire show, as well as a transcript and related tape recording of those portions of
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-49A1.html
  • federal restrictions regarding the broadcast of indecent material.2 Based upon our review of the facts and circumstances of this case, we conclude that Infinity is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the statutory maximum in this context, for broadcasting indecent material in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND 2. The Enforcement Bureau received a complaint alleging that Station WKRK-FM aired indecent material during the ``Howard Stern Show,'' on July 26, 2001, between 6:30 and 7:30 a.m. The complainant submitted an audio tape of this broadcast.3 3. The Enforcement Bureau sent Infinity a letter of inquiry,4 and attached a transcript of a portion
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-62A1.html
  • 47 C.F.R. 1.115, of a Memorandum Opinion and Order (the ``MO&O'') 2 issued by the Chief, Enforcement Bureau (the ``Bureau''). The MO&O denied Emmis's Petition for Reconsideration of a Forfeiture Order3 that imposed a monetary forfeiture penalty in the amount of Fourteen Thousand Dollars ($14,000) against it for its willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, the latter of which prohibits the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. On March 20, 2000, between 8:13 and 8:16 a.m., Station WKQX(FM) (the ``Station'') broadcast a telephone conversation between a porn star and the on-air staff of the ``Mancow's Morning Madness'' show. The broadcast generated a complaint in which the complainant alleged
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-88A1.html
  • I. INTRODUCTION 1. In this Notice of Apparent Liability For Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing program material during two segments of the ``Howard Stern Show'' on April 9, 2003, that apparently violate the federal restrictions regarding the broadcast of indecent material.2 Based upon the totality of the evidence before us and Clear Channel's history of repeated broadcasts of indecent material over stations licensed to its subsidiaries, we conclude that these
• http://transition.fcc.gov/eb/Orders/2004/FCC-04-89A1.html
  • 2002, by Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington. Entercom seeks review, pursuant to 47 C.F.R. 1.115, of a Forfeiture Order issued by the Chief, Enforcement Bureau (``Bureau'') that imposed a monetary forfeiture penalty in the amount of Twelve Thousand Dollars ($12,000.00) against Entercom for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30 and 31, and June 1, 2001. The complainant alleged that, during the May 30 and June 1 broadcasts, the station broadcast material concerning whether and how a penis could be used
• http://transition.fcc.gov/eb/Orders/2005/DA-05-528A1.html
  • services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.). See also Telecommunications Act of 1992, Pub. L. No. 102-356, 16a, 106 Stat. 949, 954 (1992) (requiring Commission to implement indecency time of day restrictions on radio or television broadcast station[s]) (emphasis added); 47 C.F.R. 73.3999 (applying indecency restrictions to broadcast but not to cable). 5 Violence NOI, 19 FCC Rcd at 14403, n.45 (quoting 18 U.S.C. 1464). The Commission also noted there that its rules regarding section 1464 do not apply to cable. 6 See Harriscope of Chicago, Inc., Memorandum Opinion and Order, 3 FCC Rcd 757, 760 n.2 (1988) (subsequent history omitted) (indecency restrictions
• http://transition.fcc.gov/eb/Orders/2005/DA-05-717A1.html
  • services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.''). See also Telecommunications Act of 1992, Pub. L. No. 102-356, 16a, 106 Stat. 949, 954 (1992) (requiring Commission to implement indecency time of day restrictions on ``radio or television broadcast station[s]'') (emphasis added); 47 C.F.R. 73.3999 (applying indecency restrictions to broadcast but not to cable). 6 Violence NOI, 19 FCC Rcd at 14403, n.45 (quoting 18 U.S.C. 1464). The Commission also noted there that its rules regarding section 1464 do not apply to cable. The Commission's authority over profanity and indecency derives from the same criminal statute and Commission rules. Because the Commission's authority over profanity
• http://transition.fcc.gov/eb/Orders/2005/FCC-04-279A1.html
  • 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''3 The Federal Communications Commission, which is authorized to license radio and television broadcast stations, is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity.4 Consistent with a subsequent statute and court case,5 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.6 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Communications Act of 1934, as amended7 (the ``Act''), upon a finding that a licensee has
• http://transition.fcc.gov/eb/Orders/2005/FCC-04-280A1.html
  • 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''4 The Federal Communications Commission, which is authorized to license radio and television broadcast stations, is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity.5 Consistent with a subsequent statute and court case,6 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Communications Act of 1934, as amended8 (the ``Act''), upon a finding that a licensee has
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-23A1.html
  • freedom of expression.14 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of any obscene, indecent or profane language by means of radio communication.15 In addition, section 73.3999 of the Commission's rules, which was promulgated for the civil enforcement of that statute and section 16(a) of the Public Telecommunications Act of 1992,16 as modified by a subsequent court decision,17 provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. 6.
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-36A1.html
  • to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 4 Consistent with a subsequent statute and court case,5 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.6 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Act,7 upon a finding that a licensee has broadcast obscene, indecent or profane material in
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-37A1.html
  • to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 4 Consistent with a subsequent statute and court case,5 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.. 6 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Act,7 upon a finding that a licensee has broadcast obscene, indecent or profane material
• http://transition.fcc.gov/eb/Orders/2005/FCC-05-53A1.html
  • issuing separate statement. I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny complaints alleging that various television station licensees that are affiliates of the ABC Television Network (ABC) aired indecent material during their broadcast of ABC's Monday Night Football on November 15, 2004, at 9 p.m. Eastern Standard Time, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. For the reasons discussed below, we conclude that the material in question does not violate the Commission's indecency prohibition. II. BACKGROUND 2. At 9:00 p.m. Eastern Standard Time, on November 15, 2004, as the introductory segment to the broadcast of the National Football League game between the Philadelphia Eagles and Dallas Cowboys, ABC aired a scene featuring Eagles wide receiver
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-152A1.html
  • entered into the Consent Decree resolving the three forfeiture orders, as well as other pending indecency complaints and ongoing indecency investigations against Emmis. 3. Pursuant to the Consent Decree, Emmis admitted that the programming at issue in the forfeiture orders, and certain programming that was the subject of the pending complaints and ongoing investigations, is indecent, in violation of section 73.3999, agreed to make a voluntary contribution of $300,000 to the United States Treasury, and adopted a "company-wide compliance plan for the purpose of preventing the broadcast of material violative of the Indecency Laws." In addition, Emmis waived "any and all rights" to contest the validity of the Consent Decree or the Order. In return, the Commission agreed to rescind, vacate
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-153A1.html
  • Decree resolving the forfeiture orders, as well as other pending indecency complaints and ongoing indecency investigations against Viacom. 3. Pursuant to the Consent Decree, Viacom admitted that some of the broadcast material at issue in the forfeiture orders, and certain other programming that was the subject of the pending complaints and ongoing investigations, is indecent and in violation of section 73.3999 of our rules, agreed to make a voluntary contribution of $3,500,000 to the United States Treasury, and adopted a "company-wide compliance plan for the purpose of preventing the broadcast of material violative of the indecency laws." In addition, Viacom waived any and all rights to contest the validity of the Consent Decree or the Order. In return, the Commission agreed
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-166A1.html
  • Tanner stated: `I knew he was a bullshitter from Day One.' The interviewer, Julie Chen, recognized the inappropriateness of the language, stating: `I hope we had the cue ready on that one . . . We can't say that word . . . There is a delay.'"). Id. at 2690-2700 PP 100-45. See 18 U.S.C. S 1464; 47 C.F.R. S 73.3999. However, with respect to complaints regarding the use of the words "dick" and "dickhead" in episodes of "NYPD Blue," the Commission found that in context the broadcasts of these terms were not patently offensive under its contextual analysis and based on FCC precedent. Omnibus Order, 21 FCC Rcd at 2696-97 P 127. Omnibus Order, 21 FCC Rcd at 2690 P
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-17A1.html
  • is dwelled upon, and presented in a manner to titillate and shock viewers, we conclude that the broadcast of the material at issue here is patently offensive under contemporary community standards for the broadcast medium and thus apparently indecent. The complained-of material was broadcast within the 6 a.m. to 10 p.m. time frame relevant to an indecency determination under section 73.3999 of the Commission's rules. Therefore, there is a reasonable risk that children may have been in the viewing audience and the broadcast is legally actionable. 30. Forfeiture Calculation. In the instant case, WBDC Broadcasting consciously and deliberately broadcast this episode. Accordingly, we find that WBDC Broadcasting's broadcast in apparent violation of 18 U.S.C. S 1464 and 47 C.F.R. S 73.3999
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-18A1.html
  • graphically depicting teenage boys and girls participating in a sexual orgy. Based upon our review of the facts and circumstances of this case, we conclude that the licensees listed in Attachment A are apparently liable for a monetary forfeiture in the amount of $32,500 per station for broadcasting indecent material in apparent violation of 18 U.S.C. S 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND 2. Section 1464 of title 18, United States Code, prohibits the broadcast of obscene, indecent, or profane programming. The FCC rules implementing that statute, a subsequent statute establishing a "safe harbor" during certain hours, and the Act prohibit radio and television stations from broadcasting obscene material at any time and indecent material between 6
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-19A1.html
  • the nudity was brief. 7. The Commission concluded, based upon its review of the facts and circumstances of this case, that CBS was apparently liable for a monetary forfeiture in the amount of $550,000, calculated by applying the maximum forfeiture of $27,500 to each CBS Station, for broadcasting indecent material in apparent violation of 18 U.S.C. S 1464 and section 73.3999 of the Commission's rules. In contrast, the Commission proposed no forfeiture against any licensee other than CBS. It did so based on its finding that no licensee of a non-CBS-owned CBS affiliate was involved in the selection, planning or approval of the material for the halftime show, nor could any such licensee reasonably have anticipated that Viacom's production of the
• http://transition.fcc.gov/eb/Orders/2006/FCC-06-68A1.html
  • musical finale of the halftime show, Justin Timberlake pulled off part of Janet Jackson's bustier, exposing one of her breasts to the television audience. After conducting an investigation, the Commission issued a Notice of Apparent Liability (the "NAL") finding the ultimate parent company of the licensees of the CBS Stations apparently liable for violating 18 U.S.C. S 1464 and section 73.3999, the Commission's rule regulating the broadcast of indecent material. The NAL proposed a forfeiture in the amount of $27,500, the statutory maximum forfeiture amount, against each of the CBS Stations, for a total forfeiture amount of $550,000. 3. CBS submitted its Opposition to the NAL on November 5, 2004. CBS argued that the material broadcast was not actionably indecent under
• http://transition.fcc.gov/eb/Orders/2007/DA-07-2279A1.html
  • complaints against Beasley. The Complainant supplemented the January 22, 2007 filing on February 1, 2007. Although the Complainant claims to have mailed to the Commission original signed declarations in support of the January 22 and February 1, 2007 filings, we have not received these signed declarations. 4. The Complainant contends that Beasley has violated 18 U.S.C. S 1464 and Section 73.3999 of the Commission's rules by broadcasting indecent material over Station WQAM(AM) and is attempting to shield its illegal activity by impermissibly targeting him instead of addressing his indecency complaints on the merits. Specifically, the Complainant alleges that: (1) on-air personalities at Station WQAM(AM) and others have made threats against him and against one of his clients; (2) Beasley has engaged
• http://transition.fcc.gov/eb/Orders/2007/DA-07-4692A1.html
  • the Enforcement Bureau of the Federal Communications Commission; g. "Parties" means the Bureau and CBS; h. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq.; i. "Rules" mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. "Indecency Laws" means 18 U.S.C. S: 1464 and 47 C.F.R. S: 73.3999; k. "Adopting Order" means an order of the Bureau adopting this Consent Decree; l. "Effective Date" means the date on which the Adopting Order is released; m. "Investigation" means the investigation commenced by the Media Bureau's June 27, 2007 Letter to Howard F. Jaeckel, Esquire, counsel for CBS Broadcasting, regarding whether CBS Broadcasting or KUTV violated terms of the 2004
• http://transition.fcc.gov/eb/Orders/2008/DA-08-2391A1.html
  • licensee of Station WRXK-FM, Bonita Springs, Florida (collectively, "Beasley" and the "Beasley Stations"). The Consent Decree resolves and terminates certain forfeiture proceedings, investigations and complaints currently being conducted by, or pending before, the Enforcement Bureau concerning possible violations by the Beasley Stations of the restrictions on indecent, profane and obscene programming in 18 U.S.C. S: 1464 and 47 C.F.R. S: 73.3999. The Consent Decree also terminates and cancels the above-captioned Notice of Apparent Liability for Forfeiture (NAL) and dismisses with prejudice (i) certain complaints concerning programming aired on or activities undertaken by Beasley Stations involving gambling and (ii) certain informal objections, as defined herein, filed against the license renewal application for Station WQAM(AM), FCC File No. BR-20031001BXU, pending before the Media
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-251A1.html
  • disposition of those issues here, Mr. Thompson's objection to WQAM(AM)'s license renewal application, filed by letter dated December 12, 2007, and all other similarly based objections to the station's license renewal, are hereby denied. The Beasley Broadcast Group, Inc., Memorandum Opinion and Order, 22 FCC Rcd 10075 (Enf. Bur. 2007) ("Bureau Order"). See 18 U.S.C. S: 1464; 47 C.F.R. S: 73.3999. Mr. Thompson's indecency complaints will not be addressed here, but will be considered separately. See Bureau Order, 22 FCC Rcd at 10075 P:P: 1-2 & nn.1, 3 (citing Letter from John B. Thompson, Attorney at Law, to Michael K. Powell, Chairman, Federal Communications Commission, dated November 27, 2004 ("Complaint")). See Bureau Order, 22 FCC Rcd at 10075 P: 3 &
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-25A1.html
  • and Mountain Standard Time, these licensees each broadcast adult female nudity. Based upon our review of the facts and circumstances of this case, we conclude that each licensee listed in the Attachment is apparently liable for a monetary forfeiture in the amount of $27,500 per station for broadcasting indecent material in apparent violation of 18 U.S.C. S: 1464 and Section 73.3999 of the Commission's rules. II. BACKGROUND 2. Section 1464 of Title 18, United States Code, prohibits the broadcast of obscene, indecent, or profane programming. The FCC rules implementing that statute, a subsequent statute establishing a "safe harbor" during certain hours, and the Act prohibit radio and television stations from broadcasting obscene material at any time and indecent material between 6
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-55A1.html
  • of the Communications Act of 1934, as amended (the "Act"), and section 1.80 of the Commission's rules, we find that ABC Television Network ("ABC") affiliated stations and ABC owned-and-operated stations listed in Attachment A, infra, broadcast indecent material during an episode of the program NYPD Blue on February 25, 2003, in willful violation of 18 U.S.C. S: 1464 and section 73.3999 of the Commission's rules. Based on our review of the facts and circumstances in this case, we conclude that each station is liable for a forfeiture in the amount of $27,500. II. BACKGROUND 2. NYPD Blue was a weekly, hour-long program that ran on the ABC Television Network from 1993 through 2005. The Commission received numerous complaints alleging that certain
• http://transition.fcc.gov/eb/Orders/2008/FCC-08-63A1.html
  • Order, issued pursuant to section 503 of the Communications Act of 1934, as amended, and section 1.80 of the Commission's rules, we find that the FOX Television Network stations listed in Attachment A, infra, broadcast indecent material during an episode of the program "Married By America" on April 7, 2003, in willful violation of 18 U.S.C. S: 1464 and section 73.3999 of the Commission's rules. Based on our review of the facts and circumstances in this case, we conclude that the licensees of these stations are liable for a forfeiture in the amount of $7,000 per station. II. BACKGROUND 2. "Married By America" was a weekly, hour-long "reality-based" program that was carried on the FOX Television Network in the spring of
• http://transition.fcc.gov/eb/Orders/2010/DA-10-103A1.html
  • Former Licensee of Television ) FRN 0010754067 Station KBEH (TV), Oxnard, California ) Facility ID No. 56384 ) CONSENT DECREE 1. The Enforcement Bureau and Bela, LLC, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into alleged violations of Section 1464 of Title 18, United States Code and Section 73.3999 of the Commission's rules, by the broadcast of indecent, profane or obscene material over Station KBEH (TV), Oxnard, California. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order by the Bureau adopting
• http://transition.fcc.gov/eb/Orders/2010/DA-10-103A2.html
  • Consent Decree entered into between the Enforcement Bureau ("Bureau") and Bela TV, LLC ("Bela"), former licensee of Station KBEH (TV), Oxnard, California ("Station"). The Consent Decree resolves and terminates an investigation by the Bureau concerning possible violations by the Station of the restrictions on indecent, profane and obscene programming in Section 1464 of Title 18, United States Code, and Section 73.3999 of the Commission's rules. 2. The Bureau and Bela have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting
• http://transition.fcc.gov/eb/Orders/da001567.doc http://transition.fcc.gov/eb/Orders/da001567.html http://transition.fcc.gov/eb/Orders/da001567.txt
  • Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find Communicast Consultants, Inc. (``CCI''), licensee of Station KRXK(AM), Rexburg, ID, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 503(b)(1)(D) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Background The Commission received information indicating that Station KRXK(AM), Rexburg, ID, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material during a Spanish language call-in talk show on or about January 12, 1999, between 8 a.m. and 10 a.m. Attached is a transcript of those
• http://transition.fcc.gov/eb/Orders/da001951.doc http://transition.fcc.gov/eb/Orders/da001951.html http://transition.fcc.gov/eb/Orders/da001951.txt
  • 99040101 NAL/Acct. No. X32080013 Facility #26649 JJS FORFEITURE ORDER Adopted: August 23, 2000 Released: August 24, 2000 By the Chief, Enforcement Bureau: I. Introduction In this forfeiture order, we impose a six thousand dollar ($6,000) forfeiture against Three Eagles of Columbus, Inc. (``Three Eagles''), licensee of KROR(FM), Hastings, Nebraska. We find that Three Eagles violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On April 28, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against Three Eagles. Three Eagles Broadcasting, Inc., DA 00-951 (released April 28, 2000) (``NAL''). Three Eagles filed its response (``Three Eagles Response'') on May
• http://transition.fcc.gov/eb/Orders/da002041.doc http://transition.fcc.gov/eb/Orders/da002041.html http://transition.fcc.gov/eb/Orders/da002041.txt
  • LIABILITY FOR FORFEITURE Adopted: September 6, 2000 Released: September 7, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Regent Licensee of Flagstaff, Inc. (``Regent''), licensee of Station KZGL(FM), Cottonwood, Arizona, apparently liable for a six thousand dollar ($6,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received complaints concerning a broadcast on KZGL(FM) on August 28, 1999. At issue was a remote broadcast from Images Video, an adult video store in Flagstaff, Arizona. According to the complainants, during this remote broadcast, the station interviewed ``Mila Shegol, Queen of the Nasty,''
• http://transition.fcc.gov/eb/Orders/da002185.doc http://transition.fcc.gov/eb/Orders/da002185.html http://transition.fcc.gov/eb/Orders/da002185.txt
  • LIABILITY FOR FORFEITURE Adopted: September 25, 2000 Released: September 26, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find Citicasters Co. (``Citicasters''), licensee of Station KSJO(FM), San Jose, CA, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Background The Commission received information indicating that Station KSJO(FM), San Jose, CA, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material when it aired a ``joke'' on August 25, 1999, at approximately 1:15 p.m. Attached is a transcript of the ``joke'' that is the subject
• http://transition.fcc.gov/eb/Orders/da002186.doc http://transition.fcc.gov/eb/Orders/da002186.html http://transition.fcc.gov/eb/Orders/da002186.txt
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: September 25, 2000 Released: September 26, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Citicasters Co. (``Citicasters''), licensee of Station KSJO(FM), San Jose, California, apparently liable for a seven thousand dollar ($7,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received a complaint concerning a broadcast during the ``Lamont & Tonelli Show'' on February 9, 2000 at approximately 8:15 a.m. According to the complainant, a guest on the program provided in great detail instructions on how to perform fellatio. A transcript of portions of
• http://transition.fcc.gov/eb/Orders/da002287.doc http://transition.fcc.gov/eb/Orders/da002287.html http://transition.fcc.gov/eb/Orders/da002287.txt
  • LIABILITY FOR FORFEITURE Adopted: October 5, 2000 Released: October 6, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Capstar TX Limited Partnership (``Capstar''), licensee of Station KTXQ(FM), Fort Worth, Texas, apparently liable for a seven thousand dollar ($7,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received a complaint concerning a broadcast during the station's morning show on June 8, 1998 between 6:38 a.m. and 10:00 a.m. We are attaching to this notice a transcript of the relevant portions of the program. By letter dated June 8, 2000, we requested
• http://transition.fcc.gov/eb/Orders/da002313.doc http://transition.fcc.gov/eb/Orders/da002313.html http://transition.fcc.gov/eb/Orders/da002313.txt
  • ) NAL/Acct. No. X32080018 ) Facility No. 12664 ) JJS ) ) FORFEITURE ORDER Adopted: October 11, 2000 Released: October 12, 2000 By the Chief, Enforcement Bureau: Introduction In this forfeiture order, we impose a seven thousand dollar ($7,000) forfeiture against Communicast Consultants, Inc. (``CCI''), licensee of KRXK(AM), Rexburg, Idaho. We find that CCI violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against CCI. Communicast Consultants, Inc., DA 00-1567 (released July 14, 2000) (``NAL''). CCI filed its response on September 7, 2000. Background The Commission received
• http://transition.fcc.gov/eb/Orders/da002724.doc http://transition.fcc.gov/eb/Orders/da002724.html http://transition.fcc.gov/eb/Orders/da002724.txt
  • JWS Holmes Beach, Florida ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: December 1, 2000 Released: December 5, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that CBS Radio License, Inc. (``CBS''), licensee of Station WLLD(FM), Holmes Beach, Florida, has apparently violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that CBS is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint concerning a September 11, 1999, broadcast on WLLD(FM), called
• http://transition.fcc.gov/eb/Orders/da00516.doc http://transition.fcc.gov/eb/Orders/da00516.html http://transition.fcc.gov/eb/Orders/da00516.txt
  • file number listed above. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to Infinity's counsel, H. Anthony Lehv, Esq., Leventhal, Senter, & Lerman PLLC, 2000 K Street, N.W., Suite 600, Washington, DC 20006-1809. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The complaint also alleges that Infinity violated Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, concerning indecent programming. That portion of the complaint will be addressed separately. See ``Transcript of Don and Mike Radio Show'' (Complaint, Exhibit B), p. 3. We need not consider Infinity's argument that the digital delay devices did not ``record'' the conversation because, under the circumstances of this case, we find its broadcast
• http://transition.fcc.gov/eb/Orders/da00951.doc http://transition.fcc.gov/eb/Orders/da00951.html http://transition.fcc.gov/eb/Orders/da00951.txt
  • Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find Three Eagles of Columbus, Inc. (TEC), licensee of Station KROR(FM), Hastings, NE, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 503(b)(1)(D) of the Communications Act of 1934, as amended, (the ``Act'') and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background 2. The Commission received information indicating that Station KROR(FM), Hastings, NE, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material during the "Bob and Tom Show" on February 26, 1999, between 6 a.m. and 9:45 a.m. A transcript of those portions of the
• http://transition.fcc.gov/eb/Orders/fcc0010.doc http://transition.fcc.gov/eb/Orders/fcc0010.html http://transition.fcc.gov/eb/Orders/fcc0010.txt
  • standards for the broadcast medium, sexual or excretory activities or organs." Infinity Broadcasting Corp., 3 FCC Rcd 930 (1987), aff'd in part and remanded in part sub nom. Action For Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988). Indecent material is actionable under the Commission's Rules if it is aired between 6 a.m. and 10 p.m. 47 C.F.R. §73.3999(b). In his original complaint, North alleged that this material was patently offensive as measured by contemporary community standards for the broadcast medium. In support, he asserted that the broadcast medium standards in every community in the United States are and always have been that adult's sexual organs simply not be shown on television in any context. These standards have not
• http://transition.fcc.gov/eb/Orders/fcc0021.doc http://transition.fcc.gov/eb/Orders/fcc0021.html http://transition.fcc.gov/eb/Orders/fcc0021.txt
  • July 22, 1999, we determined that certain material apparently broadcast over WQAM on five days in May 1998 was indecent. Inasmuch as the material was apparently aired between the hours of 10 a.m. and 2 p.m., we concluded that the broadcasts occurred at a time when there was a reasonable risk that children might be in the audience. See Section 73.3999 of the Commission's Rules, 47 C.F.R. Section 73.3999. After considering the circumstances in light of our forfeiture guidelines, which provide a base forfeiture for indecency of $7,000, we proposed a forfeiture of $35,000 for the five days of indecent broadcasts. The licensee has submitted a response, which we address below. 3. Initially, the licensee argues that our definition of indecency
• http://transition.fcc.gov/eb/broadcast/Pleadings/Viacom.pdf
  • Mr. Timberlake performing together. Id. at 14. D. The Commission Issued the NAL Proposing to Levy Maximum Fines on CBS Notwithstanding the Lack of Prior Knowledge The Commission issued the NAL on September 22, 2004, finding CBS apparently liable for violating the statutory prohibition on indecent broadcasts, 18 U.S.C. § 1464, and the FCC rule implementing it, 47 C.F.R. § 73.3999. It proposed a maximum forfeiture of $27,500 on each of the twenty Viacom O&O stations that broadcast the Super Bowl, for a total of $550,000. 11 The NAL concluded that the half-second glimpse of Ms. Jackson's exposed breast during the halftime performance violated the FCC indecency standard, because it constituted a depiction or description of sexual or excretory activities or
• http://transition.fcc.gov/fcc-bin/audio/FCC-01-90A1.doc http://transition.fcc.gov/fcc-bin/audio/FCC-01-90A1.pdf http://transition.fcc.gov/fcc-bin/audio/FCC-01-90A1.txt
  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
• http://transition.fcc.gov/fcc-bin/audio/amfmrule.html
  • of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports. [706]TEXT [707]PDF 73.3617 Information available on the Internet. [708]TEXT [709]PDF 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). [710]TEXT [711]PDF 73.4000 Listing of FCC policies. [712]TEXT [713]PDF 73.4005 Advertising--refusal to sell. [714]TEXT [715]PDF 73.4015 Applications for AM and FM construction permits, incomplete or defective. [716]TEXT [717]PDF 73.4017 Application processing: Commercial FM stations. [718]TEXT [719]PDF 73.4045 Barter agreements. [720]TEXT [721]PDF 73.4050 Children's TV programs. [722]TEXT
• http://transition.fcc.gov/fcc-bin/audio/annual-reports-FRC.html
  • [819]Word ]. Noncommercial educational stations given a temporary exemption from airing commercials in the wake of Hurricane Katrina. December 15, 2004 Letter to Saul Levine, Mount Wilson FM Broadcasters Letter, DA 04-3907, December 15, 2004 [ [820]PDF | [821]Word ]. Petition to amend SDARS (satellite digital audio radio service) rules to include an indecency provision similar to [822]47 CFR Section 73.3999 declined; "subscription-based services do not call into play the issue of indecency." December 4, 2003 Licensee of Noncommercial Educational Station WAAQ(FM), Onsted, MI And Translator Station W214BH, Mount Pleasant, MI MO&O, FCC 03-3864, released December 4, 2003 [ [823]PDF | [824]Word | ]. Impermissible donor and underwriting advertisements in violation of Section 399B of the Communications Act, on a noncommercial
• http://transition.fcc.gov/fcc-bin/audio/legalser.html
  • [819]Word ]. Noncommercial educational stations given a temporary exemption from airing commercials in the wake of Hurricane Katrina. December 15, 2004 Letter to Saul Levine, Mount Wilson FM Broadcasters Letter, DA 04-3907, December 15, 2004 [ [820]PDF | [821]Word ]. Petition to amend SDARS (satellite digital audio radio service) rules to include an indecency provision similar to [822]47 CFR Section 73.3999 declined; "subscription-based services do not call into play the issue of indecency." December 4, 2003 Licensee of Noncommercial Educational Station WAAQ(FM), Onsted, MI And Translator Station W214BH, Mount Pleasant, MI MO&O, FCC 03-3864, released December 4, 2003 [ [823]PDF | [824]Word | ]. Impermissible donor and underwriting advertisements in violation of Section 399B of the Communications Act, on a noncommercial
• http://transition.fcc.gov/mb/audio/decdoc/legalser.html
  • [819]Word ]. Noncommercial educational stations given a temporary exemption from airing commercials in the wake of Hurricane Katrina. December 15, 2004 Letter to Saul Levine, Mount Wilson FM Broadcasters Letter, DA 04-3907, December 15, 2004 [ [820]PDF | [821]Word ]. Petition to amend SDARS (satellite digital audio radio service) rules to include an indecency provision similar to [822]47 CFR Section 73.3999 declined; "subscription-based services do not call into play the issue of indecency." December 4, 2003 Licensee of Noncommercial Educational Station WAAQ(FM), Onsted, MI And Translator Station W214BH, Mount Pleasant, MI MO&O, FCC 03-3864, released December 4, 2003 [ [823]PDF | [824]Word | ]. Impermissible donor and underwriting advertisements in violation of Section 399B of the Communications Act, on a noncommercial
• http://www.fcc.gov/Bureaus/Enforcement/Notices/2000/da000951.doc
  • Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find Three Eagles of Columbus, Inc. (TEC), licensee of Station KROR(FM), Hastings, NE, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 503(b)(1)(D) of the Communications Act of 1934, as amended, (the ``Act'') and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background 2. The Commission received information indicating that Station KROR(FM), Hastings, NE, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material during the "Bob and Tom Show" on February 26, 1999, between 6 a.m. and 9:45 a.m. A transcript of those portions of the
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/abacus_ltr.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/abacus_ltr.html http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/abacus_ltr.txt
  • Armas and the National Latino Media Council. By way of background, your Complaint raised three issues regarding a segment of the ``Don and Mike Show:'' (1) that the broadcast involved a telephone call aired without approval of the called party, in violation of section 73.1206 of the Commission's rules; (2) that the broadcast aired indecent language in violation of section 73.3999(b) of the Commission's rules; and (3) that the broadcast included offensive remarks regarding Hispanics that potentially fomented violence, contrary to the public interest. In this latter regard, you request that the Commission change its policy, described in the Complaint as being that ``only in the most blatant examples of incitement to riot will Commission action be taken, and only after
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da000516.doc
  • file number listed above. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to Infinity's counsel, H. Anthony Lehv, Esq., Leventhal, Senter, & Lerman PLLC, 2000 K Street, N.W., Suite 600, Washington, DC 20006-1809. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The complaint also alleges that Infinity violated Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, concerning indecent programming. That portion of the complaint will be addressed separately. See ``Transcript of Don and Mike Radio Show'' (Complaint, Exhibit B), p. 3. We need not consider Infinity's argument that the digital delay devices did not ``record'' the conversation because, under the circumstances of this case, we find its broadcast
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001567.doc
  • Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find Communicast Consultants, Inc. (``CCI''), licensee of Station KRXK(AM), Rexburg, ID, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 503(b)(1)(D) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Background The Commission received information indicating that Station KRXK(AM), Rexburg, ID, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material during a Spanish language call-in talk show on or about January 12, 1999, between 8 a.m. and 10 a.m. Attached is a transcript of those
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da001951.doc
  • 99040101 NAL/Acct. No. X32080013 Facility #26649 JJS FORFEITURE ORDER Adopted: August 23, 2000 Released: August 24, 2000 By the Chief, Enforcement Bureau: I. Introduction In this forfeiture order, we impose a six thousand dollar ($6,000) forfeiture against Three Eagles of Columbus, Inc. (``Three Eagles''), licensee of KROR(FM), Hastings, Nebraska. We find that Three Eagles violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On April 28, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against Three Eagles. Three Eagles Broadcasting, Inc., DA 00-951 (released April 28, 2000) (``NAL''). Three Eagles filed its response (``Three Eagles Response'') on May
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002041.doc
  • LIABILITY FOR FORFEITURE Adopted: September 6, 2000 Released: September 7, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Regent Licensee of Flagstaff, Inc. (``Regent''), licensee of Station KZGL(FM), Cottonwood, Arizona, apparently liable for a six thousand dollar ($6,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received complaints concerning a broadcast on KZGL(FM) on August 28, 1999. At issue was a remote broadcast from Images Video, an adult video store in Flagstaff, Arizona. According to the complainants, during this remote broadcast, the station interviewed ``Mila Shegol, Queen of the Nasty,''
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002185.doc
  • LIABILITY FOR FORFEITURE Adopted: September 25, 2000 Released: September 26, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find Citicasters Co. (``Citicasters''), licensee of Station KSJO(FM), San Jose, CA, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Background The Commission received information indicating that Station KSJO(FM), San Jose, CA, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material when it aired a ``joke'' on August 25, 1999, at approximately 1:15 p.m. Attached is a transcript of the ``joke'' that is the subject
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002186.doc
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: September 25, 2000 Released: September 26, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Citicasters Co. (``Citicasters''), licensee of Station KSJO(FM), San Jose, California, apparently liable for a seven thousand dollar ($7,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received a complaint concerning a broadcast during the ``Lamont & Tonelli Show'' on February 9, 2000 at approximately 8:15 a.m. According to the complainant, a guest on the program provided in great detail instructions on how to perform fellatio. A transcript of portions of
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002287.doc
  • LIABILITY FOR FORFEITURE Adopted: October 5, 2000 Released: October 6, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Capstar TX Limited Partnership (``Capstar''), licensee of Station KTXQ(FM), Fort Worth, Texas, apparently liable for a seven thousand dollar ($7,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received a complaint concerning a broadcast during the station's morning show on June 8, 1998 between 6:38 a.m. and 10:00 a.m. We are attaching to this notice a transcript of the relevant portions of the program. By letter dated June 8, 2000, we requested
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002313.doc
  • ) NAL/Acct. No. X32080018 ) Facility No. 12664 ) JJS ) ) FORFEITURE ORDER Adopted: October 11, 2000 Released: October 12, 2000 By the Chief, Enforcement Bureau: Introduction In this forfeiture order, we impose a seven thousand dollar ($7,000) forfeiture against Communicast Consultants, Inc. (``CCI''), licensee of KRXK(AM), Rexburg, Idaho. We find that CCI violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against CCI. Communicast Consultants, Inc., DA 00-1567 (released July 14, 2000) (``NAL''). CCI filed its response on September 7, 2000. Background The Commission received
• http://www.fcc.gov/Bureaus/Enforcement/Orders/2001/fcc01090.doc http://www.fcc.gov/Bureaus/Enforcement/Orders/2001/fcc01090.pdf http://www.fcc.gov/Bureaus/Enforcement/Orders/2001/fcc01090.txt
  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
• http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.doc http://www.fcc.gov/Bureaus/Mass_Media/Notices/1999/fcc99390.txt
  • 47 C.F.R. § 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. §§ 303a, 303b, 394. Policies and Rules Concerning Children's Television Programming, Revision, Revision of Programming Policies for Television Broadcast Stations, MM Docket No. 93-48, Report and Order, 11 FCC Rcd 10660 (1996). 18 U.S.C. §1464; 47 C.F.R. § 73.3999. 47 C.F.R. Part 79. 47 C.F.R. § 73.2080. The United States Court of Appeals for the District of Columbia Circuit has declared the some of the Commission's EEO policies and rules unconstitutional, and remanded certain aspects of these policies and rules to the Commission for further consideration. Lutheran Church-Missouri Synod v. FCC, 141 F.3d 344, 393 (1998). As indicated below,
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fc00019a.doc
  • Commission. Section 73.3566-Defective applications. Section 73.3568-Dismissal of applications. Section 73.3584-Procedure for filing petitions to deny. Section 73.3587-Procedure for filing informal objections. Section 73.3588-Dismissal of petitions to deny or withdrawal of informal objections. Section 73.3589-Threats to file petitions to deny or informal objections. Section 73.3591-Grants without hearing. Section 73.3593-Designation for hearing. Section 73.3598-Period of construction. Section 73.3599-Forfeiture of construction permit. Section 73.3999-Enforcement of 18 U.S.C. 1464-restrictions on the transmission of obscene and indecent material. 8. A New Section 73.805 is added, as follows: § 73.805 Availability of channels. Except as provided in Section 73.220 of this Chapter, all of the frequencies listed in Section 73.201of this Chapter are available for LPFM stations. 9. A new Section 73.807 is added, as follows: §73.807
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00010.doc
  • standards for the broadcast medium, sexual or excretory activities or organs." Infinity Broadcasting Corp., 3 FCC Rcd 930 (1987), aff'd in part and remanded in part sub nom. Action For Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988). Indecent material is actionable under the Commission's Rules if it is aired between 6 a.m. and 10 p.m. 47 C.F.R. §73.3999(b). In his original complaint, North alleged that this material was patently offensive as measured by contemporary community standards for the broadcast medium. In support, he asserted that the broadcast medium standards in every community in the United States are and always have been that adult's sexual organs simply not be shown on television in any context. These standards have not
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.doc http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.pdf http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00019.txt
  • at 19-21. Comments of NAB at 75-76. Comments of NLG at 36. Comments of Andrew Morris at 10; Comments of Trident Media at 2; Comments of Gary L. Nixon at 1. See 47 U.S.C. § 309(a). See Report and Order, BC Docket No. 78-253, 51 RR 2d 476 (1982) (Low Power Television R&O). 18 U.S.C. § 1464; 47 C.F.R. § 73.3999 (prohibits broadcasting of indecent material from 6:00 a.m. until 10:00 p.m., hours when children are likely to be in the audience). 47 U.S.C. § 317; 47 C.F.R. § 73.1212. See ¶ 75 for a discussion of political programming rules. 47 C.F.R. §73.1208. 47 C.F.R. § 73.1920. 47 C.F.R. § 73.1201. Comments of UCC, et al., at 3-4; Comments of William
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00021.doc
  • July 22, 1999, we determined that certain material apparently broadcast over WQAM on five days in May 1998 was indecent. Inasmuch as the material was apparently aired between the hours of 10 a.m. and 2 p.m., we concluded that the broadcasts occurred at a time when there was a reasonable risk that children might be in the audience. See Section 73.3999 of the Commission's Rules, 47 C.F.R. Section 73.3999. After considering the circumstances in light of our forfeiture guidelines, which provide a base forfeiture for indecency of $7,000, we proposed a forfeiture of $35,000 for the five days of indecent broadcasts. The licensee has submitted a response, which we address below. 3. Initially, the licensee argues that our definition of indecency
• http://www.fcc.gov/Bureaus/Mass_Media/Orders/2000/fcc00155.doc
  • to support these vague, generalized allegations. Given this lack of particularity and substantiation, we conclude that no action on our part with respect to NBMC's assertions is warranted. Galloway v. FCC, 778 F2d 16, 20 (D.C. Cir. 1985); Hunger in America, 20 FCC 2d 143, 150 (1969). 18 U.S.C. § 1464 is reflected in our rules at 47 C.F.R. § 73.3999. 47 U.S.C. § 310(d); see also, Stockholders of CBS Inc., 11 FCC Rcd 3733, 3739 (1995). See Stockholders of Infinity Broadcasting Corporation, 12 FCC Rcd 5012 (1996). Id., at 5016, Footnote 1. Id.; See also KLUV(FM), 10 FCC Rcd 4517, 4519 (1995); KRTH(FM), 9 FCC Rcd 7112 (1994). See Shareholders of American Radio Systems Corporation, 13 FCC Rcd 12430 (1998).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd000926.html
  • Accounting Policy Division, Common Carrier Bureau. Adopted: September 25, 2000. by Order. (DA No. 00-2182). CCB Internet URL: [11]http://www.fcc.gov/Bureaus/Common_Carrier/Orders/2000/da002182.doc CITICASTERS CO. Issued Notice of Apparent Liability for Forfeiture to Citicasters Company, licensee of KJSO(FM), San Jose, California, in the amount of $7,000 for a violation of 18 U.S.C. Section 1464 and Section 73.9999 of the Commission's rules, 47 C.F.R. Section 73.3999 by broadcasging indecent material. By Notice of Apparent Liability for Forfeiture. Action by Chief, Enforcement Bureau. Adopted: September 25, 2000. (DA No. 00-2186). ENF Internet URL: [12]http://www.fcc.gov/Bureaus/Enforcement/Orders/2000/da002186.doc CITICASTERS COMPANY. Issued a Notice of Apparent Liability for Forfeiture to Citicasters Co., licensee of Station KSJO(FM), San Jose for the amount of $7,000 for a violation of 18 U.S.C. Section 1464 and
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2000/dd001205.html
  • part application for review filed by WGUL-FM, licensee of WINV(AM) and lowered forfeiture to $5,000 for violating rules.. Action by: the Commission. Adopted: 11/29/2000 by MO&O. (FCC No. 00-420). ENF. Contact Jackie Ellington [47]FCC-00-420A1.pdf [48]FCC-00-420A1.doc [49]FCC-00-420A1.txt CBS RADIO LICENSE, INC.. Notified licensee of WLLD(FM), Holmes Beach, FL, of apparent liability for $7,000 forfeiture for an apparent willful violation of section 73.3999 of the Commission's rules, which proscribes the broadcast of indecent material between the hours of 6 a.m. an. Action by: Chief, Enforcement Bureau. Adopted: 12/01/2000 by NALF. (DA No. 00-2724). ENF [50]DA-00-2724A1.pdf [51]DA-00-2724A1.doc [52]DA-00-2724A1.txt MABUHAY PHILIPPINES SATELLITE CORP. Added Mabuhay satellite to Permitted Space Station List.. Action by: Chief Satellite and Radiocommunication Division. Adopted: 12/01/2000 by O&A. (DA No. 00-2649).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2001/dd010302.html
  • Granted the defendant's Motion to Dismiss for Failure to Prosecute. Action by: Deputy Chief, Market Disputes Resolution Division, Enforcement Division. Adopted: 03/01/2001 by ORDER. (DA No. 01-558). ENF [90]DA-01-558A1.pdf [91]DA-01-558A1.doc [92]DA-01-558A1.txt INFINITY RADIO LICENSE, INC.. Imposed a monetary forfeiture in amount of $7,000to Infinity Radio LIcense, Inc. for the broadcasting of indecent material, contrary to 18 U.S.C. 1464 and section 73.3999 of the Commission's rules.. Action by: Chief, Enforcement Bureau. Adopted: 02/28/2001 by Forfeiture Order. (DA No. 01-537). ENF [93]DA-01-537A1.pdf [94]DA-01-537A1.doc [95]DA-01-537A1.txt ADVANCED TELECOM. NETWORK, INC.. Issued Advanced Telecom Network, Inc. a monetary forfeiture in the amount of $46,700 for apparent willful and repeated failures to make required universal service contributions in accordance with 47 U.S.C. 254(d) and 47 C.F.R. 54.706.
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020108.html
  • a complaint filed by Graphnet against AT&T. Action by: The Commission.. Adopted: 12/21/2001 by MO&O. (FCC No. 01-380). EB [38]FCC-01-380A1.doc [39]FCC-01-380A1.pdf [40]FCC-01-380A1.txt CITADEL BROADCASTING COMPANY (CITADEL). Rescinded notice of apparent liability proposing a $7,000 forfeiture issued to Citadel, licensee of station KKMG(FM), Pueblo, CO for broadcasting indecent language in apparent violation of 18 U.S.C. Sec. 1464 and 47 C.F.R. Sec. 73.3999.. Action by: Chief, Enforcement Bureau. Adopted: 01/07/2002 by MO&O. (DA No. 02-23). EB [41]DA-02-23A1.doc [42]DA-02-23A1.pdf [43]DA-02-23A1.txt EMMIS FM LICENSE CORP. (EMMIS). Imposed a $14,000 forfeiture on EMMIS , icensee of WKQX(FM), Chicago, IL for repeated violations of 18 U.S.C. Section 1464 and 47 C.F.R. Section 73.3999, which prohibit the broadcast of indecent material between the hours of 6 a.m. and
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020501.html
  • as amended, and Sections 17.4(a) and 1.89(b) of the Commission's Rules. Action by: Chief, Enforcement Bureau. Adopted: 04/29/2002 by Forfeiture Order. (DA No. 02-986). EB [39]DA-02-986A1.doc [40]DA-02-986A1.pdf [41]DA-02-986A1.txt GA-MEX BROADCASTING, INC. (GA-MEX) AND WAZX-FM, INC.. Found GAMEX and WAZX-FM, Inc. liable for a monetary forfeiture in the amount of $7,000 for violating 18 U.S.C. Section 1464 and 47 C.FR. Section 73.3999 for willfully broadcasting indecent language. Action by: Chief, Enforcement Bureau. Adopted: 04/30/2002 by NALF. (DA No. 02-996). EB [42]DA-02-996A1.doc [43]DA-02-996A1.pdf [44]DA-02-996A1.txt REVIEW OF THE COMMISSION'S BROADCAST AND CABLE EQUAL EMPLOYMENT OPPORTUNITY RULES AND POLICES. Granted Minority Media and Telecommunications Council's Motion for Extension of Reply Comment Deadline until May 29, 2002. Action by: Chief, Media Bureau. Comments Due: 05/29/2002. Adopted:
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020607.html
  • by: Deputy Chief, Consumer & Governmental Affairs Bureau. Adopted: 06/03/2002 by ORDER. (DA No. 02-1326). CGB [47]DA-02-1326A1.doc [48]DA-02-1326A1.pdf [49]DA-02-1326A1.txt INFINITY BROADCASTING OPERATIONS, INC. (INFINITY). Concluded that Infinity is apparently liable for a forefeiture in the amount of $21,000 for willfully and repeatedly broadcasting indecent language on three occasions, in apparent violation of 18 U.S.C. Sec. 1464 and 47 C.F.R. Sec. 73.3999.. Action by: Chief, Enforcement Bureau. Adopted: 06/06/2002 by NAL. (DA No. 02-1336). EB [50]DA-02-1336A1.doc [51]DA-02-1336A1.pdf [52]DA-02-1336A1.txt VARIOUS LOCATIONS. Amended FM Table of Allotments for various locations. Action by: Assistant Chief, Audio Division, OBLP, MB. Adopted: 05/29/2002 by R&O. (DA No. 02-1341). MB [53]DA-02-1341A1.doc [54]DA-02-1341A1.pdf [55]DA-02-1341A1.txt CHESTER AND WESTWOOD, CA. Amended FM Table of Allotments for this community. (Dkt No. 02-42).
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020802.html
  • (3 PUBLIC NOTICES). OMD [16]DOC-224980A1.doc [17]DOC-224980A2.doc [18]DOC-224980A3.doc [19]DOC-224980A1.pdf [20]DOC-224980A2.pdf [21]DOC-224980A3.pdf [22]DOC-224980A1.txt [23]DOC-224980A2.txt [24]DOC-224980A3.txt Report No: CWS-02-75 Released: 08/02/2002. ANTENNA STRUCTURE REGISTRATION SERVICE INFORMATION. WTB [25]DOC-224998A1.pdf [26]DOC-224998A1.txt ----------------------------------------------------------------------- --- TEXTS ----------------------------------------------------------------------- --- RUBBER CITY RADIO GROUP. Found Rubber City liable for forfeiture in the amount of $7,000 for broadcasting apparently indecent material, in violation of 18 U.S.C. section 1464 and section 73.3999 of the Commission's rules. Action by: Chief, Enforcement Bureau. Adopted: 08/01/2002 by NAL. (DA No. 02-1887). EB [27]DA-02-1887A1.doc [28]DA-02-1887A1.pdf [29]DA-02-1887A1.txt WLDI, INC.. Reaffirmed the forfeiture in the amount of $16,8000 for broadcasting indecent material on WCOM(FM), Bayamon, Puerto Rico, in violation of 18 U.S.C. Section 1464 and Section 73.3999 of the Commission's rules.. Action by: Chief, Enforcement Bureau. Adopted: 08/01/2002
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2002/dd020927.html
  • cable television system. Action by: Chief, Technical & Public Safety Division, Enforcement Bureau. Adopted: 09/24/2002 by ORDER. (DA No. 02-2114). EB [83]DA-02-2114A1.doc [84]DA-02-2114A1.pdf [85]DA-02-2114A1.txt ENTERCOM SEATTLE LICENSE, LLC. Issued a monetary forfeiture of $12,000.00 to Entercom, licensee of KNDD(FM), Seattle, WA for willful and repeated broadcasts of indecent material in violation of 18 U.S.C. Section 1464 and 47 C.F.R. Sec. 73.3999. Action by: Chief, Enforcement Bureau. Adopted: 09/26/2002 by Forfeiture Order. (DA No. 02-2402). EB [86]DA-02-2402A1.doc [87]DA-02-2402A1.pdf [88]DA-02-2402A1.txt W.A.T.C.H. TV AND BENTON RIDGE TELEPHONE CO. Granted W.A.T.C.H. TV and Benton Ridge Telephone Co., operator of wireless cable systems in Ohio, a limited 30-day waiver of the requirement in Section 11.11(a) of the Rules. Action by: Chief, Technical and Public Safety Division,
• http://www.fcc.gov/Daily_Releases/Daily_Digest/2003/dd031208.html
  • fully and accurately the material terms of a contest. Action by: Chief, Enforcement Bureau. Adopted: 12/05/2003 by NALF. (DA No. 03-3887). EB [24]DA-03-3887A1.doc [25]DA-03-3887A1.pdf [26]DA-03-3887A1.txt INFINITY BROADCASTING OPERATIONS, INC., LICENSEE OF STATION WKRK-FM, DETROIT, MI. The Commission imposed a monetary forfeiture of $27,500 against Infinity for broadcasting indecent language, in violation of 18 U.S.C. Section 1464 and 47 C.F.R Section 73.3999. Action by: the Commission. Adopted: 11/24/2003 by Forfeiture Order. (FCC No. 03-302). EB [27]FCC-03-302A1.doc [28]FCC-03-302A2.doc [29]FCC-03-302A3.doc [30]FCC-03-302A4.doc [31]FCC-03-302A5.doc [32]FCC-03-302A6.doc [33]FCC-03-302A1.pdf [34]FCC-03-302A2.pdf [35]FCC-03-302A3.pdf [36]FCC-03-302A4.pdf [37]FCC-03-302A5.pdf [38]FCC-03-302A6.pdf [39]FCC-03-302A1.txt [40]FCC-03-302A2.txt [41]FCC-03-302A3.txt [42]FCC-03-302A4.txt [43]FCC-03-302A5.txt [44]FCC-03-302A6.txt APPLICATION OF ECHOSTAR KUX CORPORATION FOR AUTHORITY TO CONSTRUCT, LAUNCH, AND OPERATE TWO EXTENDED KU-BAND COMMUNICATION SATELLITE AND ONE SPARE SATELLITE. Returned this application as defective, without prejudice to
• http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.doc http://www.fcc.gov/Speeches/Kennard/Statements/2001/stwek106.pdf
  • §§ 312(a)(7), 315; 47 C.F.R. § 73.1941 (equal opportunities); 47 C.F.R. § 73.1942 (candidate rates), 47 C.F.R. § 73.1944 (reasonable access). Children's Television Act of 1990, Pub. L. No. 101-437, 104 Stat. 996-1000, codified at 47 U.S.C. §§ 303a, 303b, 394; 47 C.F.R. 73.670 (advertising), 47 C.F.R. § 73.671 (educational and informational programming). 18 U.S.C. § 1464; 47 C.F.R. § 73.3999. 47 C.F.R. § 73.2080. 47 C.F.R. Part 79. 47 U.S.C. § 336(d) (``Nothing in this section shall be construed as relieving a television broadcast station from its obligation to serve the public interest, convenience, and necessity.''). See also Advanced Television Systems and Their Impact Upon the Existing Television Broadcast Service, MM Docket No. 87-268, Fifth Report & Order, 12 FCC
• http://www.fcc.gov/eb/News_Releases/DOC-239475A1.html
  • INDECENCY RULES Washington, D.C. - Today, the Commission issued a Notice of Apparent Liability for Forfeiture against AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WWDC-FM, Washington, D.C., for apparently willfully and repeatedly broadcasting indecent material between the hours of 6 a.m. to 10 p.m. on May 7 and 8, 2002, in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's Rules. The Commission proposed a monetary penalty against AMFM for the maximum statutory amount of $27,500 for each separate broadcast, for a total of $55,000. The Commission based its action on complaints concerning material broadcast over Station WWDC-FM during the May 7 and 8, 2002, ``Elliot in the Morning'' programs. The complaints alleged that, on May 7,
• http://www.fcc.gov/eb/News_Releases/DOC-248237A1.html
  • $1.75 million Consent Decree with Clear Channel Communications, Inc., and its subsidiaries (Clear Channel) to resolve investigations into whether Clear Channel stations had broadcast obscene, indecent, or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Clear Channel admits that some of the material it broadcast was indecent, in violation of 47 C.F.R. 73.3999. In addition to the $1.75 million payment to the U.S. Treasury, Clear Channel has also committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves all pending Notices of Apparent Liability, Enforcement Bureau investigations, and third-party complaints against Clear Channel for possible violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. The pending Notices
• http://www.fcc.gov/eb/News_Releases/DOC-250911A1.html
  • The Federal Communications Commission today entered into a $300,000 Consent Decree with Emmis Communications Corporation (``Emmis'') to resolve investigations into whether Emmis stations had broadcast obscene, indecent, or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Emmis admits that some of the material it broadcast was indecent, in violation of 47 C.F.R. 73.3999. In addition to the $300,000 payment to the U.S. Treasury, Emmis has also committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves all pending Forfeiture Orders, Enforcement Bureau investigations, and third-party complaints against Emmis for possible violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. The pending Forfeiture Orders covered by the Consent
• http://www.fcc.gov/eb/News_Releases/DOC-254596A1.html
  • subsidiaries to resolve investigations into whether Viacom broadcast stations, as well as non-Viacom owned affiliates of the CBS Television Network and UPN, had aired obscene, indecent, and/or profane material in violation of the Communications Act and Commission rules. As part of the agreement, Viacom admits that some of the material that it broadcast was indecent, in violation of 47 C.F.R. 73.3999. In addition to the $3.5 million payment to the U.S. Treasury, Viacom has committed to implementing a company-wide Compliance Plan aimed at preventing future violations. The Consent Decree resolves pending Notices of Apparent Liability, Forfeiture Orders, Enforcement Bureau investigations, and third-party complaints for possible violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999 except for the $550,000 NAL released September
• http://www.fcc.gov/eb/Orders/2001/da01111.doc http://www.fcc.gov/eb/Orders/2001/da01111.html
  • WZEE(FM), ) JWS Madison, Wisconsin ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 16, 2001 Released: January 18, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Capstar TX Limited Partnership (``Capstar''), licensee of Station WZEE(FM), Madison, Wisconsin, has apparently violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Capstar is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint concerning a September 8, 2000, broadcast on WZEE(FM), called
• http://www.fcc.gov/eb/Orders/2001/da011194.doc http://www.fcc.gov/eb/Orders/2001/da011194.html
  • Station WCOM(FM), ) Bayamon, Puerto Rico ) Facility ID # 54471 FORFEITURE ORDER Adopted: May 9, 2001 Released: May 11, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION In this Order, we impose a forfeiture of $16,800 on WLDI, Inc. (``WLDI''), licensee of Station WCOM(FM), Bayamon, Puerto Rico, for willful and repeated violations of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. This action is taken pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). BACKGROUND On October 1, 1999, Chancellor Media Corporation, owner of WLDI, filed with the Commission an application to transfer control of WLDI to the Spanish Broadcasting System of Puerto Rico (``SBS''). WCOM(FM) broadcast the allegedly indecent material
• http://www.fcc.gov/eb/Orders/2001/da011212.doc http://www.fcc.gov/eb/Orders/2001/da011212.html
  • ) Station KBOO-FM, Portland, OR ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 14, 2001 Released: May 17, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that The KBOO Foundation, licensee of noncommercial Station KBOO-FM, Portland, Oregon, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that The KBOO Foundation is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint alleging that KBOO-FM broadcast indecent material on October 20, 1999 between 7:00 p.m. and 9:00
• http://www.fcc.gov/eb/Orders/2001/da011334.doc http://www.fcc.gov/eb/Orders/2001/da011334.html
  • of Station KKMG(FM), ) Pueblo, Colorado ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: May 31, 2001 Released: June 1, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citadel Broadcasting Company (``Citadel''), licensee of Station KKMG(FM), Pueblo, Colorado, has apparently violated 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Citadel is apparently liable for a monetary forfeiture in the amount of Seven Thousand Dollars ($7,000.00). II. BACKGROUND 2. The Commission received a complaint dated July 18, 2000, concerning repeated broadcasts of
• http://www.fcc.gov/eb/Orders/2001/da01338.doc http://www.fcc.gov/eb/Orders/2001/da01338.html
  • 200132080018 ) ID # 54471 ) CMW ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: February 8, 2001 Released: February 8, 2001 By the Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find that WLDI, Inc., licensee of Station WCOM(FM), Bayamon, Puerto Rico, has apparently willfully and repeatedly violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Based on our review of the facts and circumstances in this case, we conclude that WLDI, Inc. is apparently liable for a forfeiture in the amount of twenty one thousand dollars ($21,000). Background The Commission received a complaint alleging that Station WCOM(FM), Bayamon, Puerto Rico, broadcast indecent material
• http://www.fcc.gov/eb/Orders/2001/da01537.doc http://www.fcc.gov/eb/Orders/2001/da01537.html
  • WLLD(FM), ) JWS Holmes Beach, Florida ) FORFEITURE ORDER Adopted: February 28, 2001 Released: March 2, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we impose a forfeiture of $7,000 on Infinity Radio License, Inc. (``Infinity''), licensee of Station WLLD(FM), Holmes Beach, Florida, for a willful violation of 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. This action is taken pursuant to 47 U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4). II. BACKGROUND 2. By Notice of Apparent Liability, DA 00-2724, released December 5, 2000 (``NAL''), we determined that certain material apparently broadcast over WLLD(FM) on September 11, 1999, was indecent. After considering the context, we opined that the language from two discrete excerpts from the
• http://www.fcc.gov/eb/Orders/2001/da01792.doc http://www.fcc.gov/eb/Orders/2001/da01792.html
  • LIABILITY FOR FORFEITURE Adopted: March 29, 2001 Released: March 30, 2001 By the Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find that Telemundo of Puerto Rico License Corp. (``Telemundo''), licensee of Station WKAQ-TV, San Juan, Puerto Rico, has broadcast indecent material in apparent willful and repeated violation of 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999. Based on our review of the facts and circumstances in this case, we conclude that Telemundo is apparently liable for a forfeiture in the amount $21,000. Background The Commission received a complaint alleging that Station WKAQ-TV, San Juan, Puerto Rico, broadcast indecent material during the Spanish language program ``No te Duermas'' on
• http://www.fcc.gov/eb/Orders/2001/da01812.doc http://www.fcc.gov/eb/Orders/2001/da01812.html
  • ) Fort Worth, Texas ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 30, 2001 Released: April 3, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Citicasters Co. (``Citicasters''), licensee of Station KEGL(FM), Fort Worth, Texas, has apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Citicasters is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received a complaint dated August 6, 2000, concerning broadcasts that aired on KEGL on May 30, May 31,
• http://www.fcc.gov/eb/Orders/2001/da01870.doc http://www.fcc.gov/eb/Orders/2001/da01870.html
  • Chicago, Illinois ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: April 5, 2001 Released: April 6, 2001 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that Emmis FM License Corp. of Chicago (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and repeatedly broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received complaints dated March 20, 2000 and May 15, 2000, concerning broadcasts that aired on WKQX on the
• http://www.fcc.gov/eb/Orders/2001/fcc01090.doc http://www.fcc.gov/eb/Orders/2001/fcc01090.html
  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
• http://www.fcc.gov/eb/Orders/2002/DA-02-1336A1.html
  • Facility ID # 25442 ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 6, 2002 Released: June 7, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Operations, Inc., (``Infinity''), licensee of Station WNEW(FM), New York, New York, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent language on three occasions. Based upon our review of the facts and circumstances in this case, we conclude that Infinity is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND 2. The Commission received two complaints alleging that WNEW(FM) broadcast indecent material during the ``Opie and Anthony Show,''
• http://www.fcc.gov/eb/Orders/2002/DA-02-1502A1.html
  • ) Facility ID # 19525 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: June 27, 2002 Released: June 28, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint that WKQX(FM) broadcast indecent material on March 12, 2001 between 8:00 a.m. and 8:10 a.m. during the
• http://www.fcc.gov/eb/Orders/2002/DA-02-1503A1.html
  • may regulate such material only with due respect for the high value our Constitution places on freedom and choice in what people say and hear.''). See also United States v. Playboy Entertainment Group, Inc., 529 U.S. 803, 813-15 (2000). 6 Public Telecommunications Act of 1992, Pub. L. No. 356, 102nd Cong., 2nd Sess. (1992); ACT III. 7 See 47 C.F.R. 73.3999. 8 Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), aff'd sub nom. FCC v. Pacifica Foundation, 438 U.S. 726 (1978)). 9 In FCC v. Pacifica Foundation, the Supreme Court quoted the Commission's definition of indecency with apparent approval. FCC v. Pacifica Foundation, 438 U.S. at 732.
• http://www.fcc.gov/eb/Orders/2002/DA-02-1883A1.html
  • of the statute.6 However, the First Amendment is a critical constitutional limitation that demands we proceed cautiously and with appropriate restraint.7 Consistent with a subsequent statute and case law,8 under the Commission's rules, no radio or television licensee shall broadcast obscene material at any time, or broadcast indecent material during the period 6 a.m. through 10 p.m. See 47 C.F.R. 73.3999. 5. In enforcing its indecency rule, the Commission has defined indecent speech as language that first, in context, depicts or describes sexual or excretory organs or activities. Second, the broadcast must be ``patently offensive as measured by contemporary community standards for the broadcast medium.'' Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing Pacifica Foundation,
• http://www.fcc.gov/eb/Orders/2002/DA-02-1887A1.html
  • # 43873 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: August 1, 2002 Released: August 2, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Rubber City Radio Group of Akron, Ohio (``Rubber City''), licensee of Station WONE- FM, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Rubber City is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint that WONE-FM broadcast indecent material on November 29, 2001, at 8:30 a.m. during the ``Morning Show''
• http://www.fcc.gov/eb/Orders/2002/DA-02-1888A1.html
  • Communications Commission, EB Docket No. EB-00-IH-0014a (Dec. 11, 2000). In the letter, SBS reserved the right to challenge the Commission's staff conclusion that it is or was responsible for the allegedly indecent broadcasts in October 1999. 4 WLDI, Inc., EB-00-IH-0014a, Notice of Apparent Liability, 16 FCC Rcd 3011 (Enf. Bur. 2001) (``NAL''). 5 NAL at 8; see also 47 C.F.R. 73.3999 6 See WLDI, Inc., EB-00-IH-0014a, Forfeiture Order, DA 01-1194 (rel. May 11, 2001) (``Forfeiture Order''). 7 See WLDI, Inc., Licensee of Station WCOM(FM), Bayamon, Puerto Rico, Petition for Reconsideration of Forfeiture Order, EB-00-IH-0014a (filed June 11, 2001) (``Petition''). WLDI, Inc.'s filed the Petition pursuant to Section 1.106(a) of the Commission's Rules, 47 C.F.R. 1.106. 8 See EZ Sacramento, Inc., Memorandum
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  • ) Facility ID # 34530 ) ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: January 25, 2002 Released: January 28, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Entercom is apparently liable for a forfeiture in the amount of fourteen thousand dollars ($14,000). II. BACKGROUND 2. The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30, 31 and June 1, 2001. The complainant
• http://www.fcc.gov/eb/Orders/2002/DA-02-23A1.html
  • of Station KKMG(FM), ) Pueblo, Colorado ) MEMORANDUM OPINION AND ORDER Adopted: January 7, 2002 Released: January 8, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we rescind the Notice of Apparent Liability (``NAL'') in which we found that Citadel Broadcasting Company (``Citadel''), licensee of Station KKMG(FM), Pueblo, Colorado, apparently violated 18 U.S.C. 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. 73.3999, by willfully broadcasting apparently indecent language.1 Having reviewed Citadel's response and having again reviewed the relevant case law, we disagree with our initial analysis and we now conclude that the material at issue was not patently offensive under contemporary community standards for the broadcast medium. Accordingly, we conclude that the licensee did not
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  • By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny the petition for reconsideration filed April 2, 2001, by Infinity Radio License, Inc. (``Infinity''), licensee of Station WLLD(FM), Holmes Beach, Florida. Infinity seeks reconsideration of a Forfeiture Order, which imposed a $7,000 forfeiture for a willful violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material. Infinity Radio License, Inc., 16 FCC Rcd 4825 (Enforcement Bureau 2001) (``Forfeiture Order'') 2. Reconsideration is appropriate only where the petitioner either shows a material error or omission in the original order or raises additional facts not known or not existing until after the petitioner's last opportunity to present such matters. WWIZ, Inc.,
• http://www.fcc.gov/eb/Orders/2002/DA-02-2401A1.html
  • the petition for reconsideration filed on February 7, 2002 by Emmis Radio License Corporation (``Emmis''). Emmis seeks reconsideration of Emmis FM License Corp. of Chicago, 17 FCC Rcd 493 (Enf. Bur. 2002) (``Forfeiture Order''), which imposed a forfeiture of $14,000 on Emmis, licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. 2. In the Forfeiture Order, we determined that uncontradicted information provided by a complainant established that Emmis broadcast indecent material on two occasions. In making this finding we found that ``the excerpts are significant enough, when viewed in combination with the descriptions provided by the complainant and the lack of contradiction by Emmis,2 to be consistent with our practice.'' Forfeiture
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  • KNDD(FM), ) Facility ID #34530 Seattle, Washington ) FORFEITURE ORDER Adopted: September 26, 2002 Released: September 27, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $12,000 on Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material at certain times of day. We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). II. BACKGROUND 2. The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30, 2001 and on June 1, 2001. The complainant described the material broadcast, which, the complainant alleged, concerned whether a
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  • Facility ID #19525 Chicago, Illinois ) FORFEITURE ORDER Adopted: January 7, 2002 Released: January 8, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $14,000 on Emmis FM License Corp. of Chicago (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). II. BACKGROUND 2. The Commission received letters dated March 20, 2000, and May 15, 2000, complaining about material aired on Station WKQX(FM) on each of those dates during the ``Mancow Morning Madhouse'' (``Mancow'') program. The March complaint alleged that the station broadcast a conversation between 8:13 a.m.
• http://www.fcc.gov/eb/Orders/2002/DA-02-2937A1.html
  • ) Facility ID # 19525 Chicago, Illinois ) FORFEITURE ORDER Adopted: October 31, 2002 Released: November 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $21,000 on Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material at certain times of day. We take this action pursuant to 47 U.S.C. 503(b)(1)(D) and 47 C.F.R. 1.80(f)(4). II. BACKGROUND 2. The Commission received complaints that WKQX(FM) broadcast indecent material on March 6, 2001, March 7, 2001 and May 17, 2001 between 8:00 a.m. and 9:00 a.m. during the ``Mancow's Morning Madhouse'' (``Mancow'')
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  • 18720 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: December 12, 2002 Released: December 13, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Edmund Dinis, licensee of Station WJFD(FM), New Bedford, Massachusetts, and former licensee of Station WSPR(AM) Springfield, Massachusetts, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent programming on Station WSPR(AM) on four occasions.1 Based upon our review of the facts and circumstances in this case, we conclude that Mr. Dinis is apparently liable for a forfeiture in the amount of twenty-two thousand four hundred dollars ($22,400). II. BACKGROUND 2. We received a complaint on January 30, 2001 that alleged that Station WSPR(AM)
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  • FRN 0001-5293-46 ) Facility ID # 19525 NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: March 20, 2002 Released: March 21, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Emmis Radio License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent language on three occasions. See Attachment. Based upon our review of the facts and circumstances in this case, we conclude that Emmis is apparently liable for a forfeiture in the amount of twenty-one thousand dollars ($21,000). II. BACKGROUND 2. The Commission received complaints that WKQX(FM) broadcast indecent material on March 6, 2001, March 7,
• http://www.fcc.gov/eb/Orders/2002/DA-02-996A1.html
  • FORFEITURE Adopted: April 30, 2002 Released: May 1, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that GA-MEX Broadcasting, Inc., licensee of station WAZX(AM), Smyrna, Georgia and WAZX-FM, Inc., licensee of station WAZX(FM), Cleveland, Georgia (collectively referred to as ``WAZX''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999 by willfully broadcasting indecent language.1 Based upon our review of the facts and circumstances in this case, we conclude that WAZX is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint alleging that WAZX broadcast indecent material during the Spanish-language call-in talk show ``el Manero'' on April 6,
• http://www.fcc.gov/eb/Orders/2002/FCC-02-141A1.html
  • the Commission's definition of ``indecent.'' See Action for Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988); Action for Children's Television v. FCC, 932 F.2d 1504 (D.C. Cir. 1991), cert. denied, 112 S. Ct. 1282 (1992); Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), cert. denied, 116 S. Ct. 701 (1996). 14 See 47 C.F.R. 73.3999; Industry Guidance of the Commission's Case Law Interpreting 18 U.S.C. 1464 and Enforcement Policies Regarding Broadcast Indecency, Policy Statement, 16 FCC Rcd 7999 (2001). 15 Our policy states that a complaint ``must generally include a full or partial tape or transcript or significant excerpts of the program.'' See id. Notably, many in the industry (such as the licensee in this
• http://www.fcc.gov/eb/Orders/2003/DA-03-2626A1.html
  • 410 City Avenue, Suite 409, Bala Cynwyd, Pennsylvania 19004. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau _________________________ 1 47 C.F.R. 0.111, 0.311, 0.459(c) and (d)(2). 2 See Memorandum from Brian M. Madden, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003 (``Confidentiality Request''). 3 See 18 U.S.C. 1464; 47 C.F.R. 73.3999. 4 Letter from Maureen F. Del Duca, Investigations and Hearings Division, Enforcement Bureau, to Entercom Portland License, LLC (DE), dated May 28, 2003, (``letter'') at 4. 5 See Letter from Brian M. Madden, Esq., Dennis P. Corbett, Esq. and Jean W. Benz, Esq., Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. 6
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  • expression.5 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 6 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act,8 upon a finding that a licensee has broadcast indecent material in violation of 18
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  • ) Station KBOO-FM, Portland, OR ) MEMORANDUM OPINION AND ORDER Adopted: February 20, 2003 Released: February 20, 2003 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Order, we rescind the Notice of Apparent Liability (``NAL'') in this proceeding, which found that The KBOO Foundation, licensee of noncommercial Station KBOO-FM, Portland, Oregon, apparently violated 18 U.S.C. 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. 73.3999, by willfully broadcasting indecent language.1 Based on our review of The KBOO Foundation's response and supplemental response to the NAL, we conclude that the licensee did not violate the applicable statute or the Commission's indecency rule, and that no sanction is warranted. II. BACKGROUND 2. The Commission received a complaint alleging that KBOO-FM
• http://www.fcc.gov/eb/Orders/2003/FCC-03-233A1.html
  • for Forfeiture (``NAL''), issued pursuant to section 503 of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules,1 we grant complaints from Reverend Michael G. Taylor and from Catherine P. Henry2 and find that AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WWDC-FM, Washington, DC, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the station during its May 7 and 8, 2002, broadcasts of the ``Elliott in the Morning'' program. Based upon our review of the facts and circumstances in this case, we conclude that AMFM is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The
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  • of indecent material.5 Based upon our review of the facts and circumstances of this case, we conclude that Infinity Broadcasting and the above-captioned affiliated licensees (collectively ``Infinity'') are apparently liable for a monetary forfeiture in the amount of Three Hundred Fifty-Seven Thousand Five Hundred Dollars ($357, 500.00) for broadcasting indecent material in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules over the above-captioned 13 stations. II. BACKGROUND 2. The complainants allege, and Infinity does not dispute, that Station WNEW(FM) aired the ``Opie & Anthony Show,'' on August 15, 2002, during which the hosts conducted a contest entitled ``Sex for Sam'' which involved participants having sex in ``risky locations'' throughout New York City, including St. Patrick's Cathedral,6
• http://www.fcc.gov/eb/Orders/2003/FCC-03-300A1.html
  • and 1.115. 2 See Application for Review filed on behalf of Entercom Portland License, LLC by Brian M. Madden, Esquire, Dennis P. Corbett, Esquire, David S. Keir, Esquire, and Jean W. Benz, Esquire, dated August 18, 2003 (``Application for Review''). 3 Entercom Portland License, LLC, 18 FCC Rcd 16386 (EB 2003) (``Bureau Order''). 4 See 18 U.S.C. 1464; 47 C.F.R. 73.3999. 5 Letter from Maureen F. Del Duca, Investigations and Hearings Division, Enforcement Bureau, to Entercom Portland License, LLC (DE), dated May 28, 2003, (``letter'') at 4. 6 See Letter from Brian M. Madden, Esquire, Dennis P. Corbett, Esquire, and Jean W. Benz, Esquire, Leventhal Senter & Lerman PLLC, to Investigations and Hearings Division, Enforcement Bureau, dated July 11, 2003. 7
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  • concurring and issuing a separate statement, and Commissioner Copps dissenting and issuing separate statements. I. INTRODUCTION 1. In this order, we impose a monetary forfeiture of twenty-seven thousand five hundred dollars ($27,500) against Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, for the willful broadcast of indecent language, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. II. BACKGROUND 2. In response to a complaint, we issued a Notice of Apparent Liability (``NAL'') on April 3, 2003.1 We found the material broadcast, attached hereto in the Appendix, to be apparently indecent. In particular, applying the standards described in the Commission's Indecency
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  • graphic, lewd and offensive nature of this broadcast, I would have applied the statutory maximum fine for each call, for a total of $247,500. _________________________ 1 See 18 U.S.C. 1864 (``Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both''), 47 C.F.R. 73.3999 (``No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent''). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-302A6.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-03-302A6.doc
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  • FORFEITURE Adopted: March 28, 2003 Released: April 3, 2003 By the Commission: Commissioner Copps dissenting and issuing a statement; Commissioners Martin and Adelstein issuing separate statements. I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that Infinity Broadcasting Operations, Inc., (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999 by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that Infinity is apparently liable for a forfeiture in the amount of twenty-seven thousand five hundred dollars ($27,500). II. BACKGROUND 2. The Commission received a complaint alleging that WKRK- FM broadcast indecent material during the ``Deminski & Doyle Show,'' on January
• http://www.fcc.gov/eb/Orders/2004/DA-04-386A1.html
  • section 1.80 of the Commission's rules,1 we impose a monetary forfeiture of Seven Thousand Dollars ($7,000.00) on Emmis FM License Corporation (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, for the willful broadcast of indecent material over the station during its March 12, 2001, broadcast of the ``Mancow's Morning Madhouse'' (``Mancow'') program, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. II. BACKGROUND 2. The Commission received a complaint that Station WKQX(FM) broadcast indecent material on March 12, 2001, between 8:00 and 8:10 a.m. during the Mancow program.2 In support of the complaint, the complainant submitted an audio tape of the broadcast.3 The complainant specifically identified a song, ``Smell My Finger,'' that had been broadcast during the Mancow program. 3. After
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  • amended (the ``Act''),1 and section 1.106 of the Commission's rules,2 we deny a Petition for Reconsideration filed on December 2, 2002, by Emmis Radio License Corporation, (``Emmis''), licensee of Station WKQX(FM), Chicago, Illinois, of a Forfeiture Order3 imposing a Twenty- One Thousand Dollar ($21,000.00) monetary forfeiture penalty against it for willful and repeated violations of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules, the latter of which prohibits the broadcast of indecent material during the period from 6 a.m. through 10 p.m. Specifically, in the Forfeiture Order, we found that the complained-of material broadcast over Station WKQX(FM) on March 6, 7 and May 17, 2001, during the ``Mancow's Morning Madhouse'' (``Mancow'') program met the Commission's indecency definition, and thus
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  • we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Clear Channel relating to restrictions on the broadcast of obscene, indecent or profane material. 4. Based on the record before us, in particular Clear Channel's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. 73.3999, the significant remedial efforts that Clear Channel has already taken and the additional remedial efforts to which Clear Channel has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Clear Channel possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations.
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  • federal restrictions regarding the broadcast of indecent material.2 Based upon our review of the facts and circumstances of this case, we conclude that Young is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the statutory maximum in this context, for broadcasting indecent material in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND 2. The Enforcement Bureau (``Bureau'') received a complaint alleging that Station KRON-TV aired indecent material during the ``KRON 4 Morning News'' show on October 4, 2002, at approximately 8:25 a.m.3 Specifically, the complainant stated that the show's hosts interviewed performers with the stage production of ``Puppetry of the Penis,'' who appeared in capes but
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  • I. INTRODUCTION 1. In this Notice of Apparent Liability For Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules,1 we find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the captioned stations during the July 19, November 14, 19, 26 and 27 and December 27, 2001, broadcasts of the ``Bubba the Love Sponge'' program. Furthermore, we find that they each appear to have failed to maintain copies of certain required documents in the public inspection files of each of their respective
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  • a total indecency fine significantly higher than that proposed (it appears there were at least 49 indecency violations, for a total forfeiture exceeding $1,000,000). _________________________ 1 See 18 U.S.C. 1864 (``Whoever utters any obscene, indecent, or profane language by means of radio communication shall be fined under this title or imprisoned not more than two years, or both''), 47 C.F.R. 73.3999 (``No licensee of a radio or television broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. any material which is indecent''). References 1. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-17A4.pdf 2. http://hraunfoss.fcc.gov/edocs_public/attachmatch/FCC-04-17A4.doc
• http://www.fcc.gov/eb/Orders/2004/FCC-04-196A1.html
  • expression.4 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 5 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case,6 shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 A. Indecency Analysis 4. Any consideration of government action against allegedly indecent programming must take into account the fact that
• http://www.fcc.gov/eb/Orders/2004/FCC-04-197A1.html
  • of expression.4 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''5 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case,6 shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act,8 upon a finding that the licensee
• http://www.fcc.gov/eb/Orders/2004/FCC-04-198A1.html
  • 2002, Application for Review.2 In its Application for Review, Infinity sought review of a Memorandum Opinion and Order3 issued by the Chief, Enforcement Bureau (``Bureau''), which denied Infinity's Petition for Reconsideration of a Forfeiture Order4 that imposed a monetary forfeiture in the amount of Seven Thousand Dollars ($7,000.00) against it for willful violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, the latter of which prohibits the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. The facts and circumstances resulting in the forfeiture are discussed at length in the 2004 Commission MO&O and Bureau orders noted above and will not be repeated here. In its Petition, Infinity repeats arguments previously made in this proceeding and advances
• http://www.fcc.gov/eb/Orders/2004/FCC-04-199A1.html
  • Consent Decree, we find that the public interest would be served by approving the Consent Decree and terminating all pending proceedings against Emmis relating to restrictions on the broadcast of obscene, indecent or profane material. 4. Based on the record before us, in particular Emmis's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. 73.3999, and the remedial efforts to which Emmis has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Emmis possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i), 4(j), and 503(b) of
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  • of the Viacom Stations, is apparently liable for a monetary forfeiture in the aggregate amount of Five Hundred Fifty Thousand Dollars ($550,000.00), which represents the statutory maximum of $27,500 for each Viacom Station that broadcast the material. We propose the forfeiture for the broadcast over the Viacom Stations of indecent material, in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules.5 Although we conclude that the non-Viacom-owned CBS Affiliate stations also aired this programming, for the reasons discussed herein, we decline to propose a monetary forfeiture or other sanction against the licensees of those stations. II. BACKGROUND 2. During the days and weeks that followed the February 1, 2004, Super Bowl broadcast, the Commission received an unprecedented
• http://www.fcc.gov/eb/Orders/2004/FCC-04-224A1.html
  • Liability for Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules,1 we find that Entercom Sacramento License, LLC (``Entercom''), licensee of Station KRXQ(FM), Sacramento, California, broadcast indecent material on two separate occasions, in apparent willful and repeated violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. Based upon our review of the facts and circumstances in this case, we conclude that Entercom is apparently liable for a forfeiture in the maximum amount of Fifty-Five Thousand Dollars ($55,000). II. BACKGROUND 2. This proceeding arises out of a series of written complaints from a listener alleging that Station KRXQ(FM) broadcast indecent material during segments of the ``Rob, Arnie
• http://www.fcc.gov/eb/Orders/2004/FCC-04-225A1.html
  • I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we grant two complaints2 and find that WQAM License Limited Partnership (``WQAM''), licensee of Station WQAM(AM), Miami, Florida, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the station on September 9 and 10, 2003. Based upon our review of the facts and circumstances in this case, we conclude that WQAM is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The Commission received complaints alleging that Station WQAM(AM) aired indecent
• http://www.fcc.gov/eb/Orders/2004/FCC-04-226A1.html
  • petition for reconsideration filed by Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, of a Memorandum Opinion and Order (``Reconsideration Order'')1 denying reconsideration of a Forfeiture Order (``Infinity Forfeiture Order'')2 assessing a monetary forfeiture in the amount of $27,500 against Infinity for the willful broadcast of indecent material in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. We also dismiss the Petition to Intervene and for a Rehearing filed by Carl E. Person, seeking reconsideration of the Infinity Forfeiture Order and the Reconsideration Order.3 2. Infinity for the fourth time in this proceeding asserts its argument that the Commission's indecency standard
• http://www.fcc.gov/eb/Orders/2004/FCC-04-231A1.html
  • Liability For Forfeiture (``NAL''), issued pursuant to Section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and Section 1.80 of the Commission's rules,1 we find that Entercom Kansas City License, LLC, and Entercom Wichita License, LLC (collectively ``Entercom''),2 licensees of Stations KQRC-FM, Leavenworth, Kansas, and KFH(AM), Wichita, Kansas, respectively, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material during the April 4, April 29, May 2, and May 3, 2002, broadcasts of the ``Dare and Murphy Show.'' Based upon our review of the facts and evidence before us, each of the above-captioned licensees is apparently liable for a monetary forfeiture in the amount of One Hundred Ten Thousand Dollars ($110,000), the
• http://www.fcc.gov/eb/Orders/2004/FCC-04-235A1.html
  • of expression.5 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''6 In addition, section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and, consistent with a subsequent statute and court case,7 shall not broadcast indecent material during the period 6 a.m. through 10 p.m.8 A.Indecency Analysis 4.Any consideration of government action against allegedly indecent programming must take into account the fact that such speech
• http://www.fcc.gov/eb/Orders/2004/FCC-04-242A1.html
  • authority to enforce statutory and regulatory provisions restricting indecency and obscenity. Specifically, it is a violation of federal law to broadcast obscene or indecent programming. Title 18 of the United States Code, section 1464, prohibits the utterance of ?any obscene, indecent or profane language by means of radio communication.?10 In addition, consistent with a subsequent statute and court case,11 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast indecent material during the period 6 a.m. through 10 p.m.12 5. As an initial matter, we find that the episode of ?Married By America? that is the subject of this NAL was indeed broadcast on April 7, 2003, over each of the Fox Stations and Fox Affiliates
• http://www.fcc.gov/eb/Orders/2004/FCC-04-243A1.html
  • and issuing separate statements. I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny multiple complaints filed by individuals alleging that Fox Television Stations, Inc. (``Fox'') broadcast indecent material over various of its owned and operated television stations during an episode of the ``Keen Eddie'' program on June 10, 2003, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. For the reasons discussed below, we conclude that the subject material does not violate the Commission's prevailing indecency standards, and we hereby deny the complaints. II. BACKGROUND 2. Beginning in mid 2003 the Commission received a number of complaints against Fox Television Stations, Inc. relating to its broadcast during prime time on June 10, 2003, of an episode of the
• http://www.fcc.gov/eb/Orders/2004/FCC-04-268A1.html
  • Decree leaves in place the general warnings to broadcasters set forth in paragraphs 12 and 13 of the Commission's Notice of Apparent Liability for Forfeiture, Infinity Broadcasting Operations, Inc. (WKRK-FM), 18 FCC Rcd 6915 (2003).15 4. Based on the record before us, in particular Viacom's admission that some of the material it broadcast was indecent in violation of 47 C.F.R. 73.3999, and the remedial efforts to which Viacom has agreed, we conclude that there are no substantial and material questions of fact in regard to these matters as to whether Viacom possesses the basic qualifications, including its character qualifications, to hold or obtain any FCC licenses or authorizations. 5. Accordingly, IT IS ORDERED, pursuant to Sections 4(i) and 503(b) of the
• http://www.fcc.gov/eb/Orders/2004/FCC-04-34A1.html
  • we deny a petition for reconsideration filed by Infinity Broadcasting Operations, Inc. (``Infinity''), licensee of Station WKRK-FM, Detroit, Michigan, of a Forfeiture Order issued in this proceeding on December 8, 2003. The Forfeiture Order assessed a monetary forfeiture in the amount of $27,500 against Infinity for willful broadcast of indecent material in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, during the ``Deminski and Doyle Show'' on January 9, 2002 between 4:30 p.m. and 5:00 p.m. 2. Reconsideration is appropriate only where the petitioner either shows a material error or omission in the original order or raises additional facts not known or existing until after the petitioner's last opportunity to present such matters. WWIZ, Inc., 37 FCC 685, 686 (1964),
• http://www.fcc.gov/eb/Orders/2004/FCC-04-35A1.html
  • FORFEITURE Adopted: February 20, 2004 Released: June 10, 2004 By the Commission: Commissioners Martin and Adelstein issuing separate statements; Commissioner Copps dissenting and issuing a statement. I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture (``NAL''), we find that AMFM Radio Licenses, LLC (``AMFM''), licensee of Station WIHT(FM), Washington, D.C., apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully broadcasting indecent language. Based upon our review of the facts and circumstances in this case, we conclude that AMFM is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the applicable statutory maximum. II. BACKGROUND 2. The Commission received a complaint from listener Douglas Miller alleging that Station WIHT(FM) broadcast indecent
• http://www.fcc.gov/eb/Orders/2004/FCC-04-36A1.html
  • Notice of Apparent Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules,1 we grant a complaint,2 and find that Capstar TX Limited Partnership (``Capstar''), licensee of Stations WAVW(FM),3 Stuart, Florida, and WCZR(FM) Vero Beach, Florida, apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing indecent material over the stations on May 31, 2002. Based upon our review of the facts and circumstances in this case, we conclude that Capstar is apparently liable for a monetary forfeiture in the amount of Fifty-Five Thousand Dollars ($55,000.00). II. BACKGROUND 2. The Commission received a complaint alleging that Station WZZR(FM) aired indecent material
• http://www.fcc.gov/eb/Orders/2004/FCC-04-43A1.html
  • to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 8 Consistent with a subsequent statute and court case,9 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.10 The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act,11 upon a finding that a licensee has broadcast indecent material in violation of 18
• http://www.fcc.gov/eb/Orders/2004/FCC-04-47A1.html
  • Liability for Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act'') and section 1.80 of the Commission's rules,1 we grant a complaint from Stephen M. Arner2 and find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly broadcasting indecent material over the stations on March 13, 2003. Based upon our review of the facts and circumstances in this case and Clear Channel's history of transgressions relating to the broadcast of indecent material over stations licensed to its subsidiaries, we conclude that Clear Channel is apparently liable for a total monetary forfeiture in the
• http://www.fcc.gov/eb/Orders/2004/FCC-04-48A1.html
  • Infinity seeks review, pursuant to 47 C.F.R. 1.115, of a Memorandum Opinion and Order1 (``MO&O'') issued by the Chief, Enforcement Bureau (``Bureau''). The MO&O denied Infinity's Petition for Reconsideration of a Forfeiture Order2 that imposed a monetary forfeiture penalty in the amount of Seven Thousand Dollars ($7,000.00) against Infinity for a willful violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. On September 11, 1999, Station WLLD(FM) (``Station'') broadcast a live rap/hip-hop concert called ``The Last Damn Show.'' The broadcast generated a complaint, which included a tape recording of the entire show, as well as a transcript and related tape recording of those portions of
• http://www.fcc.gov/eb/Orders/2004/FCC-04-49A1.html
  • federal restrictions regarding the broadcast of indecent material.2 Based upon our review of the facts and circumstances of this case, we conclude that Infinity is apparently liable for a monetary forfeiture in the amount of Twenty-Seven Thousand Five Hundred Dollars ($27,500.00), the statutory maximum in this context, for broadcasting indecent material in apparent violation of 18 U.S.C. 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND 2. The Enforcement Bureau received a complaint alleging that Station WKRK-FM aired indecent material during the ``Howard Stern Show,'' on July 26, 2001, between 6:30 and 7:30 a.m. The complainant submitted an audio tape of this broadcast.3 3. The Enforcement Bureau sent Infinity a letter of inquiry,4 and attached a transcript of a portion
• http://www.fcc.gov/eb/Orders/2004/FCC-04-62A1.html
  • 47 C.F.R. 1.115, of a Memorandum Opinion and Order (the ``MO&O'') 2 issued by the Chief, Enforcement Bureau (the ``Bureau''). The MO&O denied Emmis's Petition for Reconsideration of a Forfeiture Order3 that imposed a monetary forfeiture penalty in the amount of Fourteen Thousand Dollars ($14,000) against it for its willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, the latter of which prohibits the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. On March 20, 2000, between 8:13 and 8:16 a.m., Station WKQX(FM) (the ``Station'') broadcast a telephone conversation between a porn star and the on-air staff of the ``Mancow's Morning Madness'' show. The broadcast generated a complaint in which the complainant alleged
• http://www.fcc.gov/eb/Orders/2004/FCC-04-88A1.html
  • I. INTRODUCTION 1. In this Notice of Apparent Liability For Forfeiture (``NAL''), issued pursuant to section 503(b) of the Communications Act of 1934, as amended (the ``Act''), and section 1.80 of the Commission's rules,1 we find that the captioned licensees, all of which are subsidiaries of Clear Channel Communications, Inc. (``Clear Channel''), apparently violated 18 U.S.C. 1464 and 47 C.F.R. 73.3999, by willfully and repeatedly airing program material during two segments of the ``Howard Stern Show'' on April 9, 2003, that apparently violate the federal restrictions regarding the broadcast of indecent material.2 Based upon the totality of the evidence before us and Clear Channel's history of repeated broadcasts of indecent material over stations licensed to its subsidiaries, we conclude that these
• http://www.fcc.gov/eb/Orders/2004/FCC-04-89A1.html
  • 2002, by Entercom Seattle License, LLC (``Entercom''), licensee of Station KNDD(FM), Seattle, Washington. Entercom seeks review, pursuant to 47 C.F.R. 1.115, of a Forfeiture Order issued by the Chief, Enforcement Bureau (``Bureau'') that imposed a monetary forfeiture penalty in the amount of Twelve Thousand Dollars ($12,000.00) against Entercom for willful and repeated violations of 18 U.S.C. 1464 and 47 C.F.R. 73.3999, which prohibit the broadcast of indecent material between 6 a.m. and 10 p.m. II. BACKGROUND 2. The Commission received a complaint that KNDD(FM) broadcast indecent material on May 30 and 31, and June 1, 2001. The complainant alleged that, during the May 30 and June 1 broadcasts, the station broadcast material concerning whether and how a penis could be used
• http://www.fcc.gov/eb/Orders/2005/DA-05-528A1.html
  • services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.). See also Telecommunications Act of 1992, Pub. L. No. 102-356, 16a, 106 Stat. 949, 954 (1992) (requiring Commission to implement indecency time of day restrictions on radio or television broadcast station[s]) (emphasis added); 47 C.F.R. 73.3999 (applying indecency restrictions to broadcast but not to cable). 5 Violence NOI, 19 FCC Rcd at 14403, n.45 (quoting 18 U.S.C. 1464). The Commission also noted there that its rules regarding section 1464 do not apply to cable. 6 See Harriscope of Chicago, Inc., Memorandum Opinion and Order, 3 FCC Rcd 757, 760 n.2 (1988) (subsequent history omitted) (indecency restrictions
• http://www.fcc.gov/eb/Orders/2005/DA-05-717A1.html
  • services on television, shall be punished by imprisonment for not more than 2 years or by a fine in accordance with this title, or both.''). See also Telecommunications Act of 1992, Pub. L. No. 102-356, 16a, 106 Stat. 949, 954 (1992) (requiring Commission to implement indecency time of day restrictions on ``radio or television broadcast station[s]'') (emphasis added); 47 C.F.R. 73.3999 (applying indecency restrictions to broadcast but not to cable). 6 Violence NOI, 19 FCC Rcd at 14403, n.45 (quoting 18 U.S.C. 1464). The Commission also noted there that its rules regarding section 1464 do not apply to cable. The Commission's authority over profanity and indecency derives from the same criminal statute and Commission rules. Because the Commission's authority over profanity
• http://www.fcc.gov/eb/Orders/2005/FCC-04-279A1.html
  • 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''3 The Federal Communications Commission, which is authorized to license radio and television broadcast stations, is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity.4 Consistent with a subsequent statute and court case,5 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.6 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Communications Act of 1934, as amended7 (the ``Act''), upon a finding that a licensee has
• http://www.fcc.gov/eb/Orders/2005/FCC-04-280A1.html
  • 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.''4 The Federal Communications Commission, which is authorized to license radio and television broadcast stations, is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity.5 Consistent with a subsequent statute and court case,6 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.7 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Communications Act of 1934, as amended8 (the ``Act''), upon a finding that a licensee has
• http://www.fcc.gov/eb/Orders/2005/FCC-05-23A1.html
  • freedom of expression.14 The Commission does, however, have the authority to enforce statutory and regulatory provisions restricting indecency. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, Section 1464 prohibits the utterance of any obscene, indecent or profane language by means of radio communication.15 In addition, section 73.3999 of the Commission's rules, which was promulgated for the civil enforcement of that statute and section 16(a) of the Public Telecommunications Act of 1992,16 as modified by a subsequent court decision,17 provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. 6.
• http://www.fcc.gov/eb/Orders/2005/FCC-05-36A1.html
  • to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 4 Consistent with a subsequent statute and court case,5 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.6 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Act,7 upon a finding that a licensee has broadcast obscene, indecent or profane material in
• http://www.fcc.gov/eb/Orders/2005/FCC-05-37A1.html
  • to enforce statutory and regulatory provisions restricting obscenity, indecency and profanity. Specifically, it is a violation of federal law to broadcast obscene, indecent or profane programming. Title 18 of the United States Code, section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' 4 Consistent with a subsequent statute and court case,5 section 73.3999 of the Commission's rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m.. 6 The Commission may impose a monetary forfeiture, pursuant to section 503(b)(1) of the Act,7 upon a finding that a licensee has broadcast obscene, indecent or profane material
• http://www.fcc.gov/eb/Orders/2005/FCC-05-53A1.html
  • issuing separate statement. I. INTRODUCTION 1. In this Memorandum Opinion and Order, we deny complaints alleging that various television station licensees that are affiliates of the ABC Television Network (ABC) aired indecent material during their broadcast of ABC's Monday Night Football on November 15, 2004, at 9 p.m. Eastern Standard Time, in violation of 18 U.S.C. 1464 and 47 C.F.R. 73.3999. For the reasons discussed below, we conclude that the material in question does not violate the Commission's indecency prohibition. II. BACKGROUND 2. At 9:00 p.m. Eastern Standard Time, on November 15, 2004, as the introductory segment to the broadcast of the National Football League game between the Philadelphia Eagles and Dallas Cowboys, ABC aired a scene featuring Eagles wide receiver
• http://www.fcc.gov/eb/Orders/2006/FCC-06-152A1.html
  • entered into the Consent Decree resolving the three forfeiture orders, as well as other pending indecency complaints and ongoing indecency investigations against Emmis. 3. Pursuant to the Consent Decree, Emmis admitted that the programming at issue in the forfeiture orders, and certain programming that was the subject of the pending complaints and ongoing investigations, is indecent, in violation of section 73.3999, agreed to make a voluntary contribution of $300,000 to the United States Treasury, and adopted a "company-wide compliance plan for the purpose of preventing the broadcast of material violative of the Indecency Laws." In addition, Emmis waived "any and all rights" to contest the validity of the Consent Decree or the Order. In return, the Commission agreed to rescind, vacate
• http://www.fcc.gov/eb/Orders/2006/FCC-06-153A1.html
  • Decree resolving the forfeiture orders, as well as other pending indecency complaints and ongoing indecency investigations against Viacom. 3. Pursuant to the Consent Decree, Viacom admitted that some of the broadcast material at issue in the forfeiture orders, and certain other programming that was the subject of the pending complaints and ongoing investigations, is indecent and in violation of section 73.3999 of our rules, agreed to make a voluntary contribution of $3,500,000 to the United States Treasury, and adopted a "company-wide compliance plan for the purpose of preventing the broadcast of material violative of the indecency laws." In addition, Viacom waived any and all rights to contest the validity of the Consent Decree or the Order. In return, the Commission agreed
• http://www.fcc.gov/eb/Orders/2006/FCC-06-166A1.html
  • Tanner stated: `I knew he was a bullshitter from Day One.' The interviewer, Julie Chen, recognized the inappropriateness of the language, stating: `I hope we had the cue ready on that one . . . We can't say that word . . . There is a delay.'"). Id. at 2690-2700 PP 100-45. See 18 U.S.C. S 1464; 47 C.F.R. S 73.3999. However, with respect to complaints regarding the use of the words "dick" and "dickhead" in episodes of "NYPD Blue," the Commission found that in context the broadcasts of these terms were not patently offensive under its contextual analysis and based on FCC precedent. Omnibus Order, 21 FCC Rcd at 2696-97 P 127. Omnibus Order, 21 FCC Rcd at 2690 P
• http://www.fcc.gov/eb/Orders/2006/FCC-06-17A1.html
  • is dwelled upon, and presented in a manner to titillate and shock viewers, we conclude that the broadcast of the material at issue here is patently offensive under contemporary community standards for the broadcast medium and thus apparently indecent. The complained-of material was broadcast within the 6 a.m. to 10 p.m. time frame relevant to an indecency determination under section 73.3999 of the Commission's rules. Therefore, there is a reasonable risk that children may have been in the viewing audience and the broadcast is legally actionable. 30. Forfeiture Calculation. In the instant case, WBDC Broadcasting consciously and deliberately broadcast this episode. Accordingly, we find that WBDC Broadcasting's broadcast in apparent violation of 18 U.S.C. S 1464 and 47 C.F.R. S 73.3999
• http://www.fcc.gov/eb/Orders/2006/FCC-06-18A1.html
  • graphically depicting teenage boys and girls participating in a sexual orgy. Based upon our review of the facts and circumstances of this case, we conclude that the licensees listed in Attachment A are apparently liable for a monetary forfeiture in the amount of $32,500 per station for broadcasting indecent material in apparent violation of 18 U.S.C. S 1464 and section 73.3999 of the Commission's rules. II. BACKGROUND 2. Section 1464 of title 18, United States Code, prohibits the broadcast of obscene, indecent, or profane programming. The FCC rules implementing that statute, a subsequent statute establishing a "safe harbor" during certain hours, and the Act prohibit radio and television stations from broadcasting obscene material at any time and indecent material between 6
• http://www.fcc.gov/eb/Orders/2006/FCC-06-19A1.html
  • the nudity was brief. 7. The Commission concluded, based upon its review of the facts and circumstances of this case, that CBS was apparently liable for a monetary forfeiture in the amount of $550,000, calculated by applying the maximum forfeiture of $27,500 to each CBS Station, for broadcasting indecent material in apparent violation of 18 U.S.C. S 1464 and section 73.3999 of the Commission's rules. In contrast, the Commission proposed no forfeiture against any licensee other than CBS. It did so based on its finding that no licensee of a non-CBS-owned CBS affiliate was involved in the selection, planning or approval of the material for the halftime show, nor could any such licensee reasonably have anticipated that Viacom's production of the
• http://www.fcc.gov/eb/Orders/2006/FCC-06-68A1.html
  • musical finale of the halftime show, Justin Timberlake pulled off part of Janet Jackson's bustier, exposing one of her breasts to the television audience. After conducting an investigation, the Commission issued a Notice of Apparent Liability (the "NAL") finding the ultimate parent company of the licensees of the CBS Stations apparently liable for violating 18 U.S.C. S 1464 and section 73.3999, the Commission's rule regulating the broadcast of indecent material. The NAL proposed a forfeiture in the amount of $27,500, the statutory maximum forfeiture amount, against each of the CBS Stations, for a total forfeiture amount of $550,000. 3. CBS submitted its Opposition to the NAL on November 5, 2004. CBS argued that the material broadcast was not actionably indecent under
• http://www.fcc.gov/eb/Orders/2007/DA-07-2279A1.html
  • complaints against Beasley. The Complainant supplemented the January 22, 2007 filing on February 1, 2007. Although the Complainant claims to have mailed to the Commission original signed declarations in support of the January 22 and February 1, 2007 filings, we have not received these signed declarations. 4. The Complainant contends that Beasley has violated 18 U.S.C. S 1464 and Section 73.3999 of the Commission's rules by broadcasting indecent material over Station WQAM(AM) and is attempting to shield its illegal activity by impermissibly targeting him instead of addressing his indecency complaints on the merits. Specifically, the Complainant alleges that: (1) on-air personalities at Station WQAM(AM) and others have made threats against him and against one of his clients; (2) Beasley has engaged
• http://www.fcc.gov/eb/Orders/2007/DA-07-4692A1.html
  • the Enforcement Bureau of the Federal Communications Commission; g. "Parties" means the Bureau and CBS; h. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq.; i. "Rules" mean the Commission's regulations set forth in Title 47 of the Code of Federal Regulations; j. "Indecency Laws" means 18 U.S.C. S: 1464 and 47 C.F.R. S: 73.3999; k. "Adopting Order" means an order of the Bureau adopting this Consent Decree; l. "Effective Date" means the date on which the Adopting Order is released; m. "Investigation" means the investigation commenced by the Media Bureau's June 27, 2007 Letter to Howard F. Jaeckel, Esquire, counsel for CBS Broadcasting, regarding whether CBS Broadcasting or KUTV violated terms of the 2004
• http://www.fcc.gov/eb/Orders/2008/DA-08-2391A1.html
  • licensee of Station WRXK-FM, Bonita Springs, Florida (collectively, "Beasley" and the "Beasley Stations"). The Consent Decree resolves and terminates certain forfeiture proceedings, investigations and complaints currently being conducted by, or pending before, the Enforcement Bureau concerning possible violations by the Beasley Stations of the restrictions on indecent, profane and obscene programming in 18 U.S.C. S: 1464 and 47 C.F.R. S: 73.3999. The Consent Decree also terminates and cancels the above-captioned Notice of Apparent Liability for Forfeiture (NAL) and dismisses with prejudice (i) certain complaints concerning programming aired on or activities undertaken by Beasley Stations involving gambling and (ii) certain informal objections, as defined herein, filed against the license renewal application for Station WQAM(AM), FCC File No. BR-20031001BXU, pending before the Media
• http://www.fcc.gov/eb/Orders/2010/DA-10-103A1.html
  • Former Licensee of Television ) FRN 0010754067 Station KBEH (TV), Oxnard, California ) Facility ID No. 56384 ) CONSENT DECREE 1. The Enforcement Bureau and Bela, LLC, by their authorized representatives, hereby enter into this Consent Decree for the purpose of terminating the Enforcement Bureau's investigation into alleged violations of Section 1464 of Title 18, United States Code and Section 73.3999 of the Commission's rules, by the broadcast of indecent, profane or obscene material over Station KBEH (TV), Oxnard, California. I. DEFINITIONS 2. For the purposes of this Consent Decree, the following definitions shall apply: a. "Act" means the Communications Act of 1934, as amended, 47 U.S.C. S: 151 et seq. b. "Adopting Order" means an Order by the Bureau adopting
• http://www.fcc.gov/eb/Orders/2010/DA-10-103A2.html
  • Consent Decree entered into between the Enforcement Bureau ("Bureau") and Bela TV, LLC ("Bela"), former licensee of Station KBEH (TV), Oxnard, California ("Station"). The Consent Decree resolves and terminates an investigation by the Bureau concerning possible violations by the Station of the restrictions on indecent, profane and obscene programming in Section 1464 of Title 18, United States Code, and Section 73.3999 of the Commission's rules. 2. The Bureau and Bela have negotiated the terms of the Consent Decree that resolves this matter. A copy of the Consent Decree is attached hereto and incorporated by reference. 3. After reviewing the terms of the Consent Decree and evaluating the facts before us, we find that the public interest would be served by adopting
• http://www.fcc.gov/eb/Orders/da001567.doc http://www.fcc.gov/eb/Orders/da001567.html http://www.fcc.gov/eb/Orders/da001567.txt
  • Chief, Enforcement Bureau Introduction In this Notice of Apparent Liability for Forfeiture, we find Communicast Consultants, Inc. (``CCI''), licensee of Station KRXK(AM), Rexburg, ID, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 503(b)(1)(D) of the Communications Act of 1934, as amended (the ``Act''), and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Background The Commission received information indicating that Station KRXK(AM), Rexburg, ID, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material during a Spanish language call-in talk show on or about January 12, 1999, between 8 a.m. and 10 a.m. Attached is a transcript of those
• http://www.fcc.gov/eb/Orders/da001951.doc http://www.fcc.gov/eb/Orders/da001951.html http://www.fcc.gov/eb/Orders/da001951.txt
  • 99040101 NAL/Acct. No. X32080013 Facility #26649 JJS FORFEITURE ORDER Adopted: August 23, 2000 Released: August 24, 2000 By the Chief, Enforcement Bureau: I. Introduction In this forfeiture order, we impose a six thousand dollar ($6,000) forfeiture against Three Eagles of Columbus, Inc. (``Three Eagles''), licensee of KROR(FM), Hastings, Nebraska. We find that Three Eagles violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On April 28, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against Three Eagles. Three Eagles Broadcasting, Inc., DA 00-951 (released April 28, 2000) (``NAL''). Three Eagles filed its response (``Three Eagles Response'') on May
• http://www.fcc.gov/eb/Orders/da002041.doc http://www.fcc.gov/eb/Orders/da002041.html http://www.fcc.gov/eb/Orders/da002041.txt
  • LIABILITY FOR FORFEITURE Adopted: September 6, 2000 Released: September 7, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Regent Licensee of Flagstaff, Inc. (``Regent''), licensee of Station KZGL(FM), Cottonwood, Arizona, apparently liable for a six thousand dollar ($6,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received complaints concerning a broadcast on KZGL(FM) on August 28, 1999. At issue was a remote broadcast from Images Video, an adult video store in Flagstaff, Arizona. According to the complainants, during this remote broadcast, the station interviewed ``Mila Shegol, Queen of the Nasty,''
• http://www.fcc.gov/eb/Orders/da002185.doc http://www.fcc.gov/eb/Orders/da002185.html http://www.fcc.gov/eb/Orders/da002185.txt
  • LIABILITY FOR FORFEITURE Adopted: September 25, 2000 Released: September 26, 2000 By the Chief, Enforcement Bureau: Introduction In this Notice of Apparent Liability for Forfeiture, we find Citicasters Co. (``Citicasters''), licensee of Station KSJO(FM), San Jose, CA, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. Background The Commission received information indicating that Station KSJO(FM), San Jose, CA, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material when it aired a ``joke'' on August 25, 1999, at approximately 1:15 p.m. Attached is a transcript of the ``joke'' that is the subject
• http://www.fcc.gov/eb/Orders/da002186.doc http://www.fcc.gov/eb/Orders/da002186.html http://www.fcc.gov/eb/Orders/da002186.txt
  • OF APPARENT LIABILITY FOR FORFEITURE Adopted: September 25, 2000 Released: September 26, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Citicasters Co. (``Citicasters''), licensee of Station KSJO(FM), San Jose, California, apparently liable for a seven thousand dollar ($7,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received a complaint concerning a broadcast during the ``Lamont & Tonelli Show'' on February 9, 2000 at approximately 8:15 a.m. According to the complainant, a guest on the program provided in great detail instructions on how to perform fellatio. A transcript of portions of
• http://www.fcc.gov/eb/Orders/da002287.doc http://www.fcc.gov/eb/Orders/da002287.html http://www.fcc.gov/eb/Orders/da002287.txt
  • LIABILITY FOR FORFEITURE Adopted: October 5, 2000 Released: October 6, 2000 By the Chief, Enforcement Bureau: I. Introduction In this Notice of Apparent Liability for Forfeiture, we find Capstar TX Limited Partnership (``Capstar''), licensee of Station KTXQ(FM), Fort Worth, Texas, apparently liable for a seven thousand dollar ($7,000) forfeiture for an apparent violation of 18 U.S.C. § 1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background The Commission received a complaint concerning a broadcast during the station's morning show on June 8, 1998 between 6:38 a.m. and 10:00 a.m. We are attaching to this notice a transcript of the relevant portions of the program. By letter dated June 8, 2000, we requested
• http://www.fcc.gov/eb/Orders/da002313.doc http://www.fcc.gov/eb/Orders/da002313.html http://www.fcc.gov/eb/Orders/da002313.txt
  • ) NAL/Acct. No. X32080018 ) Facility No. 12664 ) JJS ) ) FORFEITURE ORDER Adopted: October 11, 2000 Released: October 12, 2000 By the Chief, Enforcement Bureau: Introduction In this forfeiture order, we impose a seven thousand dollar ($7,000) forfeiture against Communicast Consultants, Inc. (``CCI''), licensee of KRXK(AM), Rexburg, Idaho. We find that CCI violated 18 U.S.C. §1464 and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. On July 14, 2000, the Chief, Enforcement Bureau, issued a Notice of Apparent Liability for Forfeiture in the amount of seven thousand dollars ($7,000) against CCI. Communicast Consultants, Inc., DA 00-1567 (released July 14, 2000) (``NAL''). CCI filed its response on September 7, 2000. Background The Commission received
• http://www.fcc.gov/eb/Orders/da002724.doc http://www.fcc.gov/eb/Orders/da002724.html http://www.fcc.gov/eb/Orders/da002724.txt
  • JWS Holmes Beach, Florida ) NOTICE OF APPARENT LIABILITY FOR FORFEITURE Adopted: December 1, 2000 Released: December 5, 2000 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Notice of Apparent Liability for Forfeiture ("NAL"), we find that CBS Radio License, Inc. (``CBS''), licensee of Station WLLD(FM), Holmes Beach, Florida, has apparently violated 18 U.S.C. § 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by willfully broadcasting indecent language. Based on our review of the facts and circumstances in this case, we conclude that CBS is apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000). II. BACKGROUND 2. The Commission received a complaint concerning a September 11, 1999, broadcast on WLLD(FM), called
• http://www.fcc.gov/eb/Orders/da00516.doc http://www.fcc.gov/eb/Orders/da00516.html http://www.fcc.gov/eb/Orders/da00516.txt
  • file number listed above. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to Infinity's counsel, H. Anthony Lehv, Esq., Leventhal, Senter, & Lerman PLLC, 2000 K Street, N.W., Suite 600, Washington, DC 20006-1809. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The complaint also alleges that Infinity violated Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, concerning indecent programming. That portion of the complaint will be addressed separately. See ``Transcript of Don and Mike Radio Show'' (Complaint, Exhibit B), p. 3. We need not consider Infinity's argument that the digital delay devices did not ``record'' the conversation because, under the circumstances of this case, we find its broadcast
• http://www.fcc.gov/eb/Orders/da00951.doc http://www.fcc.gov/eb/Orders/da00951.html http://www.fcc.gov/eb/Orders/da00951.txt
  • Introduction 1. In this Notice of Apparent Liability for Forfeiture, we find Three Eagles of Columbus, Inc. (TEC), licensee of Station KROR(FM), Hastings, NE, apparently liable for a forfeiture in the amount of seven thousand dollars ($7,000) for a violation of 18 U.S.C. § 1464 and Section 503(b)(1)(D) of the Communications Act of 1934, as amended, (the ``Act'') and Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, by broadcasting indecent material. II. Background 2. The Commission received information indicating that Station KROR(FM), Hastings, NE, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material during the "Bob and Tom Show" on February 26, 1999, between 6 a.m. and 9:45 a.m. A transcript of those portions of the
• http://www.fcc.gov/eb/Orders/fcc0010.doc http://www.fcc.gov/eb/Orders/fcc0010.html http://www.fcc.gov/eb/Orders/fcc0010.txt
  • standards for the broadcast medium, sexual or excretory activities or organs." Infinity Broadcasting Corp., 3 FCC Rcd 930 (1987), aff'd in part and remanded in part sub nom. Action For Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988). Indecent material is actionable under the Commission's Rules if it is aired between 6 a.m. and 10 p.m. 47 C.F.R. §73.3999(b). In his original complaint, North alleged that this material was patently offensive as measured by contemporary community standards for the broadcast medium. In support, he asserted that the broadcast medium standards in every community in the United States are and always have been that adult's sexual organs simply not be shown on television in any context. These standards have not
• http://www.fcc.gov/eb/Orders/fcc0021.doc http://www.fcc.gov/eb/Orders/fcc0021.html http://www.fcc.gov/eb/Orders/fcc0021.txt
  • July 22, 1999, we determined that certain material apparently broadcast over WQAM on five days in May 1998 was indecent. Inasmuch as the material was apparently aired between the hours of 10 a.m. and 2 p.m., we concluded that the broadcasts occurred at a time when there was a reasonable risk that children might be in the audience. See Section 73.3999 of the Commission's Rules, 47 C.F.R. Section 73.3999. After considering the circumstances in light of our forfeiture guidelines, which provide a base forfeiture for indecency of $7,000, we proposed a forfeiture of $35,000 for the five days of indecent broadcasts. The licensee has submitted a response, which we address below. 3. Initially, the licensee argues that our definition of indecency
• http://www.fcc.gov/eb/broadcast/Pleadings/Viacom.pdf
  • Mr. Timberlake performing together. Id. at 14. D. The Commission Issued the NAL Proposing to Levy Maximum Fines on CBS Notwithstanding the Lack of Prior Knowledge The Commission issued the NAL on September 22, 2004, finding CBS apparently liable for violating the statutory prohibition on indecent broadcasts, 18 U.S.C. § 1464, and the FCC rule implementing it, 47 C.F.R. § 73.3999. It proposed a maximum forfeiture of $27,500 on each of the twenty Viacom O&O stations that broadcast the Super Bowl, for a total of $550,000. 11 The NAL concluded that the half-second glimpse of Ms. Jackson's exposed breast during the halftime performance violated the FCC indecency standard, because it constituted a depiction or description of sexual or excretory activities or
• http://www.fcc.gov/fcc-bin/audio/DA-00-516A1.doc http://www.fcc.gov/fcc-bin/audio/DA-00-516A1.pdf http://www.fcc.gov/fcc-bin/audio/DA-00-516A1.txt
  • file number listed above. IT IS FURTHER ORDERED that a copy of this Notice shall be sent, by Certified Mail/Return Receipt Requested, to Infinity's counsel, H. Anthony Lehv, Esq., Leventhal, Senter, & Lerman PLLC, 2000 K Street, N.W., Suite 600, Washington, DC 20006-1809. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau The complaint also alleges that Infinity violated Section 73.3999 of the Commission's rules, 47 C.F.R. § 73.3999, concerning indecent programming. That portion of the complaint will be addressed separately. See ``Transcript of Don and Mike Radio Show'' (Complaint, Exhibit B), p. 3. We need not consider Infinity's argument that the digital delay devices did not ``record'' the conversation because, under the circumstances of this case, we find its broadcast
• http://www.fcc.gov/fcc-bin/audio/DA-04-3907A1.doc http://www.fcc.gov/fcc-bin/audio/DA-04-3907A1.pdf
  • Broadcasters, Inc. 1500 Cotner Ave. Los Ángeles, CA 90025 Re: SDARS Program Content Rulemaking Petition Dear Mr. Levine: This letter acknowledges receipt of the petition you filed, dated October 28, 2004, asking the Commission to commence a rulemaking proceeding to amend the Satellite Digital Audio Radio Service (``SDARS'') rules to include an ``indecency'' provision analogous to that found in Section 73.3999 of the Commission's rules. Both SDARS licensees, as is permitted under the Commission's rules (Establishment of Rules and Policies for the Digital Audio Radio Satellite Service, 12 FCC Rcd 5754, 5788 (1997)), are providing service on a subscription basis. The Commission has previously ruled that ``subscription-based services do not call into play the issue of indecency,'' Litigation Recovery Trust, 17
• http://www.fcc.gov/fcc-bin/audio/DA-07-3245A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3245A1.pdf
  • content where federal statutes direct it to do so. For example, Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' The Commission is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity. Consistent with a subsequent statute and court case, Section 73.3999 of the Rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act, upon a finding that a licensee has broadcast obscene, indecent or profane material in violation
• http://www.fcc.gov/fcc-bin/audio/DA-07-3837A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-3837A1.pdf
  • be barred from consideration by the terms of a consent decree entered into by the Commission and Clear Channel (the ``Consent Decree''). The Consent Decree resolved certain matters before the agency involving the possible violation by Clear Channel of the restrictions in the broadcast of obscene, indecent or profane material contained at 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 (the ``Indecency Laws''). By the terms of the Consent Decree, Clear Channel agreed to undertake certain compliance measures and to pay the United States Treasury the sum of $1,750,000 in consideration for the Commission rescinding, vacating and canceling certain forfeiture orders and notices of apparent liability for forfeiture issued against Clear Channel-owned broadcast licensees, terminating certain inquiries, and dismissing, with
• http://www.fcc.gov/fcc-bin/audio/DA-07-4517A1.doc http://www.fcc.gov/fcc-bin/audio/DA-07-4517A1.pdf
  • recently considered similar arguments and has concluded that it has requisite authority to settle indecency enforcement actions by means of a Consent Decree. See In the Matter of Viacom Inc., Order on Reconsideration, 21 FCC Rcd 12223 (2006). Accordingly, we will not address the merits of these arguments any further. Id. See 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999 (the ``Indecency Laws''). See also Consent Decree, ¶ 8. Consent Decree, ¶ 2(h). See KSJO Petition at 14-15. See KSJO Opposition at 5-6. KSJO Petition at 15, states: ``These acts, if verified, raise serious questions about Clear Channel's candor with the Commission...'' (emphasis added). The Weeks Petition also states that ``Clear Channel owned more than its legal limit of stations
• http://www.fcc.gov/fcc-bin/audio/DA-08-2391A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-2391A1.pdf
  • licensee of Station WRXK-FM, Bonita Springs, Florida (collectively, ``Beasley'' and the ``Beasley Stations''). The Consent Decree resolves and terminates certain forfeiture proceedings, investigations and complaints currently being conducted by, or pending before, the Enforcement Bureau concerning possible violations by the Beasley Stations of the restrictions on indecent, profane and obscene programming in 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999. The Consent Decree also terminates and cancels the above-captioned Notice of Apparent Liability for Forfeiture (NAL) and dismisses with prejudice (i) certain complaints concerning programming aired on or activities undertaken by Beasley Stations involving gambling and (ii) certain informal objections, as defined herein, filed against the license renewal application for Station WQAM(AM), FCC File No. BR-20031001BXU, pending before the Media
• http://www.fcc.gov/fcc-bin/audio/DA-08-970A1.doc http://www.fcc.gov/fcc-bin/audio/DA-08-970A1.pdf
  • broadcast stations between the hours of 6 a.m. and 10 p.m. Title 18 of the United States Code, Section 1464 prohibits the utterance of ``any obscene, indecent or profane language by means of radio communication.'' The Commission is responsible for enforcing the statutory and regulatory provisions restricting obscenity, indecency and profanity. Consistent with a subsequent statute and court case, Section 73.3999 of the Rules provides that radio and television stations shall not broadcast obscene material at any time, and shall not broadcast indecent material during the period 6 a.m. through 10 p.m. The Commission may impose a monetary forfeiture, pursuant to Section 503(b)(1) of the Act, upon a finding that a licensee has broadcast obscene, indecent or profane material in violation
• http://www.fcc.gov/fcc-bin/audio/FCC-01-90A1.doc http://www.fcc.gov/fcc-bin/audio/FCC-01-90A1.pdf http://www.fcc.gov/fcc-bin/audio/FCC-01-90A1.txt
  • as a properly tailored means of vindicating the government's compelling interest in the welfare of children and remanded the case to the Commission ``with instructions to limit its ban on the broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 p.m.'' ACT III, 58 F.3d at 669-70. The Commission implemented the court's instructions by appropriately conforming Section 73.3999 of its rules. These changes became effective on August 28, 1995. Thus, outside the 10:00 p.m. to 6:00 a.m. safe harbor, the courts have approved regulation of broadcast indecency to further the compelling government interests in supporting parental supervision of children and more generally its concern for children's well being. Act III, 58 F.3d at 661 (and cases cited therein).
• http://www.fcc.gov/mb/audio/bickel/amfmrule.html
  • of construction. [694]TEXT [695]PDF 73.3601 Simultaneous modification and renewal of license. [696]TEXT [697]PDF 73.3603 Special waiver procedure relative to applications. [698]TEXT [699]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [700]TEXT [701]PDF 73.3612 Annual employment report. [702]TEXT [703]PDF 73.3613 Filing of contracts. [704]TEXT [705]PDF 73.3615 Ownership reports. [706]TEXT [707]PDF 73.3617 Information available on the Internet. [708]TEXT [709]PDF 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). [710]TEXT [711]PDF 73.4000 Listing of FCC policies. [712]TEXT [713]PDF 73.4005 Advertising--refusal to sell. [714]TEXT [715]PDF 73.4015 Applications for AM and FM construction permits, incomplete or defective. [716]TEXT [717]PDF 73.4017 Application processing: Commercial FM stations. [718]TEXT [719]PDF 73.4045 Barter agreements. [720]TEXT [721]PDF 73.4050 Children's TV programs. [722]TEXT
• http://www.fcc.gov/mb/audio/decdoc/legalser.html
  • [819]Word ]. Noncommercial educational stations given a temporary exemption from airing commercials in the wake of Hurricane Katrina. December 15, 2004 Letter to Saul Levine, Mount Wilson FM Broadcasters Letter, DA 04-3907, December 15, 2004 [ [820]PDF | [821]Word ]. Petition to amend SDARS (satellite digital audio radio service) rules to include an indecency provision similar to [822]47 CFR Section 73.3999 declined; "subscription-based services do not call into play the issue of indecency." December 4, 2003 Licensee of Noncommercial Educational Station WAAQ(FM), Onsted, MI And Translator Station W214BH, Mount Pleasant, MI MO&O, FCC 03-3864, released December 4, 2003 [ [823]PDF | [824]Word | ]. Impermissible donor and underwriting advertisements in violation of Section 399B of the Communications Act, on a noncommercial
• http://www.fcc.gov/mb/audio/includes/31-legalser.htm
  • [772]Word ]. Noncommercial educational stations given a temporary exemption from airing commercials in the wake of Hurricane Katrina. December 15, 2004 Letter to Saul Levine, Mount Wilson FM Broadcasters Letter, DA 04-3907, December 15, 2004 [ [773]PDF | [774]Word ]. Petition to amend SDARS (satellite digital audio radio service) rules to include an indecency provision similar to [775]47 CFR Section 73.3999 declined; "subscription-based services do not call into play the issue of indecency." December 4, 2003 Licensee of Noncommercial Educational Station WAAQ(FM), Onsted, MI And Translator Station W214BH, Mount Pleasant, MI MO&O, FCC 03-3864, released December 4, 2003 [ [776]PDF | [777]Word | ]. Impermissible donor and underwriting advertisements in violation of Section 399B of the Communications Act, on a noncommercial
• http://www.fcc.gov/mb/audio/includes/63-amfmrule.htm
  • of construction. [647]TEXT [648]PDF 73.3601 Simultaneous modification and renewal of license. [649]TEXT [650]PDF 73.3603 Special waiver procedure relative to applications. [651]TEXT [652]PDF 73.3605 Retention of applications in hearing status after designation for hearing. [653]TEXT [654]PDF 73.3612 Annual employment report. [655]TEXT [656]PDF 73.3613 Filing of contracts. [657]TEXT [658]PDF 73.3615 Ownership reports. [659]TEXT [660]PDF 73.3617 Information available on the Internet. [661]TEXT [662]PDF 73.3999 Enforcement of 18 U.S.C. 1464 (restrictions on the transmission of obscene and indecent material). [663]TEXT [664]PDF 73.4000 Listing of FCC policies. [665]TEXT [666]PDF 73.4005 Advertising--refusal to sell. [667]TEXT [668]PDF 73.4015 Applications for AM and FM construction permits, incomplete or defective. [669]TEXT [670]PDF 73.4017 Application processing: Commercial FM stations. [671]TEXT [672]PDF 73.4045 Barter agreements. [673]TEXT [674]PDF 73.4050 Children's TV programs. [675]TEXT
• http://www.fcc.gov/sptf/files/SRRWGFinalReport.doc http://www.fcc.gov/sptf/files/SRRWGFinalReport.pdf
  • of 1996, and Satellite Home Viewer Improvement Act of 1999). See, e.g., Public Workshop on Spectrum Rights and Responsibilities. See 47 U.S.C. § 312(a)(7), 47 C.F.R. §73.1944 (reasonable access); 47 U.S.C. § 315, 47 C.F.R. § 73.1941 (equal opportunities). 47 U.S.C. § 303(b), 47 C.F.R. §§ 73.671, 73.673, 73.3526. 18 U.S.C. § 1464; 47 U.S.C. § 303, 47 C.F.R. § 73.3999. 47 U.S.C. § 303(w). 47 C.F.R. § 73.2080. 47 C.F.R. § 73.4280. See generally NAB/MSTV Joint Comments; APTS Comments; NPR Comments; SBE Comments. But see 47 C.F.R. §§ 73.641-73.644. See NPR Comments. See Statement of Victor Tawil at the Public Workshop on Spectrum Rights and Responsibilities at 90-94. Broadcast spectrum can be used for ancillary or supplementary services that do