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Federal Communications Commission DA 99-116 CERTIFIED MAIL Federal Communications Commission DA 99-116 Federal Communications Commission Washington, D.C. 20554 In reply refer to: 1800Cl-JEE 98060074 Released: January 8, 1998 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Citicasters Co. Licensee, WXTB(FM), Clearwater, FL 50 East RiverCenter Boulevard Suite 1200 Covington, KY 41011 Dear Licensee: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE pursuant to Section 503(b) of the Communications Act of 1934, as amended, under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules. The Commission has received information indicating that Radio Station WXTB(FM), Clearwater, FL, may have violated 18 U.S.C. § 1464 by broadcasting allegedly indecent material during broadcasts of "Bubba, the Love Sponge" on May 28, 1998, at 8:00 a.m. A transcript of the allegedly indecent broadcast, taken from a tape submitted by the complainant, is attached. Pursuant to 47 U.S.C. §§ 312(a)(6) and 503(b)(l)(D), the Commission has statutory authority to take appropriate administrative action when licensees broadcast material in violation of 18 U.S.C. § 1464, which provides criminal penalties for anyone who "utters any obscene, indecent or profane language by means of radio communication." The Commission has defined indecency as language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory activities or organs. Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Red 2705, 2705 (1987) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), affd sub nom. FCC v. Pacifica Foundation, 438 U.S. 726 (1978)). The United States Court of Appeals for the District of Columbia Circuit has upheld the Commission's authority to restrict the broadcast of indecent material at times when there is a reasonable risk that children may be in the audience. Action for Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988). The court subsequently concluded that a 10:00 p.m. to 6:00 a.m. "safe harbor" was justified as a properly tailored means of vindicating the government's compelling interest in the welfare of children. Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), cert. denied, 116 S. Ct. 701 (1996). We believe the subject excerpt is indecent in that it contains language that describes sexual and/or 127 Federal Communications Commission DA 99-116 excretory activities or organs in patently offensive tenns. Because the material aired at a time when there was a reasonable risk that children may have been in the audience, it is legally actionable. Thus, it appears that on May 28, 1998, Station WXTB(FM) violated 18 U.S.C. § 1464 by airing indecent programming. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Citicasters Co. is hereby advised of its apparent liability for a forfeiture of Seven Thousand Dollars ($7,000), for its apparent willful violation of 18 U.S.C. § 1464 on May 28, 1998. The amount specified was detennined in accordance with the Commission's forfeiture guidelines. See In the Matter of The Commission's Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, FCC 97-218, July 28, 1997. In regard to this forfeiture proceeding, you are afforded a period of thirty (30) days from the date of this Jetter "to show, in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent." 47 C.F.R. § l .80(f)(3). Other relevant provisions of Section 1.80 of the Commission's Rules are summarized in the attachment to this Jetter. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau Attachments 128 Federal Communications Commission DA 99-116 Radio Station: WXTB-FM, Clearwater, FL Date/Time Broadcast: May 28, 1998 at 8 a.m. Material Broadcast: Bubba, The Love Sponge 98060074 MC: Male Caller OM: Old Man (Character Voice) MC: Head. OM: Yes, she definitely must give head (Bleep) that's very important to me. I. MC: What, what head type would you like? OM: Oh, can I get one with two heads on her? That would be freaky. MC: No sir, she doesn't come with two heads. You only get one head. OM: Just give me plain old head, whatever. MC: Alright sir, I'll pick one head out for you. OM: Thank you. MC: How about skin tone? Do you like them fair, medium. OM: I know what I want for skin, I'd like a dark black on front and an Asian on the back. MC: No sir. OM: So when I tired of one race I could just flip it over and start fu(Bleep)king the other one. MC: No sir, we, we've got to do one or the other. We can do either African or we can do Asian. Which, which would you prefer on this? OM: Rats, I'll take Asian. MC: You want the Asian? OM: Yeah. MC: Okay, how about eyes? OM: Yes, eyes would be nice, a touch. MC: Eye color sir? OM: Are they, are they realistic, you know, cause I'd like to poke them out. MC: No sir. OM: I'd love a blind woman. MC: No sir, they come with eyeballs and you cannot take the eyes out, they are affixed into the head. OM: How about blue, blue eyed? MC: Blue eyes. Hair? OM: Big hair, big, big black Afro like, like Linc from the Mod Squad, that would be. MC: We don't have the Linc style sir. OM: Jesus Christ, so much for my dream woman, what the fu, what the hell you got? MC: Well we got straight hair, curly hair, long hair, short hair. OM: Well give me the closest to an Afro. MC: Closest to Afro, well that would be long and curly then. OM: Jesus Christ, $4,000 and can't get a frig(Bleep)ing Afro. MC: No Linc Afro sir. · OM: Okay, let's move on. MC: Finger nails. OM: No, no finger nails. MC: Well, you have to put something on there sir. 129 Federal Communications Commission DA 99-116 WXTB-FM 2. OM: Whatever, I'll just pull them off with pliers. Don't worry about it. MC: Pubic hair. OM: Pubic hair. MC: Pubic hair. OM: Do you ever see Don King's hair? MC: Yes. OM: Could you, could you put something like that down there? Sticking out about five inches long. MC: We don't have Don King Afro pubic hair sir. It's curly or it's straight. OM: Natural curly. MC: Natural curly. How about the style of the pubic hair? OM: Style of pubic hair. Jesus, I don't give a sh(Bleep)it about stiff pubic hair. MC: Now we've got shaved, trimmed and natural. OM: Just give me natural, I just want a natural woman, boy. MC: Au naturel. OM: Exactly. MC: That seems to be one of our more popular. OM: Look, look you can spare me the fu(Bleep)cking commentary, I'm just trying to order a fu(Bleep)cking blow up doll. MC: Well sir, it's important that we get the· order right. I don't want you calling me back saying that you got the wrong pubic hair on your doll. OM: Jesus Christ. MC: What kind of entrances would you like? OM: Entrances, what are you talking about? MC: Well, we've got the vaginal and the oral entrance. We've got vaginal and anal or we can do, all together we can go vaginal, anal and oral. OM: Oh. MC: One of our more popular ones. OM: Oh, let's see, three entrances is good for me. Is there any way I could get three anal entrances? MC: Well, what you do with the doll after we ship it out. OM: No, no I wanted you to put three anal entrances on the doll. MC: We cannot put three anal entrances. OM: Cause I'd love, I love a woman with an ass(Bleep)hole for a mouth. MC: They do not come that way. OM: (Unintelligible). Look. MC: Put a mouth. OM: Just give me anal. MC: Anal huh? OM: That's all I need. MC: What kind of breasts would you like on the doll? · OM: Yes, could I possibly get three breasts, that way if I get crazy and cut one off I still got a full set. MC: No sir, they only come with two. OM: Look, this is supposed the ultimate woman, I mean, this is supposed to be my dream doll. I mean, what makes this doll better than any other God damn blow-up doll? 130 Federal Communications Commission DA 99-116 WXTB-FM 3. MC: You are able to put the options that you chose from your own personal liking. OM: You don't seem to have the options that I want. MC: Well sir, we've gone through with, quite an extensive list here and you seem to put together quite a selection of. OM: Yada, yada, yada, I mean, I'm looking, does she scream? MC: No sir. OM: Does she squeal like a pig? MC: No, she doesn't. OM: She got a club foot? MC: No.
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