**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

)

**COMPLAINTS AGAINST VARIOUS** ) File No. EB-03-IH-0110

**BROADCAST LICENSEES** )

**REGARDING THEIR AIRING OF** )

**THE "GOLDEN GLOBE AWARDS"** )

**PROGRAM** [^1] )**\
**)

## 

## 

## MEMORANDUM OPINION AND ORDER

**Adopted:** October 3, 2003 **Released:** October 3, 2003

By the Chief, Enforcement Bureau:

## I. INTRODUCTION

1\. In this *Memorandum Opinion and Order*, issued pursuant to Section
0.111(a)(7) of the Commission's rules,[^2] we deny complaints received
from the Parents Television Council and from certain individuals who
have alleged that various television station licensees aired program
material during the "Golden Globe Awards" program on January 19, 2003,
that violates the federal restrictions regarding the broadcast of
obscene and indecent material.[^3]

**II. BACKGROUND**

2\. The complainants allege that the licensees named in their respective
complaints aired the "Golden Globe Awards" program, during which the
performer Bono uttered the phrase "this is really, really, fucking
brilliant," or "this is fucking great."[^4] The complainants contend
that such material is either obscene and/or indecent, and they request
that the Commission levy sanctions against the licensees for the
broadcast of the subject material.

**III. DISCUSSION**

3\. The Federal Communications Commission is authorized to license radio
and television broadcast stations and is responsible for enforcing the
Commission's rules and applicable statutory provisions concerning the
operation of those stations. The Commission's role in overseeing program
content is very limited. The First Amendment to the United States
Constitution and section 326 of the Communications Act of 1934, as
amended, (the "Act") prohibit the Commission from censoring program
material and from interfering with broadcasters' freedom 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 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 U.S.C. §
1464 and section 73.3999 of the rules.

**A. Indecency Analysis**

4\. Any consideration of government action against allegedly indecent
programming must take into account the fact that such speech is
protected under the First Amendment.[^9] The federal courts consistently
have upheld Congress's authority to regulate the broadcast of indecent
speech, as well the Commission's interpretation and implementation of
the governing statute.[^10] Nevertheless, the First Amendment is a
critical constitutional limitation that demands that, in indecency
determinations, we proceed cautiously and with appropriate
restraint.[^11]

5\. The Commission defines indecent speech as language that, in context,
[^12] depicts or describes sexual or excretory activities or organs in
terms patently offensive as measured by contemporary community standards
for the broadcast medium.[^13]

> Indecency findings involve at least two fundamental determinations.
> First, the material alleged to be indecent must fall within the
> subject matter scope of our indecency definition---that is, the
> material must describe or depict sexual or excretory organs or
> activities. . . . Second, the broadcast must be *patently offensive*
> as measured by contemporary community standards for the broadcast
> medium.[^14]

As a threshold matter, the material aired during the "Golden Globe
Awards" program does not describe or depict sexual and excretory
activities and organs. The word "fucking" may be crude and offensive,
but, in the context presented here, did not describe sexual or excretory
organs or activities. Rather, the performer used the word "fucking" as
an adjective or expletive to emphasize an exclamation. Indeed, in
similar circumstances, we have found that offensive language used as an
insult rather than as a description of sexual or excretory activity or
organs is not within the scope of the Commission's prohibition of
indecent program content.[^15]

6\. Moreover, we have previously found that fleeting and isolated
remarks of this nature do not warrant Commission action.[^16] Thus,
because the complained-of material does not fall within the scope of the
Commission's indecency prohibition, we reject the claims that this
program content is indecent, and we need not reach the second element of
the indecency analysis.

B**. Obscenity Analysis**

6\. To be obscene, material must meet a three-prong test: (1) the
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, artistic, political or
scientific value.[^17] Applying that test, we find that the material
broadcast during the "Golden Globe Awards" program was not obscene. The
use of specific words, including expletives or other "four letter words"
does not render material obscene.[^18] Moreover, the complained-of
material does not depict or describe sexual conduct and thus does not
meet the obscenity standard under *Miller v. California*.[^19] Because
the broadcast does not meet the obscenity standard under *Miller*, we
deny the complaints alleging that the broadcast was obscene.

**IV. CONCLUSION**

7\. IIniII

n view of the foregoing, we conclude that the various licensees that
aired the "Golden Globe Awards" program on January 19, 2003, did not
violate the law, and, therefore, no action is warranted.

**V. ORDERING CLAUSES**

8\. Accordingly, IT IS ORDERED, pursuant to Section 0.111(a)(7) of the
Commission's rules, 47 C.F.R. § 0.111(a)(7), that the complaints filed
against the broadcasts of the "Golden Globe Awards" program on January
19, 2003, by the licensees listed in the attached appendix are hereby
DENIED.

9\. IT IS FURTHER ORDERED, that a copy of this *Memorandum Opinion and
Order* shall be sent by Certified Mail Return Receipt Requested to The
Parents Television Council, 707 Wilshire Boulevard, Los Angeles,
California 90017.

> FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

**[APPENDIX]{.underline}**

  ----------------------- ----------------------- -----------------------
  CALL SIGN               COMMUNITY OF LICENSE    LICENSEE

  KALB-TV                 Alexandria, LA          Media General
                                                  Communications, Inc.

  KARE(TV)                Minneapolis, MN         Multimedia Holdings
                                                  Corp.

  KARK-TV                 Little Rock, AR         KARK-TV, Inc.

  KATV(TV)                Little Rock, AR         KATV, LLC

  KBTV-TV                 Port Arthur, TX         Nexstar Broadcast of
                                                  Beaumont/Port Arthur,
                                                  L.L.C.

  KCBD(TV)                Lubbock, TX             LIBCO, Inc.

  KCEN-TV                 Temple, TX              Channel 6, Inc.

  KCNC-TV                 Denver, CO              CBS Television Stations
                                                  Inc.

  KCRA-TV                 Sacramento, CA          KCRA Hearst-Argyle
                                                  Television, Inc.

  KETK-TV                 Jacksonville, TX        KETK Licensee L.P.

  KFDM-TV                 Beaumont, TX            Freedom Broadcasting of
                                                  Texas, Inc.

  KFOR-TV                 Oklahoma City, OK       New York Times
                                                  Management Services

  KGW(TV)                 Portland, OR            King Broadcasting
                                                  Company

  KHAS-TV                 Hastings, NE            Greater Nebraska
                                                  Television, Inc..

  KING-TV                 Seattle, WA             King Broadcasting
                                                  Company

  KKCO(TV)                Grand Junction, CO      Eagle III Broadcasting,
                                                  LLC

  KNBC(TV)                Los Angeles, CA         NBC Subsidiary
                                                  (KNBC-TV), Inc.

  KNSD(TV)                San Diego, CA           Station Venture
                                                  Operations, LP

  KOAA-TV                 Pueblo, CO              Sangre De Cristo
                                                  Communications, Inc.

  KOB-TV                  Albuquerque, NM         KOB-TV, LLC

  KPNX(TV)                Mesa, AZ                Multimedia Holdings
                                                  Corporation

  KPRC-TV                 Houston, TX             Post-Newsweek Stations,
                                                  Houston, LP

  KRBC-TV                 Abilene, TX             Mission Broadcasting,
                                                  Inc.

  KRIS-TV                 Corpus Christi, TX      KVOA Communications,
                                                  Inc.

  KTGF(TV)                Great Falls, MT         MMM License LLC

  KWBW(TV)                Salinas, CA             Hearst-Argyle Stations,
                                                  Inc.

  KSDK(TV)                St. Louis, MO           Multimedia KSDK, Inc.

  KSHB-TV                 Kansas City, MO         Scripps Howard
                                                  Broadcasting Company

  KSNF(TV)                Joplin, MO              Nexstar Broadcasting of
                                                  Joplin, L.L.C.

  KTEN(TV)                Ada, OK                 Channel 49 Acquisition
                                                  Corp.

  KTIV(TV)                Sioux City, IA          KTIV Television, Inc.

  KUSA-TV                 Denver, CO              Multimedia Holdings
                                                  Corp.

  KWES-TV                 Odessa, TX              Midessa Television
                                                  Company

  KWWL(TV)                Waterloo, IA            Raycom America, Inc.

  KXAS-TV                 Fort Worth, TX          Station Venture
                                                  Operations, LP

  KYTV(TV)                Springfield, MO         KY3, Inc.

  WANE-TV                 Fort Wayne, IN          Indiana Broadcasting,
                                                  LLC

  WAVE(TV)                Louisville, KY          LIBCO, Inc.

  WBBH-TV                 Fort Myers, FL          Waterman Broadcasting
                                                  Corp. of Florida

  WBOY-TV                 Clarksburg, WV          West Virginia Media
                                                  Holdings, LLC

  WBRE-TV                 Wilkes-Barre, PA        Nexstar Broadcasting of
                                                  Northeastern
                                                  Pennsylvania, L.L.C.

  WCAU(TV)                Philadelphia, PA        NBC Subsidiary
                                                  (WCAU-TV), L.P.

  WCNC-TV                 Charlotte, NC           WCNC-TV, Inc.

  WCSH(TV)                Portland, ME            Pacific and Southern
                                                  Company, Inc.

  WCYB-TV                 Bristol, VA             Appalachian
                                                  Broadcasting Corp.

  WDIV-TV                 Detroit, MI             Post-Newsweek Stations,
                                                  Michigan, Inc.

  WDSU(TV)                New Orleans, LA         New Orleans
                                                  Hearst-Argyle
                                                  Television, Inc.

  WESH(TV)                Daytona Beach, FL       Orlando Hearst-Argyle
                                                  Television, Inc.

  WFIE(TV)                Evansville, IN          LIBCO, Inc.

  WFLA-TV                 Tampa, FL               Media General
                                                  Communications, Inc.

  WFMJ-TV                 Youngstown, OH          WFMJ Television, Inc.

  WGAL(TV)                Lancaster, PA           WGAL Hearst-Argyle
                                                  Television, Inc.

  WHDH-TV                 Boston, MA              WHDH-TV

  WHGH-TV                 Thomasville, GA         H.G.H. Investment Corp.

  WHEC-TV                 Rochester, NY           WHEC-TV, LLC

  WHO-TV                  Des Moines, IA          New York Times
                                                  Management Services

  WILX-TV                 Onondaga, MI            Gray Midamerica TV
                                                  Licensee Corp.

  WJAR(TV)                Providence, RI          Outlet Broadcasting,
                                                  Inc.

  WJFW-TV                 Rhinelander, WI         Northland Television,
                                                  Inc.

  WKYC-TV                 Cleveland, OH           WKYC-TV, Inc.

  WLWT(TV)                Cincinnati, OH          Ohio/Oklahoma
                                                  Hearst-Argyle TV, Inc.

  WMAQ-TV                 Chicago, IL             NBC Subsidiary
                                                  (WMAQ-TV), Inc.

  WMC-TV                  Memphis, TN             Raycom America, Inc.

  WMFE-TV                 Orlando, FL             Community
                                                  Communications, Inc.

  WMGT(TV)                Stillwater, MN          Endurance Broadcasting,
                                                  LLC

  WMTV(TV)                Madison, WI             Gray Midamerica TV
                                                  Licensee Corp.

  WNBC(TV)                New York, NY            National Broadcasting
                                                  Company, Inc.

  WNDU-TV                 South Bend, IN          Michiana Telecasting
                                                  Corp.

  WNYT(TV)                Albany, NY              WNYT-TV, LLC

  WOAI-TV                 San Antonio, TX         CCB Texas Licenses,
                                                  L.P.

  WOOD-TV                 Grand Rapids, MI        WOOD License Company,
                                                  LLC

  WOWT-TV                 Omaha, NE               Gray Midamerica TV
                                                  Licensee Corp.

  WPMI(TV)                Mobile, AL              Clear Channel
                                                  Broadcasting Licenses,
                                                  Inc.

  WPXI(TV)                Pittsburgh, PA          WPXI-TV Holdings, Inc.

  WRC-TV                  Washington, DC          NBC Subsidiary
                                                  (WRC-TV), Inc.

  WRCB-TV                 Chattanooga, TN         Sarkes Tarzian, Inc.

  WRIC-TV                 Petersburg, VA          Young Broadcasting of
                                                  Richmond, Inc.

  WSAV-TV                 Savannah, GA            Media General
                                                  Communications, Inc.

  WSAZ-TV                 Huntington, WV          Emmis Television
                                                  License Corp.

  WSFA(TV)                Montgomery, AL          Libco, Inc.

  WSMV-TV                 Nashville, TN           Meredith Corp.

  WTHR(TV)                Indianapolis, IN        Videoindiana, Inc.

  WTMJ-TV                 Milwaukee, WI           Journal Broadcast Corp.

  WTVY(TV)                Dothan, AL              Gray Midamerica TV
                                                  Licensee Corp.

  WVLA(TV)                Baton Rouge, LA         Knight Broadcasting of
                                                  Baton Rouge Lic. Corp.

  WVTM-TV                 Birmingham, AL          Birmingham Broadcasting
                                                  (WVTM TV), Inc.

  WWBT(TV)                Richmond, VA            Jefferson-Pilot
                                                  Communications Company
                                                  of Virginia

  WWLP(TV)                Springfield, MA         WWLP Broadcasting, LLC

  WXIA-TV                 Atlanta, GA             Gannett Georgia, L.P.

  WYFF(TV)                Greenville, SC          WYFF Hearst-Argyle
                                                  Television, Inc.
  ----------------------- ----------------------- -----------------------

[^1]: This *Order* denies 234 complaints that the Commission received
    concerning broadcasts of this program. Of these, 217 were from
    individuals associated with Parents Television Council. *See, e.g.,*
    postcard complaint against Multimedia Entertainment, Inc., licensee
    of Station WGRZ-TV, Buffalo, New York, from Marsha A. Ashton to
    Chief, Investigations and Hearings Division, Enforcement Bureau. The
    Commission received multiple complaints concerning some of the
    stations that aired the material at issue. A list of the stations
    and licensees that are the subject of the complaints is provided as
    an appendix to this *Order*.

[^2]: 47 C.F.R. § 0.111(a)(7) (2002).

[^3]: *See* 47 U.S.C. § 503(b) (2002), 18 U.S.C. § 1464 (2002), and 47
    C.F.R. § 73.3999 (2002).

[^4]: The complaints vary in their characterization of Bono's comments,
    and our analysis here applies equally to both versions.

[^5]: U.S. [Const.]{.smallcaps}, amend. I; 47 U.S.C. § 326 (2002).

[^6]: 18 U.S.C. § 1464.

[^7]: *See* 47 C.F.R. § 73.3999.

[^8]: *See* 47 U.S.C. § 503(b)(1).

[^9]: U.S. [Const.]{.smallcaps}, amend. I; *See Action for Children's
    Television v. FCC*, 852 F.2d 1332, 1344 (D.C. Cir. 1988) ("*ACT
    I*").

[^10]: 18 U.S.C. § 1464; *FCC v. Pacifica Foundation*, 438 U.S. 726
    (1978). *See also ACT I*, 852 F.2d at 1339; *Action for Children's
    Television v. FCC,* 932 F.2d 1504, 1508 (D.C. Cir. 1991)*, cert.
    denied,* 503 U.S. 914 (1992) ("*ACT II*"); *Action for Children's
    Television v. FCC,* 58 F. 3d 654 (D.C. Cir. 1995)*, cert. denied,*
    516 U.S. 1043 (1996) *("ACT III").*

[^11]: *ACT I,* 852 F.2d at 1344 ("Broadcast material that is indecent
    but not obscene is protected by the First Amendment; the FCC may
    regulate such material only with due respect for the high value our
    Constitution places on freedom and choice in what people may say and
    hear.") *See also United States v. Playboy Entertainment Group,
    Inc.*, 529 U.S. 803, 813-15 (2000).

[^12]: The use of specific potentially offensive words is not in and of
    itself indecent. *Industry Guidance on the Commission's Case Law
    Interpreting 18 U.S.C. §1464 and Enforcement Policies Regarding
    Broadcast Indecency ("Indecency Policy Statement")*, 16 FCC Rcd
    7999, 8002 ¶9 ("In determining whether material is patently
    offensive, the *full context* is critically important. It is not
    sufficient to know that explicit sexual terms or descriptions were
    used..., *citing WPBN/WTOM License Subsidiary, Inc.,* 15 FCC Rcd
    1838, 1841 (2000), *Infinity Broadcasting Corp.*, 3 FCC Rcd 930,
    931-32 (1987), *aff'd in part, vacated in part, remanded sub nom ACT
    I,* 852 F.2d 1332 (D.C. Cir. 1988)(subsequent history omitted). *See
    Peter Branton,* 6 FCC Rcd 610 (1991)(subsequent history omitted)(no
    language is *per se* indecent).

[^13]: *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)).

[^14]: *Indecency Policy Statement*, 16 FCC Rcd 7999, 8002 ¶¶ 7-8 (2001)
    *(emphasis in original)*.

[^15]: *Id. See, e.g., Entercom Buffalo License, LLC (WGR(AM)),* 17 FCC
    Rcd 11997, 11999-12000 ¶¶ 7, 9-10 (EB 2002). *See also, Peter
    Branton,* 6 FCC Rcd at 610.

[^16]: *See, e.g., L.M. Communications of South Carolina, Inc.
    (WYBB(FM)),* 7 FCC Rcd 1595 (MMB 1992)(a fleeting and isolated
    utterance ("\[t\]he hell I did, I drove the mother-fucker...")
    within the context of live and spontaneous programming not
    actionable). *See also Industry Guidance On the Commission's Case
    Law Interpreting 18 U.S.C. § 1464 and Enforcement Policies Regarding
    Broadcast Indecency,* 16 FCC Rcd 7999, 8008-09 ¶18 (2001).

[^17]: *See Miller v. California,* 413 U.S. 15, 24 (1973).

[^18]: *See WGBH Educational Foundation (WGBH-TV),* 69 FCC 2d 1250,
    1253-54 (1978)(offensive language, including expletives, does not
    fit within the established definition of obscenity).

[^19]: *See Miller v. California,* 413 U.S. at 18-19, 24.