**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File Nos. EB-03-IH-0122 and  |
|                                  | *) |                              |
| Complaints Against Various       | ** | EB-03-IH-0353[^1]            |
| Television Licensees Concerning  |    |                              |
| Their February 25, 2003          | *  |                              |
| Broadcast of the Program "NYPD   | *) |                              |
| Blue"                            | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: January 25, 2008 Released: January 25, 2008**

By the Commission: Commissioner Tate issuing a separate statement.

# 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,[^2] we find that the ABC Television Network ("ABC")
    affiliated stations and ABC owned-and-operated stations listed in
    the Attachment to this *NAL* aired material that apparently violates
    the federal restrictions regarding the broadcast of indecent
    material.[^3] Specifically, during the February 25, 2003 episode of
    the ABC program "NYPD Blue," aired at 9:00 p.m. Central Standard
    Time 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

2.  Section 1464 of Title 18, United States Code, prohibits the
    broadcast of obscene, indecent, or profane programming.[^4] 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 10 p.m.[^5]

3.  ***Indecency Analysis.*** Enforcement of the provisions restricting
    the broadcast of indecent, obscene, or profane material is an
    important component of the Commission's overall responsibility over
    broadcast radio and television operations. At the same time,
    however, the Commission must be mindful of the First Amendment to
    the United States Constitution and Section 326 of the Act, which
    prohibit the Commission from censoring program material or
    interfering with broadcasters' free speech rights.[^6] As such, in
    making indecency determinations, the Commission proceeds cautiously
    and with appropriate restraint.[^7]

4.  The Commission defines indecent speech as material that, in context,
    depicts or describes sexual or excretory activities or organs in
    terms patently offensive as measured by contemporary community
    standards for the broadcast medium.[^8]

> 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.[^9]

5.  In our assessment of whether broadcast material is patently
    offensive, "the *full context* in which the material appeared is
    critically important."[^10] Three principal factors are significant
    to this contextual analysis: (1) the explicitness or graphic nature
    of the material; (2) whether the material dwells on or repeats at
    length depictions or descriptions of sexual or excretory organs or
    activities; and (3) whether the material panders to, titillates, or
    shocks the audience.[^11] In examining these three factors, we must
    weigh and balance them on a case-by-case basis to determine whether
    the broadcast material is patently offensive because "\[e\]ach
    indecency case presents its own particular mix of these, and
    possibly, other factors."[^12] In particular cases, one or two of
    the factors may outweigh the others, either rendering the broadcast
    material patently offensive and consequently indecent,[^13] or,
    alternatively, removing the broadcast material from the realm of
    indecency.

6.  ***Forfeiture Calculations.*** This *NAL* is issued pursuant to
    Section 503(b)(1) of the Act. Under that provision, any person who
    is determined by the Commission to have willfully or repeatedly
    failed to comply with any provision of the Act or any rule,
    regulation, or order issued by the Commission or to have violated
    Section 1464 of Title 18, United States Code, shall be liable to the
    United States for a forfeiture penalty.[^14] Section 312(f)(1) of
    the Act defines willful as "the conscious and deliberate commission
    or omission of \[any\] act, irrespective of any intent to violate"
    the law.[^15] The legislative history to Section 312(f)(1) clarifies
    that this definition of willful applies to both Sections 312 and
    503(b) of the Act,[^16] and the Commission has so interpreted the
    term in the Section 503(b) context.[^17]

7.  The Commission's *Forfeiture Policy Statement* establishes a base
    forfeiture amount of \$7,000 for the transmission of indecent or
    obscene materials.[^18] The *Forfeiture Policy Statement* also
    specifies that the Commission shall adjust a forfeiture based upon
    consideration of the factors enumerated in Section 503(b)(2)(D) of
    the Act, such as "the nature, circumstances, extent and gravity of
    the violation, and, with respect to the violator, the degree of
    culpability, any history of prior offenses, ability to pay, and such
    other matters as justice may require."[^19] The statutory maximum
    forfeiture amount for violations that occurred in February 2003 is
    \$27,500.[^20]

# DISCUSSION

8.  ***The Programming.*** The Commission received numerous complaints
    alleging that certain affiliates of ABC and ABC owned-and-operated
    stations, as listed in the Attachment, broadcast indecent material
    during the February 25, 2003 episode of the ABC program "NYPD Blue"
    at 9:00 p.m. in the Central and Mountain Standard Time Zones.

9.  The complaints refer to a scene at the beginning of the program,
    during which a woman and a boy, who appears to be about seven or
    eight years old, are involved in an incident that includes adult
    female nudity. As confirmed by a tape of the program provided by
    ABC, during the scene in question, a woman wearing a robe is shown
    entering a bathroom, closing the door, and then briefly looking at
    herself in a mirror hanging above a sink. The camera then shows her
    crossing the room, turning on the shower, and returning to the
    mirror. With her back to the camera, she removes her robe, thereby
    revealing the side of one of her breasts and a full view of her
    back. The camera shot includes a full view of her buttocks and her
    upper legs as she leans across the sink to hang up her robe. The
    camera then tracks her, in profile, as she walks from the mirror
    back toward the shower. Only a small portion of the side of one of
    her breasts is visible. Her pubic area is not visible, but her
    buttocks are visible from the side.

10. The scene shifts to a shot of a young boy lying in bed, kicking back
    his bed covers, getting up, and then walking toward the bathroom.
    The camera cuts back to the woman, who is now shown standing naked
    in front of the shower, her back to the camera. The frame consists
    initially of a full shot of her naked from the back, from the top of
    her head to her waist; the camera then pans down to a shot of her
    buttocks, lingers for a moment, and then pans up her back. The
    camera then shifts back to a shot of the boy opening the bathroom
    door. As he opens the door, the woman, who is now standing in front
    of the mirror with her back to the door, gasps, quickly turns to
    face the boy, and freezes momentarily. The camera initially focuses
    on the woman's face but then cuts to a shot taken from behind and
    through her legs, which serve to frame the boy's face as he looks at
    her with a somewhat startled expression. The camera then jumps to a
    front view of the woman's upper torso; a full view of her breasts is
    obscured, however, by a silhouette of the boy's head and ears. After
    the boy backs out of the bathroom and shuts the door, the camera
    shows the woman facing the door, with one arm and hand covering her
    breasts and the other hand covering her pubic area. The scene ends
    with the boy's voice, heard through the closed door, saying "sorry,"
    and the woman while looking embarrassed, responds, "It's okay. No
    problem." The complainants contend that such material is indecent
    and request that the Commission impose sanctions against the
    licensees responsible for broadcasting this material.

11. ***Indecency Analysis.*** As an initial matter, we find that the
    programming at issue is within the scope of our indecency definition
    because it depicts sexual organs and excretory organs --
    specifically an adult woman's buttocks.[^21] Although ABC argues,
    without citing any authority, that the buttocks are not a sexual
    organ,[^22] we reject this argument, which runs counter to both case
    law[^23] and common sense.

12. We also find that the material is, in the context presented here,
    patently offensive as measured by contemporary community standards
    for the broadcast medium. Turning to the first principal factor in
    our contextual analysis, the scene contains explicit and graphic
    depictions of sexual organs. The scene depicts multiple, close-range
    views of an adult woman's naked buttocks. In this respect, this case
    is similar to other cases in which we have held depictions of nudity
    to be graphic and explicit.[^24]

13. Turning to the second factor in our contextual analysis, although
    not dispositive, we find that the broadcast dwells on and repeats
    the sexual material. We have held that repetition and persistent
    focus on sexual or excretory material is a relevant factor in
    evaluating the potential offensiveness of broadcasts.[^25] Here, the
    scene in question revolves around the woman's nudity and includes
    several shots of her naked buttocks. The material is thus dwelled
    upon and repeated.

14. With respect to the third factor, we find that the scene's depiction
    of adult female nudity, particularly the repeated shots of a woman's
    naked buttocks, is titillating and shocking. ABC concedes that the
    scene included back and side nudity, but contends that it was "not
    presented in a lewd, prurient, pandering, or titillating way."[^26]
    ABC asserts that the purpose of the scene was to "illustrate\[\] the
    complexity and awkwardness involved when a single parent brings a
    new romantic partner into his or her life," and that the nudity was
    not included to depict an attempted seduction or a sexual response
    from the young boy.[^27] Even accepting ABC's assertions as to the
    purpose of the scene, they do not alter our conclusion that the
    scene's depiction of adult female nudity is titillating and
    shocking. As discussed above, the scene includes multiple, close-up
    views of the woman's nude buttocks, with the camera at one point
    panning down her naked back for a lingering shot of her buttocks.
    The partial views of the woman's breasts, as well as the camera
    shots of the boy's shocked face from between her legs and of her
    upper torso from behind his head, are also relevant contextual
    factors that serve to heighten the titillating and shocking nature
    of the scene. Thus, we find that the scene in question, which
    included repeated and lingering images of a woman naked from the
    back, with close-up views of her naked buttocks, presented adult
    female nudity in a manner that shocks and titillates viewers.

15. Finally, we reject ABC's argument that, because of the "modest
    number of complaints" the network received,[^28] and the program's
    generally high ratings,[^29] the contemporary community standards of
    the viewing community embrace, rather than reject, this particular
    material. As a matter of clarification, while ABC may not have
    received many complaints about the program, the Commission received
    numerous complaints, including thousands of letters from members of
    various citizen advocacy groups. The Commission's indecency
    determinations are not governed by the number of complaints received
    about a given program, however, nor do they turn on whether the
    program or the station that broadcast it happens to be popular in
    its particular market.[^30] Indeed, with respect to the latter
    factor, the fact that the program is watched by a significant number
    of viewers serves to increase the likelihood that children were
    among those who may have seen the indecent broadcasts, thereby
    increasing the public harm from the licensees' misconduct.

16. In sum, although the broadcast of nudity is not necessarily indecent
    in all contexts,[^31] taking into account the three principal
    factors in our contextual analysis, we conclude that the broadcast
    of the material at issue here is apparently indecent. As reviewed
    above, the material in this episode was explicit, dwelled upon, and
    shocking, pandering and titillating. The complained-of material was
    broadcast by the licensees listed in the Attachment 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.[^32] Although ABC
    included in the program a warning that "this police drama contains
    adult language and partial nudity,"[^33] the Supreme Court has ruled
    that such warnings are not necessarily effective because the
    audience is constantly changing stations.[^34] Therefore,
    notwithstanding the warning, there is a reasonable risk that
    children may have been in the audience and the broadcast is legally
    actionable.[^35]

17. ***Forfeiture Calculation.*** We find that the ABC affiliates and
    ABC owned-and-operated stations listed in the Attachment consciously
    and deliberately broadcast the programming at issue here.
    Accordingly, we find that each broadcast in apparent violation of 18
    U.S.C. § 1464 and 47 C.F.R. § 73.3999 was willful within the meaning
    of Section 503(b)(1) of the Act, and subject to forfeiture.

18. We therefore turn to the proposed forfeiture amount, which is based
    on the factors enumerated in Section 503(b)(2)(D) of the Act and the
    facts and circumstances of this case. For the following reasons, we
    find that \$27,500 is an appropriate proposed forfeiture for the
    material found to be apparently indecent in this case. The scene
    depicts a nude woman with her buttocks entirely exposed. The
    material was prerecorded, and ABC or its affiliates could have
    edited or declined the content prior to broadcast.[^36] Although ABC
    included a warning, we find that a lower forfeiture is not warranted
    here in light of all the circumstances surrounding the apparent
    violation, including the shocking and titillating nature of the
    scene. On balance and in light of all of the circumstances, we find
    that a \$27,500 forfeiture amount for each station would
    appropriately punish and deter the apparent violation in this case.
    Therefore, we find that each licensee listed in the Attachment is
    apparently liable for a proposed forfeiture of \$27,500 for each
    station that broadcast the February 25, 2003, episode of "NYPD Blue"
    prior to 10 p.m.[^37]

19. Although we are informed that other stations not mentioned in any
    complaint also broadcast the complained-of episode of "NYPD Blue,"
    we propose forfeitures against only those licensees whose broadcasts
    of the material between 6 a.m. and 10 p.m. were actually the subject
    of viewer complaints to the Commission. This result is consistent
    with the approach set forth by the Commission in its most recent
    indecency orders.[^38] As indicated in those orders, our commitment
    to an appropriately restrained enforcement policy justifies this
    more limited approach toward the imposition of forfeiture penalties.
    Accordingly, we propose forfeitures as set forth in the Attachment.

# ordering clauses

20. Accordingly, IT IS ORDERED, pursuant to Section 503(b) of the
    Communications Act of 1934, as amended, and Section 1.80 of the
    Commission's rules, that the licensees of the stations that are
    affiliates of the ABC Television Network and of the stations owned
    and operated by ABC, as enumerated in the Attachment, are hereby
    NOTIFIED of their APPARENT LIABILITY FOR FORFEITURE in the amount of
    \$27,500 per station for willfully violating 18 U.S.C. § 1464 and
    Section 73.3999 of the Commission's rules by their broadcast of the
    program "NYPD Blue" on February 25, 2003.

21. IT IS FURTHER ORDERED that a copies of this *NAL* shall be sent by
    Certified Mail, Return Receipt Requested, to John W. Zucker, Senior
    Vice President, Law & Regulation, ABC Inc., 77 West 66^th^ Street,
    New York, New York 20024, and to Susan L. Fox, Vice President,
    Government Relations, The Walt Disney Company, 1150 17^th^ Street,
    N.W., Suite 400, Washington, D.C. 20036, and to the licensees of the
    stations listed in the Attachment, at their respective addresses
    noted therein.

22. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
    rules, that not later than February 11, 2008, each licensee
    identified in the Attachment SHALL PAY the full amount of its
    proposed forfeiture or SHALL FILE a written statement seeking
    reduction or cancellation of their proposed forfeiture.

23. Payment of the forfeitures must be made by check or similar
    instrument, payable to the order of the Federal Communications
    Commission. Payments must include the relevant NAL/Acct. No. and FRN
    No. referenced in the Attachment. Payment by check or money order
    may be mailed to Federal Communications Commission, P.O. Box 358340,
    Pittsburgh, Pennsylvania 15251-8340. Payment by overnight mail may
    be sent to Mellon Bank/LB 358340, 500 Ross Street, Room 1540670,
    Pittsburgh, Pennsylvania 15251. Payment by wire transfer may be made
    to ABA Number 043000261, receiving bank Mellon Bank, and account
    number 911-6106.

24. The responses, if any, must be mailed to Benigno E. Bartolome,
    Acting Chief, Investigations and Hearings Division, Enforcement
    Bureau, Federal Communications Commission, 445 12^th^ Street, S.W.,
    Room 4-C330, Washington D.C. 20554, and MUST INCLUDE the relevant
    NAL/Acct. No. referenced for each proposed forfeiture in the
    Attachment hereto.

25. The Commission will not consider reducing or canceling a forfeiture
    in response to a claim of inability to pay unless the respondent
    submits: (1) federal tax returns for the most recent three-year
    period; (2) financial statements prepared according to generally
    accepted accounting practices ("GAAP"); or (3) some other reliable
    and objective documentation that accurately reflects the
    respondent's current financial status. Any claim of inability to pay
    must specifically identify the basis for the claim by reference to
    the financial documentation submitted.

26. Requests for payment of the full amount of this *NAL* under an
    installment plan should be sent to: Associate Managing Director --
    Financial Operations, 445 12th Street, S.W., Room 1-A625,
    Washington, D.C. 20554.[^39]

27. Accordingly, IT IS ORDERED that the complaints in this *NAL*
    proceeding ARE GRANTED to the extent indicated herein, AND ARE
    OTHERWISE DENIED, and the complaint proceeding IS HEREBY
    TERMINATED.[^40]

[]{.mark}

> FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**[ATTACHMENT]{.underline}**

**[Proposed Forfeitures For February 25, 2003]{.underline}**

**[Broadcasts Of "NYPD Blue"]{.underline}**

+---------+-----------+---------------+-----------+-------+----------+
| **L     | **FRN**   | **NAL Acct.   | **Station | **Fac | **       |
| icensee | **No**.   | No.**         | Call Sign | ility | Proposed |
| Name    |           |               | and       | ID    | Fo       |
| and     |           |               | Community | N     | rfeiture |
| Mailing |           |               | of        | os.** | Amount** |
| Ad      |           |               | License** |       |          |
| dress** |           |               |           |       |          |
+=========+===========+===============+===========+=======+==========+
| Cedar   | 0         | 200832080013  | KCRG-TV   | 9719  | \$27,500 |
| Rapids  | 002589489 |               |           |       |          |
| Tel     |           |               | Cedar     |       |          |
| evision |           |               | Rapids,   |       |          |
| C       |           |               | IA        |       |          |
| ompany, |           |               |           |       |          |
| 2^nd^   |           |               |           |       |          |
| Avenue  |           |               |           |       |          |
| at      |           |               |           |       |          |
| 5^th^   |           |               |           |       |          |
| Street, |           |               |           |       |          |
| NE,     |           |               |           |       |          |
| Cedar   |           |               |           |       |          |
| Rapids, |           |               |           |       |          |
| IA      |           |               |           |       |          |
| 52401   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Centex  | 0         | 200832080014  | KXXV(TV)  | 9781  | \$27,500 |
| Tel     | 001675719 |               |           |       |          |
| evision |           |               | Waco, TX  |       |          |
| Limited |           |               |           |       |          |
| Partn   |           |               |           |       |          |
| ership, |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 2522,   |           |               |           |       |          |
| Waco,   |           |               |           |       |          |
| TX      |           |               |           |       |          |
| 76702   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Channel | 0         | 200832080015  | KBMT(TV)  | 10150 | \$27,500 |
| 12 of   | 006587307 |               |           |       |          |
| Be      |           |               | Beaumont, |       |          |
| aumont, |           |               | TX        |       |          |
| Inc.,   |           |               |           |       |          |
|         |           |               |           |       |          |
| 525     |           |               |           |       |          |
| Int     |           |               |           |       |          |
| erstate |           |               |           |       |          |
| H       |           |               |           |       |          |
| ighway, |           |               |           |       |          |
| 10      |           |               |           |       |          |
| South,  |           |               |           |       |          |
| Be      |           |               |           |       |          |
| aumont, |           |               |           |       |          |
| TX      |           |               |           |       |          |
| 77701   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Citadel | 0         | 200832080016  | KLKN(TV)  | 11264 | \$27,500 |
| C       | 003757481 |               |           |       |          |
| ommunic |           |               | Lincoln,  |       |          |
| ations, |           |               | NE        |       |          |
| LLC, 44 |           |               |           |       |          |
| Po      |           |               |           |       |          |
| ndfield |           |               |           |       |          |
| Road,   |           |               |           |       |          |
| Suite   |           |               |           |       |          |
| 12,     |           |               |           |       |          |
| Bron    |           |               |           |       |          |
| xville, |           |               |           |       |          |
| NY      |           |               |           |       |          |
| 10708   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| []      | []{.mark} | []{.mark}     | KLTV(TV)  | 68540 | \$27,500 |
| {.mark} |           |               |           |       |          |
|         | 0         | 200832080017  | Tyler, TX | []{.  |          |
| KL      | 015798341 |               |           | mark} |          |
| TV/KTRE |           |               | []{.mark} |       |          |
| License |           |               |           |       |          |
| Subs    |           |               | []{.mark} |       |          |
| idiary, |           |               |           |       |          |
| LLC,    |           |               |           |       |          |
| 201     |           |               |           |       |          |
| Monroe  |           |               |           |       |          |
| Street, |           |               |           |       |          |
| RSA     |           |               |           |       |          |
| Tower   |           |               |           |       |          |
| 20^th^  |           |               |           |       |          |
| Floor,  |           |               |           |       |          |
| Mont    |           |               |           |       |          |
| gomery, |           |               |           |       |          |
| AL      |           |               |           |       |          |
| 36104   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Duhamel | 0         | 200832080018  | KOTA-TV   | 17688 | \$27,500 |
| Broad   | 002433340 |               |           |       |          |
| casting |           |               | Rapid     |       |          |
| Enter   |           |               | City, SD  |       |          |
| prises, |           |               |           |       |          |
| 518 St. |           |               |           |       |          |
| Joseph  |           |               |           |       |          |
| S       |           |               |           |       |          |
| treet,, |           |               |           |       |          |
| Rapid   |           |               |           |       |          |
| City,   |           |               |           |       |          |
| SD      |           |               |           |       |          |
| 57701   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Forum   | 0         | 200832080019  | WDAY-TV   | 22129 | \$27,500 |
| Communi | 002480085 |               |           |       |          |
| cations |           |               | Fargo, ND |       |          |
| C       |           |               |           |       |          |
| ompany, |           |               |           |       |          |
| 301     |           |               |           |       |          |
| 8^th^   |           |               |           |       |          |
| Street  |           |               |           |       |          |
| South,  |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 2466,   |           |               |           |       |          |
| Fargo,  |           |               |           |       |          |
| ND      |           |               |           |       |          |
| 58103   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Gray    | []{.mark} | 200832080020  | KAKE-TV   | 65522 | \$27,500 |
| Tel     |           |               |           |       |          |
| evision | 0         |               | Wichita,  |       |          |
| L       | 002746022 |               | KS        |       |          |
| icensee |           |               |           |       |          |
| Corp.,  |           |               |           |       |          |
| 1500    |           |               |           |       |          |
| North   |           |               |           |       |          |
| West    |           |               |           |       |          |
| Street, |           |               |           |       |          |
| W       |           |               |           |       |          |
| ichita, |           |               |           |       |          |
| KS      |           |               |           |       |          |
| 67203   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Gray    | 0         | 200832080021  | KLBY(TV)  | 65523 | \$27,500 |
| Tel     | 002746022 |               |           |       |          |
| evision |           |               | Colby, KS |       |          |
| Li      |           |               |           |       |          |
| censee, |           |               |           |       |          |
| Inc.,   |           |               |           |       |          |
|         |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box 10, |           |               |           |       |          |
| W       |           |               |           |       |          |
| ichita, |           |               |           |       |          |
| KS      |           |               |           |       |          |
| 67201   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| K       | 0         | 200832080022  | KSTP-TV   | 28010 | \$27,500 |
| STP-TV, | 009769621 |               |           |       |          |
| LLC,    |           |               | St. Paul, |       |          |
| 3415    |           |               | MN        |       |          |
| Uni     |           |               |           |       |          |
| versity |           |               |           |       |          |
| Avenue, |           |               |           |       |          |
| West,   |           |               |           |       |          |
| St.     |           |               |           |       |          |
| Paul,   |           |               |           |       |          |
| MN      |           |               |           |       |          |
| 551     |           |               |           |       |          |
| 14-2099 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KATC    | 0         | 200832080023  | KATC(TV)  | 33471 | \$27,500 |
| C       | 003822285 |               |           |       |          |
| ommunic |           |               | L         |       |          |
| ations, |           |               | afayette, |       |          |
| Inc.,   |           |               | LA        |       |          |
| 1103    |           |               |           |       |          |
| Eraste  |           |               |           |       |          |
| Landry  |           |               |           |       |          |
| Road,   |           |               |           |       |          |
| Laf     |           |               |           |       |          |
| ayette, |           |               |           |       |          |
| LA      |           |               |           |       |          |
| 70506   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KATV,   | 0         | 200832080024  | KATV(TV)  | 33543 | \$27,500 |
| LLC, P. | 001694462 |               |           |       |          |
| O. Box  |           |               | Little    |       |          |
| 77,     |           |               | Rock, AR  |       |          |
| Little  |           |               |           |       |          |
| Rock,   |           |               |           |       |          |
| AR      |           |               |           |       |          |
| 72203   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KDNL    | 0         | 200832080025  | KDNL-TV   | 56524 | \$27,500 |
| Li      | 002144459 |               |           |       |          |
| censee, |           |               | St.       |       |          |
| LLC,    |           |               | Louis, MO |       |          |
| c/o     |           |               |           |       |          |
| Pi      |           |               |           |       |          |
| llsbury |           |               |           |       |          |
| W       |           |               |           |       |          |
| inthrop |           |               |           |       |          |
| Shaw    |           |               |           |       |          |
| P       |           |               |           |       |          |
| ittman, |           |               |           |       |          |
| LLP,    |           |               |           |       |          |
| 2300 N  |           |               |           |       |          |
| Street, |           |               |           |       |          |
| NW,     |           |               |           |       |          |
| Wash    |           |               |           |       |          |
| ington, |           |               |           |       |          |
| DC      |           |               |           |       |          |
| 200     |           |               |           |       |          |
| 37-1128 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KETV    | 0         | 200832080026  | KETV(TV)  | 53903 | \$27,500 |
| Hearst  | 003799855 |               |           |       |          |
| -Argyle |           |               | Omaha, NE |       |          |
| Tele    |           |               |           |       |          |
| vision, |           |               |           |       |          |
| Inc.,   |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Brooks, |           |               |           |       |          |
| Pierce, |           |               |           |       |          |
| et al,  |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KFBB    | 0         | 200832080027  | KFBB-TV   | 34412 | \$27,500 |
| Corpo   | 011094281 |               |           |       |          |
| ration, |           |               | Great     |       |          |
| L.L.C., |           |               | Falls, MT |       |          |
| c/o     |           |               |           |       |          |
| Wooster |           |               |           |       |          |
| Rep     |           |               |           |       |          |
| ublican |           |               |           |       |          |
| P       |           |               |           |       |          |
| rinting |           |               |           |       |          |
| C       |           |               |           |       |          |
| ompany, |           |               |           |       |          |
| 40 S    |           |               |           |       |          |
| Linden  |           |               |           |       |          |
| Ave,    |           |               |           |       |          |
| Al      |           |               |           |       |          |
| liance, |           |               |           |       |          |
| OH      |           |               |           |       |          |
| 446     |           |               |           |       |          |
| 01-2447 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KHBS    | 0         | 200832080028  | KHOG-TV   | 60354 | \$27,500 |
| Hearst  | 001587088 |               |           |       |          |
| -Argyle |           |               | Faye      |       |          |
| Tele    |           |               | tteville, |       |          |
| vision, |           |               | AR        |       |          |
| Inc.,   |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Brooks, |           |               |           |       |          |
| Pierce, |           |               |           |       |          |
| et al,  |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KMBC    | 0         | 200832080029  | KMBC-TV   | 65686 | \$27,500 |
| Hearst  | 001675974 |               |           |       |          |
| -Argyle |           |               | Kansas    |       |          |
| Tele    |           |               | City, MO  |       |          |
| vision, |           |               |           |       |          |
| Inc.,   |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Brooks, |           |               |           |       |          |
| Pierce, |           |               |           |       |          |
| et al,  |           |               |           |       |          |
| P.O.    |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
|         |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KSWO    | 0         | 200832080030  | KSWO-TV   | 35645 | \$27,500 |
| Tel     | 001699248 |               |           |       |          |
| evision |           |               | Lawton,   |       |          |
| C       |           |               | OK        |       |          |
| ompany, |           |               |           |       |          |
| Inc.,   |           |               |           |       |          |
|         |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 708,    |           |               |           |       |          |
| Lawton, |           |               |           |       |          |
| OK      |           |               |           |       |          |
| 73502   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KTBS,   | 0         | 200832080031  | KTBS-TV   | 35652 | \$27,500 |
| Inc.,   | 003727419 |               |           |       |          |
| P. O.   |           |               | Sh        |       |          |
| Box     |           |               | reveport, |       |          |
| 44227,  |           |               | LA        |       |          |
| Shre    |           |               |           |       |          |
| veport, |           |               |           |       |          |
| LA      |           |               |           |       |          |
| 71104   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KTRK    | 0         | 200832080032  | KTRK-TV   | 35675 | \$27,500 |
| Tele    | 012480109 |               |           |       |          |
| vision, |           |               | Houston,  |       |          |
| Inc.,   |           |               | TX        |       |          |
| 77 W.   |           |               |           |       |          |
| 66^th^  |           |               |           |       |          |
| Street, |           |               |           |       |          |
| Floor   |           |               |           |       |          |
| 16, New |           |               |           |       |          |
| York,   |           |               |           |       |          |
| NY      |           |               |           |       |          |
| 100     |           |               |           |       |          |
| 23-6201 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KTUL,   | 0         | 200832080033  | KTUL(TV)  | 35685 | \$27,500 |
| LLC,    | 001694413 |               |           |       |          |
| 3333 S. |           |               | Tulsa, OK |       |          |
| 29^th^  |           |               |           |       |          |
| West    |           |               |           |       |          |
| Avenue, |           |               |           |       |          |
| Tulsa,  |           |               |           |       |          |
| OK      |           |               |           |       |          |
| 74107   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| KVUE    | 0         | 200832080034  | KVUE(TV)  | 35867 | \$27,500 |
| Tele    | 001545581 |               |           |       |          |
| vision, |           |               | Austin,   |       |          |
| Inc.,   |           |               | TX        |       |          |
| 400     |           |               |           |       |          |
| South   |           |               |           |       |          |
| Record  |           |               |           |       |          |
| Street, |           |               |           |       |          |
| Dallas, |           |               |           |       |          |
| TX      |           |               |           |       |          |
| 75202   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Lo      | 0         | 200832080035  | WBRZ-TV   | 38616 | \$27,500 |
| uisiana | 001714344 |               |           |       |          |
| Tel     |           |               | Baton     |       |          |
| evision |           |               | Rouge, LA |       |          |
| Broadc  |           |               |           |       |          |
| asting, |           |               |           |       |          |
| LLC, P. |           |               |           |       |          |
| O. Box  |           |               |           |       |          |
| 2906,   |           |               |           |       |          |
| Baton   |           |               |           |       |          |
| Rouge,  |           |               |           |       |          |
| LA      |           |               |           |       |          |
| 70821   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| McGr    | 0         | 200832080036  | KMGH-TV   | 40875 | \$27,500 |
| aw-Hill | 003476827 |               |           |       |          |
| Broad   |           |               | Denver,   |       |          |
| casting |           |               | CO        |       |          |
| C       |           |               |           |       |          |
| ompany, |           |               |           |       |          |
| 123     |           |               |           |       |          |
| Speer   |           |               |           |       |          |
| Bou     |           |               |           |       |          |
| levard, |           |               |           |       |          |
| Denver, |           |               |           |       |          |
| CO      |           |               |           |       |          |
| 80203   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Media   | 0         | 200832080037  | WMBB(TV)  | 66398 | \$27,500 |
| General | 015751217 |               |           |       |          |
| Commun  |           |               | Panama    |       |          |
| ication |           |               | City, FL  |       |          |
| Ho      |           |               |           |       |          |
| ldings, |           |               |           |       |          |
| LLC,,   |           |               |           |       |          |
| 333 E.  |           |               |           |       |          |
| F       |           |               |           |       |          |
| ranklin |           |               |           |       |          |
| Street, |           |               |           |       |          |
| Ri      |           |               |           |       |          |
| chmond, |           |               |           |       |          |
| VA      |           |               |           |       |          |
| 232     |           |               |           |       |          |
| 19-2213 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Mission | 0         | 200832080038  | KODE-TV   | 18283 | \$27,500 |
| Broadc  | 004284899 |               |           |       |          |
| asting, |           |               | Joplin,   |       |          |
| Inc.,   |           |               | MO        |       |          |
| 544 Red |           |               |           |       |          |
| Rock    |           |               |           |       |          |
| Drive,  |           |               |           |       |          |
| Wad     |           |               |           |       |          |
| sworth, |           |               |           |       |          |
| OH      |           |               |           |       |          |
| 44281   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Miss    | 0         | 200832080039  | WABG-TV   | 43203 | \$27,500 |
| issippi | 003828753 |               |           |       |          |
| Broad   |           |               | G         |       |          |
| casting |           |               | reenwood, |       |          |
| Pa      |           |               | MS        |       |          |
| rtners, |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Anne    |           |               |           |       |          |
| S       |           |               |           |       |          |
| wanson, |           |               |           |       |          |
| Dow     |           |               |           |       |          |
| Lohnes  |           |               |           |       |          |
| PLLC,   |           |               |           |       |          |
| 1200    |           |               |           |       |          |
| New     |           |               |           |       |          |
| Ha      |           |               |           |       |          |
| mpshire |           |               |           |       |          |
| Avenue, |           |               |           |       |          |
| NW,     |           |               |           |       |          |
| Suite   |           |               |           |       |          |
| 800,    |           |               |           |       |          |
| Was     |           |               |           |       |          |
| hington |           |               |           |       |          |
| DC      |           |               |           |       |          |
| 200     |           |               |           |       |          |
| 36-6802 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Nexstar | 0         | 200832080040  | WDHN(TV)  | 43846 | \$27,500 |
| Broadc  | 009961889 |               |           |       |          |
| asting, |           |               | Dothan,   |       |          |
| Inc.,   | []{.mark} |               | AL        |       |          |
| 909     |           |               |           |       |          |
| Lake    |           |               |           |       |          |
| Carolyn |           |               |           |       |          |
| P       |           |               |           |       |          |
| arkway, |           |               |           |       |          |
| Suite   |           |               |           |       |          |
| 1450,   |           |               |           |       |          |
| Irving, |           |               |           |       |          |
| TX      |           |               |           |       |          |
| 75039   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| New     | 0         | 200832080041  | WQAD-TV   | 73319 | \$27,500 |
| York    | 003481587 |               |           |       |          |
| Times   |           |               | Moline,   |       |          |
| Man     |           |               | IL        |       |          |
| agement |           |               |           |       |          |
| S       |           |               |           |       |          |
| ervices |           |               |           |       |          |
| Co.     |           |               |           |       |          |
|         |           |               |           |       |          |
| c/o New |           |               |           |       |          |
| York    |           |               |           |       |          |
| Times   |           |               |           |       |          |
| Co.     |           |               |           |       |          |
|         |           |               |           |       |          |
| 229 W.  |           |               |           |       |          |
| 43^rd^  |           |               |           |       |          |
| Street  |           |               |           |       |          |
|         |           |               |           |       |          |
| New     |           |               |           |       |          |
| York,   |           |               |           |       |          |
| NY      |           |               |           |       |          |
| 100     |           |               |           |       |          |
| 36-3913 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Nexstar | []{.mark} | []{.mark}     | KQTV(TV)  | 20427 | \$27,500 |
| Broadc  |           |               |           |       |          |
| asting, | 0         | 200832080042  | St.       |       |          |
| Inc.,   | 009961889 |               | Joseph,   |       |          |
| 909     |           |               | MO        |       |          |
| Lake    | []{.mark} |               |           |       |          |
| Carolyn |           |               |           |       |          |
| P       | []{.mark} |               |           |       |          |
| arkway, |           |               |           |       |          |
| Suite   |           |               |           |       |          |
| 1450,   |           |               |           |       |          |
| Irving, |           |               |           |       |          |
| TX      |           |               |           |       |          |
| 75039   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| No      | 0         | 200832080043  | KTKA-TV   | 49397 | \$27,500 |
| rtheast | 001841766 |               |           |       |          |
| Kansas  |           |               | Topeka,   |       |          |
| Br      |           |               | KS        |       |          |
| oadcast |           |               |           |       |          |
| S       |           |               |           |       |          |
| ervice, |           |               |           |       |          |
| Inc.,   |           |               |           |       |          |
| 2121    |           |               |           |       |          |
| S.W.    |           |               |           |       |          |
| Chelsea |           |               |           |       |          |
| Avenue, |           |               |           |       |          |
| Topeka, |           |               |           |       |          |
| KS      |           |               |           |       |          |
| 66604   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| NPG of  | 0         | 200832080044  | KVIA-TV   | 49832 | \$27,500 |
| Texas,  | 006548028 |               |           |       |          |
| L.P.,   |           |               | El Paso,  |       |          |
| 4140    |           |               | TX        |       |          |
| Rio     |           |               |           |       |          |
| Bravo,  |           |               |           |       |          |
| El      |           |               |           |       |          |
| Paso,   |           |               |           |       |          |
| TX      |           |               |           |       |          |
| 79902   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Ohio/O  | 0         | 200832080045  | KOCO-TV   | 12508 | \$27,500 |
| klahoma | 001587609 |               |           |       |          |
| Hearst  |           |               | Oklahoma  |       |          |
| -Argyle |           |               | City, OK  |       |          |
| Tele    |           |               |           |       |          |
| vision, |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Brooks  |           |               |           |       |          |
| Pierce  |           |               |           |       |          |
| et al,  |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| P       | 0         | 200832080046  | WAAY-TV   | 57292 | \$55,000 |
| iedmont | 004063483 |               |           |       |          |
| Tel     |           |               | Hu        | 35630 |          |
| evision |           |               | ntsville, |       |          |
| of      |           |               | AL        |       |          |
| Hun     |           |               |           |       |          |
| tsville |           |               | KSPR(TV)  |       |          |
| L       |           |               |           |       |          |
| icense, |           |               | Spr       |       |          |
| LLC,    |           |               | ingfield, |       |          |
| c/o     |           |               | MO        |       |          |
| P       |           |               |           |       |          |
| iedmont |           |               |           |       |          |
| Tel     |           |               |           |       |          |
| evision |           |               |           |       |          |
| H       |           |               |           |       |          |
| oldings |           |               |           |       |          |
| LLC,    |           |               |           |       |          |
| 7621    |           |               |           |       |          |
| Little  |           |               |           |       |          |
| Avenue, |           |               |           |       |          |
| Suite   |           |               |           |       |          |
| 506,    |           |               |           |       |          |
| Cha     |           |               |           |       |          |
| rlotte, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 28226   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Polla   | 0         | 200832080047  | KLAX-TV   | 52907 | \$27,500 |
| ck/Belz | 006096200 |               |           |       |          |
| Communi |           |               | Al        |       |          |
| cations |           |               | exandria, |       |          |
| Co.,    |           |               | LA        |       |          |
| Inc.,   |           |               |           |       |          |
| 5500    |           |               |           |       |          |
| Poplar  |           |               |           |       |          |
| Lane,   |           |               |           |       |          |
| M       |           |               |           |       |          |
| emphis, |           |               |           |       |          |
| TN      |           |               |           |       |          |
| 381     |           |               |           |       |          |
| 19-3716 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Post-N  | 0         | []{.mark}     | KSAT-TV   | 53118 | \$27,500 |
| ewsweek | 002149953 |               |           |       |          |
| St      |           | 200832080048  | San       |       |          |
| ations, | []{.mark} |               | Antonio,  |       |          |
| San     |           |               | TX        |       |          |
| A       |           |               |           |       |          |
| ntonio, |           |               |           |       |          |
| Inc.,   |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Post-N  |           |               |           |       |          |
| ewsweek |           |               |           |       |          |
| St      |           |               |           |       |          |
| ations, |           |               |           |       |          |
| 550     |           |               |           |       |          |
| West    |           |               |           |       |          |
| La      |           |               |           |       |          |
| fayette |           |               |           |       |          |
| Bou     |           |               |           |       |          |
| levard, |           |               |           |       |          |
| D       |           |               |           |       |          |
| etroit, |           |               |           |       |          |
| MI      |           |               |           |       |          |
| 482     |           |               |           |       |          |
| 26-3140 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Scripps | 0         | 200832080049  | KNXV-TV   | 59440 | \$27,500 |
| Howard  | 012487609 |               |           |       |          |
| Broad   |           |               | Phoenix,  |       |          |
| casting |           |               | AZ        |       |          |
| Co.,    |           |               |           |       |          |
| 312     |           |               |           |       |          |
| Walnut  |           |               |           |       |          |
| Street, |           |               |           |       |          |
| Cinc    |           |               |           |       |          |
| innati, |           |               |           |       |          |
| OH      |           |               |           |       |          |
| 45202   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| S       | 0         | 200832080050  | WKDH(TV)  | 83310 | \$27,500 |
| outhern | 005411632 |               |           |       |          |
| Broadc  |           |               | Houston,  |       |          |
| asting, |           |               | MS        |       |          |
| Inc.,   |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1645,   |           |               |           |       |          |
| Tupelo, |           |               |           |       |          |
| MS      |           |               |           |       |          |
| 38802   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Te      | 0         | 200832080051  | WBBJ-TV   | 65204 | \$27,500 |
| nnessee | 003828696 |               |           |       |          |
| Broad   |           |               | Jackson,  |       |          |
| casting |           |               | TN        |       |          |
| Pa      |           |               |           |       |          |
| rtners, |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Russell |           |               |           |       |          |
| Sc      |           |               |           |       |          |
| hwartz, |           |               |           |       |          |
| One     |           |               |           |       |          |
| Tel     |           |               |           |       |          |
| evision |           |               |           |       |          |
| Place,  |           |               |           |       |          |
| Cha     |           |               |           |       |          |
| rlotte, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 28205   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Tribune | 0         | 200832080052  | WGNO(TV)  | 72119 | \$27,500 |
| Tel     | 002847564 |               |           |       |          |
| evision |           |               | New       |       |          |
| New     |           |               | Orleans,  |       |          |
| O       |           |               | LA        |       |          |
| rleans, |           |               |           |       |          |
| Inc., 1 |           |               |           |       |          |
| G       |           |               |           |       |          |
| alleria |           |               |           |       |          |
| Bou     |           |               |           |       |          |
| levard, |           |               |           |       |          |
| Suite   |           |               |           |       |          |
| 850,    |           |               |           |       |          |
| Me      |           |               |           |       |          |
| tairie, |           |               |           |       |          |
| LA      |           |               |           |       |          |
| 70001   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| WAPT    | 0         | 200832080053  | WAPT(TV)  | 49712 | \$27,500 |
| Hearst  | 005008867 |               |           |       |          |
| -Argyle |           |               | Jackson,  |       |          |
| TV,     |           |               | MS        |       |          |
| Inc.,   |           |               |           |       |          |
| (CA     |           |               |           |       |          |
| Corp.)  |           |               |           |       |          |
| ,       |           |               |           |       |          |
|         |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| W       | 0         | 200832080054  | WDIO-TV   | 71338 | \$27,500 |
| DIO-TV, | 004199139 |               |           |       |          |
| LLC,    |           |               | Duluth,   |       |          |
| 3415    |           |               | MN        |       |          |
| Uni     |           |               |           |       |          |
| versity |           |               |           |       |          |
| Avenue  |           |               |           |       |          |
| West,   |           |               |           |       |          |
| St.     |           |               |           |       |          |
| Paul,   |           |               |           |       |          |
| MN      |           |               |           |       |          |
| 551     |           |               |           |       |          |
| 14-2099 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| WEAR    | 0         | 200832080055  | WEAR-TV   | 71363 | \$27,500 |
| Li      | 004970935 |               |           |       |          |
| censee, |           |               | P         |       |          |
| LLC,    |           |               | ensacola, |       |          |
| Pil     |           |               | FL        |       |          |
| lsbury, |           |               |           |       |          |
| Wi      |           |               |           |       |          |
| nthrop, |           |               |           |       |          |
| Shaw,   |           |               |           |       |          |
| P       |           |               |           |       |          |
| ittman, |           |               |           |       |          |
| LLP,    |           |               |           |       |          |
| 2300 N  |           |               |           |       |          |
| Street, |           |               |           |       |          |
| NW,     |           |               |           |       |          |
| Wash    |           |               |           |       |          |
| ington, |           |               |           |       |          |
| DC      |           |               |           |       |          |
| 200     |           |               |           |       |          |
| 37-1128 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| W       | []{.mark} | []{.mark}     | WFAA-TV   | 72054 | \$27,500 |
| FAA-TV, |           |               |           |       |          |
| Inc.,   | 0         | 200832080056  | Dallas,   |       |          |
| 400     | 001651496 |               | TX        |       |          |
| South   |           |               |           |       |          |
| Record  | []{.mark} |               |           |       |          |
| Street, |           |               |           |       |          |
| Dallas, | []{.mark} |               |           |       |          |
| TX      |           |               |           |       |          |
| 75202   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| WISN    | 0         | 200832080057  | WISN-TV   | 65680 | \$27,500 |
| Hearst  | 003792603 |               |           |       |          |
| -Argyle |           |               | M         |       |          |
| TV,     |           |               | ilwaukee, |       |          |
| Inc.    |           |               | WI        |       |          |
| (CA     |           |               |           |       |          |
| Corp.), |           |               |           |       |          |
|         |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| WKOW    | 0         | 200832080058  | WKOW-TV   | 64545 | \$27,500 |
| Tele    | 004383683 |               |           |       |          |
| vision, |           |               | Madison,  |       |          |
| Inc.,   |           |               | WI        |       |          |
|         |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 909,    |           |               |           |       |          |
| Quincy, |           |               |           |       |          |
| IL      |           |               |           |       |          |
| 62306   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| WKRN,   | 0         | 200832080059  | WKRN-TV   | 73188 | \$27,500 |
| G.P.,   | 005015037 |               |           |       |          |
| c/o     |           |               | N         |       |          |
| Brooks  |           |               | ashville, |       |          |
| Pierce  |           |               | TN        |       |          |
| et al,  |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| WLS     | 0         | 200832080060  | WLS-TV    | 73226 | \$27,500 |
| Tele    | 003471315 |               |           |       |          |
| vision, |           |               | Chicago,  |       |          |
| Inc.,   |           |               | IL        |       |          |
| 77 W.   |           |               |           |       |          |
| 66^th^  |           |               |           |       |          |
| Street, |           |               |           |       |          |
| Floor   |           |               |           |       |          |
| 16, New |           |               |           |       |          |
| York,   |           |               |           |       |          |
| NY      |           |               |           |       |          |
| 100     |           |               |           |       |          |
| 23-6201 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| W       | 0         | 200832080061  | WSIL-TV   | 73999 | \$27,500 |
| SIL-TV, | 002808137 |               |           |       |          |
| Inc.,   |           |               | Ha        |       |          |
| 5009    |           |               | rrisburg, |       |          |
| South   |           |               | IL        |       |          |
| Hulen,  |           |               |           |       |          |
| Suite   |           |               |           |       |          |
| 101,    |           |               |           |       |          |
| Fort    |           |               |           |       |          |
| Worth,  |           |               |           |       |          |
| TX      |           |               |           |       |          |
| 761     |           |               |           |       |          |
| 32-1989 |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| WX      | 0         | 200832080062  | WXOW-TV   | 64549 | \$27,500 |
| OW-WQOW | 005012216 |               |           |       |          |
| Tele    |           |               | La        |       |          |
| vision, |           |               | Crosse,   |       |          |
| Inc.,   |           |               | WI        |       |          |
| P.O.    |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 909,    |           |               |           |       |          |
| Quincy, |           |               |           |       |          |
| IL      |           |               |           |       |          |
| 62306   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+
| Young   | 0         | 200832080063  | WBAY-TV   | 74417 | \$27,500 |
| Broad   | 004994984 |               |           |       |          |
| casting |           |               | Green     |       |          |
| of      |           |               | Bay, WI   |       |          |
| Green   |           |               |           |       |          |
| Bay,    |           |               |           |       |          |
| Inc.,   |           |               |           |       |          |
| c/o     |           |               |           |       |          |
| Brooks  |           |               |           |       |          |
| Pierce  |           |               |           |       |          |
| et al,  |           |               |           |       |          |
| P. O.   |           |               |           |       |          |
| Box     |           |               |           |       |          |
| 1800,   |           |               |           |       |          |
| R       |           |               |           |       |          |
| aleigh, |           |               |           |       |          |
| NC      |           |               |           |       |          |
| 27602   |           |               |           |       |          |
+---------+-----------+---------------+-----------+-------+----------+

**STATEMENT OF**

**COMMISSIONER DEBORAH TAYLOR TATE**

Our action today should serve as a reminder to all broadcasters that
Congress and American families continue to be concerned about protecting
children from harmful material and that the FCC will enforce the laws of
the land vigilantly. In fact, pursuant to the Broadcast Decency Act of
2005, Congress increased the maximum authorized fines ten-fold. The law
is simple. If a broadcaster makes the decision to show indecent
programming, it must air between the hours of 10 p.m. and 6 a.m. This is
neither difficult to understand nor burdensome to implement.

[^1]: The NAL/Acct. No. and FRN number for each licensee subject to this
    Notice are enumerated in the Attachment.

[^2]: *See* 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.

[^3]: *See* 18 U.S.C. § 1464; 47 C.F.R. § 73.3999.

[^4]: *See* 18 U.S.C. § 1464.

[^5]: *See* 47 C.F.R. § 73.3999.

[^6]: *See* U.S. Const., amend. I; 47 U.S.C. § 326. *See also United
    States v. Playboy Entertainment Group, Inc.,* 529 U.S. 803, 813-15
    (2000).

[^7]: *See Action for Children's Television v. FCC*, 852 F.2d 1332,
    1344, 1340 n. 14 (1988) ("*ACT I*") (stating that "\[b\]roadcast
    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," and that any "potential chilling
    effect of the FCC's generic definition of indecency will be tempered
    by the Commission's restrained enforcement policy.").

[^8]: *See Infinity Broadcasting Corporation of Pennsylvania,*
    Memorandum Opinion and Order, 2 FCC Rcd 2705 (1987) (subsequent
    history omitted) (citing *Pacifica Foundation*, Memorandum Opinion
    and Order, 56 FCC 2d 94, 98 (1975), *aff'd sub nom. FCC v. Pacifica
    Foundation*, 438 U.S. 726 (1978) ("*Pacifica*")).

[^9]: *Industry Guidance on the Commission's Case Law Interpreting 18
    U.S.C. §1464 and Enforcement Policies Regarding Broadcast
    Indecency*, Policy Statement, 16 FCC Rcd 7999, 8002 ¶¶ 7-8 (2001)
    ("*Indecency Policy Statement*") (emphasis in original). In applying
    the "community standards for the broadcast medium" criterion, the
    Commission has stated:

    > The determination as to whether certain programming is patently
    > offensive is not a local one and does not encompass any particular
    > geographic area. Rather, the standard is that of an average
    > broadcast viewer or listener and not the sensibilities of any
    > individual complainant.

    *WPBN/WTOM License Subsidiary, Inc.*, Memorandum Opinion and Order,
    15 FCC Rcd 1838, 1841 ¶ 10 (2000) ("*WPBN/WTOM MO&O*"). The
    Commission's interpretation of the term "contemporary community
    standards" flows from its analysis of the definition of that term
    set forth in the Supreme Court's decision in *Hamling v. United
    States*, 418 U.S. 87 (1974), *reh'g denied*, 419 U.S. 885 (1974). In
    *Infinity Broadcasting Corporation of Pennsylvania (WYSP(FM))*,
    Memorandum Opinion and Order, 3 FCC Rcd 930 (1987) (subsequent
    history omitted), the Commission observed that in *Hamling*, which
    involved obscenity, "the Court explained that the purpose of
    'contemporary community standards' was to ensure that material is
    judged neither on the basis of a decisionmaker's personal opinion,
    nor by its effect on a particularly sensitive or insensitive person
    or group." *Id*. at 933 (citing 418 U.S. at 107). The Commission
    also relied on the fact that the Court in *Hamling* indicated that
    decisionmakers need not use any precise geographic area in
    evaluating material. *Id*. at 933 (citing 418 U.S. at 104-05).
    Consistent with *Hamling*, the Commission concluded that its
    evaluation of allegedly indecent material is "not one based on a
    local standard, but one based on a broader standard for broadcasting
    generally." *Id*. at 933.

[^10]: *Indecency Policy Statement*, 16 FCC Rcd at 8002 ¶ 9 (emphasis in
    original).

[^11]: *See* *id.* at 8002-15 ¶¶ 8-23.

[^12]: *Id.* at 8003 ¶ 10.

[^13]: *See id.* at 8009 ¶ 19 (*citing Tempe Radio, Inc (KUPD-FM)*,
    Notice of Apparent Liability for Forfeiture, 12 FCC Rcd 21828 (Mass
    Media Bur. 1997) (forfeiture paid), and *EZ New Orleans, Inc.
    (WEZB(FM))*, Notice of Apparent Liability for Forfeiture, 12 FCC Rcd
    4147 (Mass Media Bur. 1997) (forfeiture paid) (finding that the
    extremely graphic or explicit nature of references to sex with
    children outweighed the fleeting nature of the references).

[^14]: *See* 47 U.S.C. § 503(b)(1)(B) & D. *See also* 47 C.F.R.
    1.80(a)(1).

[^15]: *See* 47 U.S.C. § 312(f)(1).

[^16]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^17]: *See Southern California Broadcasting Co.*, Memorandum Opinion
    and Order, 6 FCC Rcd 4387, 4388 (1991).

[^18]: *See Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines*,
    Report and Order, 12 FCC Rcd 17087, 17113 (1997), *recon. denied,*
    15 FCC Rcd 303 (1999) ("*Forfeiture Policy Statement*"); *see also*
    47 C.F.R. § 1.80(b).

[^19]: *Forfeiture Policy Statement*, 12 FCC Rcd at 17100-01 ¶ 27.

[^20]: The statutory maximum amount for violations occurring after
    November 13, 2000, and before September 7, 2004, is \$27,500. *See*
    65 FR 60868-01 (2000); *see also* *Amendment of Section 1.80 of the
    Commission's Rules*, Order, 19 FCC Rcd 10945, 10946 ¶ 6 (2004)
    (amending rules to increase maximum penalties due to inflation since
    last adjustment of penalty rates).

[^21]: *See Complaints Regarding Various Television Broadcasts Between
    February 2, 2002 and March 8, 2005,* Notices of Apparent Liability
    and Memorandum Opinion and Order, 21 FCC Rcd 2664, 2681 ¶ 62,
    *vacated in part on other grounds*, 21 FCC Rcd 13299 (2006)
    (subsequent history omitted) ("*2006 Indecency Omnibus Order*").

[^22]: *See Response* at 7.

[^23]: *See, e.g., City of Erie v. Pap's A.M*., 529 U.S. 277 (2000)
    (Supreme Court did not disturb a city's indecency ordinance
    prohibiting public nudity, where the buttocks was listed among other
    sexual organs/body parts subject to the ordinance's ban on nudity);
    *Loce v. Time Warner Entertainment Advance/Newhouse Partnership*,
    191 F.3d 256, 269 (2d. Cir. 1999) (upholding state district court's
    determination that Time Warner's decision to not transmit certain
    cable programming that it reasonably believed indecent (some of
    which included "close-up shots of unclothed breasts and buttocks")
    did not run afoul of the Constitution).

[^24]: *S**ee, e.g., Complaints Against Various Television Licensees
    Concerning Their February 1, 2004, Broadcast of the Super Bowl
    XXXVIII Halftime Show*, Notice of Apparent Liability for Forfeiture,
    19 FCC Rcd 19230, 19235 ¶ 13 (2004) ("*Super Bowl NAL")* (finding
    that a broadcast of a performer's exposed breast was graphic and
    explicit), *affirmed*, Forfeiture Order, 21 FCC Rcd 2760 (2006),
    *affirmed*, Order on Reconsideration, 21 FCC Rcd 6653 (2006),
    *appeal pending*. *See also* *Young Broadcasting of San Francisco,
    Inc.*, Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 1751,
    1755 ¶ 11 (2004) ("*Young Broadcasting NAL"*) (finding that a
    broadcast of a performer's exposed penis was graphic and explicit),
    *NAL response pending.*

[^25]: *See Indecency Policy Statement*, 16 FCC Rcd at 8008 ¶ 17 (citing
    cases); *see also Complaints Against Various Licensees Regarding
    Their Broadcast of the Fox Television Network Program "Married By
    America" on April 7, 2003,* Notice of Apparent Liability for
    Forfeiture, 19 FCC Rcd 20191, 20195 ¶ 11 (2004) ("*Married By
    America NAL*") (*NAL response pending*); *Entercom Seattle License,
    LLC,* Order on Review, 19 FCC Rcd 9069, 9073-74 ¶ 13 (2004),
    *petition for recon. pending.*

[^26]: *See* Response at 9.

[^27]: *See* *id*. at 3-4, 9-11.

[^28]: *See id.* at 9, n.7.

[^29]: *See id.* at 9.

[^30]: *See The Rusk Corporation,* Notice of Apparent Liability for
    Forfeiture, 8 FCC Rcd 3228, 3229 (1993) (forfeiture paid).

[^31]: *Compare WPBN/WTOM MO&O*, 15 FCC Rcd at 1840-41 ¶¶ 8-13 (finding
    that nudity in the broadcast of the movie "Schindler's List" was not
    indecent because it was not patently offensive in context) *with
    Young Broadcasting NAL*, 19 FCC Rcd at 1756**,** ¶ 14 (finding that
    exposure of male genitalia was patently offensive because it was
    gratuitous and apparently intended to shock and titillate the
    audience).

[^32]: *See* 47 C.F.R. § 73.3999.

[^33]: Response at 10-11.

[^34]: *See Pacifica*, 438 U.S. at 748-49.

[^35]: *See Action for Children's Television v. FCC,* 58 F. 3d 654,
    660-63 (D.C. Cir. 1995) (*en banc)*, *cert. denied*, 516 U.S. 1072
    (1996).

[^36]: *See Married By America NAL,* 19 FCC Rcd at 20196 ¶ 16.

[^37]: The fact that the stations in question may not have originated
    the programming is irrelevant to whether there is an indecency
    violation. *See Review of the Commission's Regulations Governing
    Programming Practices of Broadcast Television Networks and
    Affiliates,* Notice of Proposed Rulemaking, 10 FCC Rcd 11951,11961,
    ¶ 20 (1995) (internal quotation omitted) ("We conclude that a
    licensee is not fulfilling his obligations to operate in the public
    interest, and is not operating in accordance with the express
    requirements of the Communications Act, if he agrees to accept
    programs on any basis other than his own reasonable decision that
    the programs are satisfactory.").

[^38]: *See 2006 Indecency Omnibus Order*, 21 FCC Rcd at 2673 ¶ 32.

[^39]: *See* 47 C.F.R. § 1.1914.

[^40]: Consistent with Section 503(b) of the Act and consistent
    Commission practice, for the purposes of the forfeiture proceeding
    initiated by this *NAL*, the only parties to such proceeding will be
    the licensees specified in the Attachment.