September 2, 2003

Steven A. Lerman **E-MAIL**

MANAGER SLERMAN@LSL-LAW.COM

\(202\) 416-6765

Ms. Marlene S. Dortch

Secretary

Federal Communications Commission

> 445 Twelfth Street, SW

Washington, D.C. 20554

Re: [Request for Declaratory Ruling Under 47 U.S.C. §
315(a)(2)]{.underline}

[For "The Howard Stern Show"]{.underline}

**Dear Ms. Dortch:**

Infinity Broadcasting Operations Inc. ("Infinity"), licensee of radio
station WXRK(FM) ("Station"), by its attorneys, respectfully requests
the Commission to issue a declaratory ruling that the "The Howard Stern
Show," (the "Program") is a "bona fide news interview" program within
the meaning of pertinent Commission case law, and therefore exempt from
the equal opportunities requirement of Section 315(a) of the
Communications Act of 1934, as amended (the "Act"), 47 U.S.C. § 315(a).

The Program is a news interview program which also contains elements
that are entertainment in nature, as well as daily news reports. The
Commission has recognized on numerous occasions that where programs
include both entertainment and news interview elements, this fact "has
no bearing on the question of whether the actual news interview segments
are worthy of exemption." [Request by CBS Inc.]{.underline}, 2 FCC Rcd
4377, 4377 (1987) ("[The Morning Program]{.underline}").[^1]

Section 315(a) of the Act provides that the following four types of
programs are exempt from the Act's equal opportunities obligations: (1)
bona fide newscasts; (2) bona fide news interviews; (3) bona fide news
documentaries (if the appearance of the candidate is incidental to the
presentation of the subject or subjects covered by the news
documentary); and (4) on-the-spot coverage of bona-fide news events
(including but not limited to political conventions and activities
incidental thereto). Appearances by legally qualified candidates on
these exempt programs do not provide the candidate's opponents with
equal opportunities rights.

To determine whether a program is exempt as a bona fide news interview
program, the Commission considers the following factors: (1) whether it
is regularly scheduled; (2) whether the broadcaster or an independent
producer controls the program; and (3) whether the decisions of the
broadcaster or independent producer with respect to the program's
format, content, and participants are based on newsworthiness rather
than on an intention to advance or harm an individual's candidacy.[^2]
The Program clearly satisfies all three of the factors and therefore
qualifies as an exempt bona fide news interview program.

The Program, which is produced and originates from Infinity's Station in
New York City, is an approximately four-hour broadcast which is
syndicated and airs on a regularly-scheduled basis Monday-Friday. The
Program is carried by approximately forty-five affiliates nationwide,
and has been broadcast by Infinity since November 1985.

Infinity is the broadcaster of the Program, which is hosted by Howard
Stern. The topics discussed and guests interviewed on each daily episode
of the Program are chosen either by Mr. Stern or other employees of
Infinity, all under the ultimate direction and control of Infinity. As
host, Mr. Stern shapes the program's format and conducts all interviews
and discussions. However, Infinity has control over all aspects of the
Program. [See]{.underline} [Jerry Springer]{.underline}, 9 FCC Rcd 2811.

The format, content, and participants in the Program's news interviews
are selected for their newsworthiness -- "their expertise or potential
audience interest." [Sally Jessy Raphael]{.underline}, 6 FCC Rcd at
1798. Guests who happen to be political candidates are not selected in
order to advance their candidacies.

In [Politically Incorrect]{.underline}, the Commission noted that,
following its [Donahue]{.underline} decision, it has continued to grant
exemptions to programs with unique and innovative formats. [Politically
Incorrect]{.underline}, 15 FCC Rcd at n. 9. Indeed, the Commission has
noted that refusing to exempt such programs would "discourage
programming innovation by sending a signal to broadcasters that to be
exempt an interview program should adhere only to the format of certain
programs mentioned by Congress over twenty-five years ago."
[Donahue]{.underline}, 56 RR 2d at 146.

Recent news interviews conducted on the Program include the following:

-   New York Mayor Rudy Giuliani following the September 11 terrorist
    attacks, addressing the state of the city and government, and how
    emergency workers were responding to the aftermath of the attacks
    and the continuing crisis.

-   Mayor Giuliani at later dates commenting on the repercussions of the
    terrorist attacks, current government issues, and his new book.

-   New York Governor George Pataki on the anniversary of the September
    11 terrorist attacks, discussing the impact of these events on the
    State over the prior year and new precautions put into place to deal
    with the possibility of future attacks.

-   Governor Pataki in November 2002 to discuss the upcoming elections.

-   Congressman Gary Ackerman in March 2003 on the morning of the first
    military strikes in Iraq concerning the briefing he had received as
    a Member of Congress.

-   Author Gerard Jones, discussing his new book "Killing Monsters"
    which challenges the theory that violence in the media makes
    children more violent.

-   Dana Reeve, wife of Christopher Reeve, discussing advances in stem
    cell research and her upcoming charity event at Madison Square
    Garden.

-   Roger Ebert discussing his recent bout with cancer and his new book.

-   Paul McCartney discussing his new CD and concert tour.

-   Lisa Daily discussing her new book "Stop Getting Dumped", a
    guidebook for women.

-   Brantley Bardin, Editor of Premiere magazine, discussing Oscar
    nominations.

-   Baseball player David Wells, discussing his return to the New York
    Yankees.

-   Stan Lee, creator of Spiderman, the Hulk, and the X-Men, discussing
    his participation in the new Spiderman movie and his new DVD and
    book.

A more complete list of more than 220 news interviews recently conducted
on the Program is set forth in Exhibit A.

An example of how the Program has served the public interest through the
broadcast of news interviews occurred around the September 11, 2001
terrorist attack. On the day of the attack, the Program continued beyond
its regularly scheduled time, interviewing numerous eyewitnesses about
the attack. Additional news interviews were conducted soon after the
attack. In addition to the interview with Mayor Giuliani, Mr. Stern also
interviewed Chris Whitcomb, an FBI agent who discussed the attacks and
the threat of terrorism, Ian Spieglman, a New York Post Page Six gossip
reporter about the etiquette of reporting gossip in a time of tragedy
and how the media can be used to benefit the public good, and television
personality Bill Maher about his controversial on-air comments
concerning the terrorists. Mr. Stern also interviewed numerous
firefighters and paramedics, who discussed their accounts of the attacks
and how they had been affected.

In analyzing bona fide news interview exemption requests, the Commission
has noted that it "should not second-guess broadcasters about the
relative newsworthiness of the interviewees or the topics of discussion
\[but instead\] should confine its analysis to whether the broadcaster
acted reasonably and in good faith." [Politically
Incorrect]{.underline}, 15 FCC Rcd at 1358. As the foregoing discussion
and Exhibit A demonstrate, the Program regularly features news
interviews on a wide range of subjects, including current events,
politics, and entertainment news.[^3]

In sum, in satisfaction of FCC-specified criteria, Infinity and Howard
Stern control all aspects of the Program, and make all decisions
regarding the format and content of all news interviews on the Program
through the exercise of their respective journalistic judgments.

Accordingly, Infinity respectfully submits that "The Howard Stern Show"
qualifies as a bona fide news interview program, and that news
interviews conducted on the Program are exempt from the equal
opportunities requirements of Section 315(a). Infinity therefore
requests that the Commission issue a declaratory ruling to such effect.

Given the national interest in the upcoming California recall election
to be held October 7, 2003, and the fact that the Program is syndicated
on several stations in California, Infinity respectfully seeks expedited
action on this request.

> Respectfully submitted:
>
> INFINITY BROADCASTING OPERATIONS INC.
>
> \_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_
>
> By: Steven A. Lerman
>
> Stephen A. Hildebrandt
>
> John W. Bagwell
>
> Leventhal, Senter & Lerman PLLC
>
> 2000 K Street, NW, Suite 600
>
> Washington, DC 20006
>
> Its Attorneys

Enclosure

cc: Robert Baker, Assistant Division Chief

bcc: Mr. John Sykes

Mr. Joel Hollander

Mr. Jacques Tortoroli

Mr. Dana McClintock

Mr. Tom Chiusano

Steven A. Lerman, Esq.

Stephen A. Hildebrandt, Esq.

John W. Bagwell, Esq.

**EXHIBIT A**

**[Current Events / Political News Interviews During Past Two
Years]{.underline}**

**Interviewee Description of Interview**

> Governor Pataki Appeared on show to discuss the anniversary of the
> 9/11 attacks (Sept. 11, 2002)
>
> Discussed the then-upcoming November 2002 elections (Nov. 5, 2002)
>
> Rudy Giuliani Former New York Mayor, discussed the state of the city
> and government (Oct. 15 2001)
>
> Discussed the anniversary of the 9/11 attacks (Sept. 11, 2002)
>
> Discussed his new book (Oct. 23, 2002)
>
> Rep. Gary Ackerman Congressman, on the morning after the first
> military strike on Iraq, discussed the war and what could be expected
> (Mar. 20, 2003)
>
> Discussed the anniversary of the 9/11 attacks (Sept. 11, 2002)
>
> Ian Spieglman New York Post Page Six gossip reporter, days after the
> 9/11 attacks, discussed whether reporting gossip in times of tragedy
> was tasteful, the responsibility of the media, and how it could be
> used to benefit the public good (Sept. 14, 2001)
>
> Chris Whitcomb FBI agent, discussed the 9/11 attacks and the state of
> terrorism (Sept. 28, 2001)
>
> Gerard Jones Author, discussed his new book, \"Killing Monsters\"
> which challenges the theory that violence in the media makes children
> more violent (Apr. 30, 2002)
>
> Pat Lalama Reporter from Celebrity Justice, discussed legal
> ramifications of Michael Jackson interview in which he admitted that
> he allowed children to sleep in his room (Nov. 21, 2002)
>
> Dana Reeve Wife of Christopher Reeve, discussed advances in stem cell
> research and her upcoming charity event at Madison Square Garden (Jan.
> 15, 2002)
>
> Bill Maher Television personality, was interviewed soon after the 9/11
> attacks regarding the comment he made on his program as to how the
> terrorists were brave (Sept. 21, 2002)
>
> Roger Ebert Discussed his recent bout with cancer and his new book
> (Mar. 8, 2002)
>
> Angelo Martinez Discussed his recent release from prison after 17
> years for a crime he did not commit, and how he was released only
> after someone else confessed. (Nov. 13, 2002)
>
> Fran Drescher Discussed her new book about her recent bout with, and
> recovery from, cancer (June 7, 2002)
>
> Oxana Fyodorva Miss Universe, discussed winning the Miss Universe 2002
> crown (June 13, 2002)
>
> Numerous eyewitnesses, On the day of, and the days following, the
> Program interviewed numerous
>
> firemen and paramedics eyewitnesses to the attacks as well as New York
> firemen and paramedics as to what was occurring and to get their
> accounts of the events. (Sept. 11, 2001)
>
> Numerous Manhattan On anniversary of 9/11 attacks, discussed how small
> businesses in New York
>
> small business owners. had been affected, what was being done/could be
> done to help (Sept. 11, 2002)
>
> Donald Trump On anniversary of 9/11 attack, discussed impact on real
> estate in New York City (Sept. 10, 2002)
>
> Jon Stewart Television personality, discussed the impact of the 9/11
> attacks on the media (Sept. 15, 2002)
>
> Pat Lalama Reporter from Celebrity Justice, discussed current legal
> issues facing several celebrities (Feb. 26, 2003)
>
> Darryl Worley Musician, discussed his new song about 9/11 and the war
> in Iraq (Apr. 15, 2003)
>
> Congressman Serrano New York Congressman, discussed the upcoming
> Puerto Rican day parade and Puerto Rican heritage. (June 4, 2003)
>
> Melissa Gilbert Actress / President of SAG, discussed the proposed
> merger between SAG and AFTRA (June 10, 2003)
>
> Daryl Hannah Actress, discussing that she owns two bio-diesel cars
> (July 31, 2003)

**[Sports News Interviews During Past Two Years]{.underline}**

**Interviewee Description of Interview**

> David Wells Professional Baseball Player, discussed his recent
> announcement that he was rejoining the NY Yankees (Jan. 30, 2002)
>
> Laila Ali Female boxer, daughter of Muhammad Ali, discussed her
> upcoming boxing match (Aug 15, 2002)
>
> Kurt Angle Gold medal Olympian, discussed his upcoming wrestling match
> (Aug. 22, 2002)
>
> Jeremy Shockey Baseball player, discussed the Giants' upcoming season
> (Sept. 10, 2002)
>
> Dennis Rodman Basketball player, discussed his appearance on Celebrity
> Fear Factor (Sept. 24, 2002)
>
> Stephanie McMahon Daughter of WWE owner Vince McMahon, discussed
> upcoming WWE wrestling event (Oct. 17, 2002)
>
> Rowdy Roddy Piper Former WWF star, discussed his new book on his
> professional wrestling career (Nov. 18, 2002)
>
> Nick Fergunson Football player, discussed football season and
> performance of NJ Jets (Jan. 10, 2003)
>
> Barry Zito Baseball player, discussed upcoming baseball season and
> Oakland A's prospects (Feb. 3, 2003)
>
> Roy Jones Jr. Boxer, discussed his upcoming boxing match (Mar. 18,
> 2003)
>
> Goldust Professional wrestler, discussed upcoming fight (Mar. 19,
> 2003)
>
> Darryl Dawskins Former basketball player, discussed his new
> autobiography (July 25, 2003)

**[Entertainment News Interviews During Past Two Years]{.underline}**

**Interviewee Description of Interview**

> Carnie Wilson Discussed her new weight loss book (Oct. 9, 2001)
>
> Dick Clark Discussed American Music Awards being held that night, and
> his recent New Year\'s Special (Jan. 9, 2002)
>
> Lisa Daily Author, discussed her book \"Stop getting Dumped\", a
> guidebook for women (May 6, 2002)
>
> Paul McCartney Musician, discussed his new CD and upcoming tour. (Oct.
> 18, 2002)
>
> The Osbournes Ozzy, Sharon, Jack and Kelly come in to discuss the
> success of their new show, "The Osbournes" on MTV (Mar. 21, 2002)
>
> Jack Black Actor, Discussed his new movie, "Orange County" (Jan. 11,
> 2002)
>
> Colin Hanks Actor, Discussed his new movie, "Orange County" (Jan. 9,
> 2002)
>
> Tom Sizemore Actor, Discussed his new movie, "Black Hawk Down" (Jan.
> 14, 2002)
>
> Nancy Sinatra Discussed her new CD, "California Girl" (Jan. 15, 2002)
>
> Suge Knight Founder and president of Death Row records, discussed his
> record label\'s new album  \"Crooked I" (Jan. 16, 2002)
>
> Chuck Norris Discuss his upcoming made-for-TV movie (Jan. 18, 2002)
>
> Tai Babilonia Former figure skater, discussed her recent appearance on
> Who Wants to be a Millionaire.  News coverage had reported her poor
> performance, so the interview was to get her side (Jan. 18, 2002)
>
> Joe Frazier Former Heavy Weight Champion, discussed the new film "Ali"
> (Jan. 23, 2002)
>
> Dr. Ruth Westheimer   Discussed her recent spoken word album and
> associated Grammy nomination (Jan. 24, 2002)
>
> Fred Durst Musician, Discussed the departure of their guitarist and to
> announced the band will be\
> holding auditions for a new guitarist throughout the country (Jan. 28,
> 2002)
>
> John McEnroe Former tennis star, discussed his new TV show (Jan. 29,
> 2002)
>
> Arnold Schwarzenegger Actor, discussed his new movie \"Collateral
> Damage\" (Feb. 7, 2003)
>
> Peter Herbst Editor in Chief of Premiere Magazine, called in to
> discuss this year\'s Oscar Nominations (Feb. 13, 2002)
>
> Monet Mazur Actress, discussed her new movie, "40 Days and 40 Nights"
> (Mar. 1, 2002)
>
> Jon Bon Jovi Singer, discussed his recent acting stint on Ally McBeal
> (Mar 4, 2002)
>
> Trudi Styler Wife of musician Sting, discussed the charity event "The
> Rainforest Concert" and discussed her new made-for-TV movie
> "Confessions of an Ugly Stepsister" (Mar 5, 2002)
>
> Tom Arnold Discussed his new TV show, "Best Damn Sports Show Period"
> (Mar. 7, 2002)
>
> Alan Thicke Actor, discussed his recent appearance on the TV show Fear
> Factor (Mar. 12, 2002)
>
> Michael Buffer Announcer, discussed his upcoming appearance on
> Celebrity Boxing on FOX (Mar. 13, 2002)
>
> William Shatner Discussed his new movie "Showtime" with Eddie Murphy
> and Robert De Niro (Mar. 13, 2002)
>
> Todd Bridges Actors, discussed their upcoming fight on Celebrity
> Boxing. (Mar. 13, 2002)
>
> and Barry Williams
>
> Andy Richter Discussed his new television show and his decision to
> leave the Conan O\'Brien Show (Mar. 15, 2002)
>
> Wesley Snipes Actor, discussed his new movie "Blade II" (Mar. 15,
> 2002)
>
> Tom Green Discussed his recent divorce from actress Drew Barrymore
> (Mar. 26, 2002)
>
> Andy Dick Discussed his new MTV television show (Mar. 29, 2002)
>
> The Rock Professional wrestler, discussed his new movie "The Scorpion
> King" (Apr. 12, 2002)
>
> Corey Feldman Actor/musician, discussed his band going on tour (Apr.
> 17, 2002)
>
> John Stamos Actor/musician, discussed his new MTV show and his
> upcoming performance on Broadway in Cabaret (Apr. 19, 2002)
>
> Kelly Hu Actress, discussed her new movie "The Scorpion King" (Apr.
> 19, 2002)
>
> James Caan Discussed his new movie (Apr. 26, 2002)
>
> Kevin Smith Director, discussed his new movie (Apr. 26, 2002)
>
> Courtney Love Musician, and former wife of Kurt Cobain discussed her
> on-going legal battle with the former members of the band Nirvana
> (Apr. 29, 2002)
>
> Kane Hodder Actor, discussed his role as Jason in the new "Friday the
> 13^th^ movie (May 1, 2002)
>
> Tobey Maguire Actor, discussed his new movie "Spiderman" (May 2, 2002)
>
> David Lee Roth Musicians -- discussed their upcoming tour (May 7,
> 2002)
>
> and Sammy Hagar
>
> Jason Biggs Discussed his role in the new Broadway play, "The
> Graduate" (May 10, 2002)
>
> Stan Lee Comic creator of Spiderman, the Hulk and X Men called in to
> discuss his participation in the new Spiderman movie and his new DVD
> and book (May 14, 2002)
>
> Bernie Mac Comedian discussed the season finale of his television show
> (May 15, 2002)
>
> Tommy Lee Musician, discussed his new CD (May 16, 2002)
>
> P Diddy (Puff Daddy) Musician, discussed his new CD (May 17, 2002)
>
> Jolene Blalock Actress, discussed the season finale of the television
> show, \"Enterprise\" (May 17, 2002)
>
> David Blaine Comedian called in live from Bryant Park, where he was in
> the middle of performing his latest stunt, standing on top of a very
> tall pedestal for 36 straight hours.  He called in to give an update
> of his condition and to discuss the television special of the stunt
> which was to follow (May 22, 2002)
>
> Shana Morrison Musician, discussed her new album (May 24, 2002)
>
> Eddie Griffin Actor, discussed his new movie "Undercover Brother" (May
> 24, 2002)
>
> Chris Rock Actor, discussed his new movie, "Bad Company" (June 6,
> 2002)
>
> Nicolas Cage Actor, discussed his new movie, "Windtalkers" (June 6,
> 2002)
>
> Jonathan Davis Musician, discussed his band Korn's new CD (June 12,
> 2002)
>
> Elijah Blue Musician, discussed his band\'s new album (June 12, 2002)
>
> Sarah Michelle Gellar Actress, discussed her new movie "Scooby Doo"
> (June 14, 2002)
>
> Simon Cowell Television personality, discussed the premiere of
> "American Idol" (June 15, 2002)
>
> Sandra Bernhard Comedian, discussed her new comedy tour (June 19,
> 2002)
>
> Catharine Bell Actress, discussed her role on the television show
> "JAG" (June 28, 2002)
>
> Geraldo Rivera Reporter, discussed his new show on FOX (July 25, 2002)
>
> Anastacia Singer, Anastacia came on to discuss hew new CD and discuss
> her recent performance of the National Anthem at the All Star (July
> 26, 2002)
>
> David Duchovny Actor, discussed his new movie "Full Frontal" (July 30,
> 2002)
>
> Anna Nicole Smith Television personality, discussed her new reality
> television show (July 31, 2002)
>
> Wesley Snipes Actor, discussed his new movie, "Undisputed" (Aug. 15,
> 2002)
>
> Janice Dickinson Former supermodel, discussed her new book (Aug. 22,
> 2002)
>
> Sammy Hagar Musician, discussed his new CD and tour with David Lee
> Roth (Sept. 3, 2002)
>
> Tom Green Actor, discussed his new movie, "Stealing Harvard" (Sept. 4,
> 2002)
>
> Ryan Phillippee Actor, discussed his new movie, "Igby Goes Down"
> (Sept. 4, 2002)
>
> Drew Carey Actor, discussed the season premiere of "The Drew Carey
> Show" (Sept. 5, 2002)
>
> Jimmy Fallon Comedian, discussed his new CD (Sept. 10, 2002)
>
> Summer Altice Actress, discussed her upcoming cable show (Sept. 18,
> 2002)
>
> Joan Rivers Comedian, discussed her Red Carpet Emmy show (Sept. 19,
> 2002)
>
> Damon Wayans Actor, discussed his new television show, "My Wife and
> Kids" (Sept. 20, 2002)
>
> Tommy Lee Musician, discussed his upcoming cable television special
> (Sept. 23, 2002)
>
> Dona De Sanctis Italian Anti-defamation league representative,
> discussed negative stereotypes on the television show, "The Sopranos"
> (Sept. 23, 2002)
>
> Fisher Stevens Actor, discussed his new movie, "Just a Kiss" (Sept.
> 26, 2002)
>
> Anthony Hopkins Actor, discussed his new movie, "Red Dragon" (Sept.
> 30, 2002)
>
> George Pappadopoulos Author, discussed his new book on how to win at
> Blackjack (Oct. 2, 2002)
>
> Bon Jovi Band, discussed their new CD (Oct. 8, 2002)
>
> Nick DiPaolo Comedian, discussed his new show (Oct. 8, 2002)
>
> Gilbert Gottfried Comedian, discussed his new show (Oct. 8, 2002)
>
> Colin Quinn Television personality, discussed his new television show
> (Oct. 17, 2002)
>
> R. Lee Ermey Television personality, discussed his new television show
> (Oct. 18, 2002)
>
> Marilyn Manson Musician, discussed his new DVD (Oct. 25, 2002)
>
> Tom Sizemore Television personality, discussed his new television show
> (Oct. 25, 2002)
>
> Tim Allen Actor, discussed his new movie, "Santa Claus 2" (Oct. 20,
> 2002)
>
> Foo Fighters Band, discussed their new CD (Oct. 31, 2002)
>
> David Blaine Magician, discussed his new book (Nov. 1, 2002)
>
> Insane Clown Posse Band, discussed new CD (Nov 5, 2002)
>
> Aaron Buerge Television personality, discussed his experience on "The
> Bachelor" television show (Nov. 5, 2002)
>
> Brian Dunkleman Comedian, discussed his new television show (Nov. 6,
> 2002)
>
> Carmen Electra Television personality, discussed her new television
> show (Nov. 6, 2002)
>
> Ja Rule Musician, discussed his new CD (Nov. 12, 2002)
>
> Tom Arnold Television personality, discussed his new book (Nov. 14,
> 2002)
>
> Rodney Dangerfield Comedian, discussed his new movie (Nov. 18, 2002
>
> Lisa Lampanelli Comedienne, discussed her upcoming performances (Nov.
> 19, 2002)
>
> John Stamos Actor, discussed his new made-for-TV movie, "Lewis and
> Martin" (Nov. 21, 2002)
>
> Dina Meyer Actress, discussed her new television show, "Birds of Prey"
> (Nov. 22, 2002)
>
> Lewis Black Comedian, discussed his upcoming show (Dec. 4, 2002)
>
> Brooke Burke Television personality, discussed her leaving television
> show "Wild On" (Dec. 5, 2002)
>
> Kathy Griffin Comedienne, discussed her appearance on Celebrity Mole
> (Dec. 5, 2002)
>
> Henry Winkler Actor, discussed new season of the "Hollywood Squares"
> (Dec. 6, 2002)
>
> Jason Alexander Actor, discussed his new made-for-TV movie (Dec. 10,
> 2002)
>
> Rob Schneider Actor, discussed his new movie, "The Hot Chick" (Dec.
> 11, 2002)
>
> Carly Simon Musician, discussed her new CD (Dec. 11, 2002)
>
> Stephan Jenkins Musician, discussed his band, 3^rd^ Eye Blind's new CD
> (Dec. 17, 2002)
>
> Kevin Meany Comedian, discussed his new shows (Dec. 18, 2002)
>
> Kevin Smith Director, discussed his new DVD (Dec. 19, 2002)
>
> Ashton Kutcher Actor, discussed his new movie "Just Married" (Jan. 7,
> 2003)
>
> Trista Television personality, discussed her TV show, "The
> Bachelorette" (Jan. 9, 2003)
>
> MC Hammer Musician, discussed his new show (Jan. 9, 2003)
>
> Emmanuel Lewis Actor, discussed his new show (Jan. 9, 2003)
>
> Steve Guttenberg Actor, discussed his new movie (Jan. 9, 2003)
>
> Emma Caufield Actress, discussed her new movie (Jan. 10, 2003)
>
> Jimmy Kimmel Television personality, discussed his new TV show (Jan
> 13, 2003)
>
> Martin Lawrence Actor, discussed his new movie, "National Security"
> (Jan. 14, 2003)
>
> Allison Janney Actress, discussed her new movie "The Hours" (Jan. 17,
> 2003)
>
> Nancy O'Dell Television personality, discussed her show "Access
> Hollywood" (Jan 21, 2003)
>
> James Brown Musician, discussed his new CD (Jan. 30, 2003)
>
> Justine Priestley Actress, discussed her new movie (Feb. 4, 2003)
>
> 50 Cent Musician, discussed his new CD (Feb. 12, 2003)
>
> Leah Remini Actress, discussed her television show (Feb. 24, 2003)
>
> Tom Arnold Actor, discussed his new movie (Feb 26, 2003)
>
> Fred Durst Musician, discussed his new CD (Feb. 27, 2003)
>
> AC/DC Band, discussed their new CD and tour (Mar. 7, 2003)
>
> Geri Haliwell Actress, discussed her new television show (Mar. 12,
> 2003)
>
> Crispin Glover Actor, discussed his new movie, "Willard" (Mar. 14,
> 2003)
>
> Brantley Bardin Editor, Premiere magazine, discussed the Oscars (Mar.
> 21, 2003)
>
> Julie Bowen Actress, discussed her television show, "Ed" (Mar. 21,
> 2003)
>
> Ed McMahon Television personality, discussed upcoming show (Mar. 25,
> 2003)
>
> Chris Rock Actor, discussed upcoming movie, "Head of State" (Mar. 28,
> 2003)
>
> Robert Duvall Actor, discussed his new movie, "Assassination Tango"
> (Mar. 28, 2003)
>
> Eddie Griffin Actor, discussed his new movie (Apr. 1, 2003)
>
> Rob Zombie Actor, discussed his new movie (Apr. 8, 2003)
>
> Lisa Marie Presely Musician, discussed her new album and tour (Apr. 8,
> 2003)
>
> Suge Knight Musician, discussed his new album (Apr. 9, 2003)
>
> Sofia Vergara Actress, discussed her new movie (Apr. 15, 2003)
>
> Seann William Scott Actor, discussed his new movie (Apr. 16, 2003)
>
> Lionel Richie Musician/actor, discussed his new movie (Apr. 16, 2003)
>
> Ted Nugent Musician, to discuss an event he is hosting and the war in
> Iraq (Apr. 17, 2003)
>
> Richard Lewis Comedian, discussed his new show (Apr. 18, 2003)
>
> Rebecca Stamos Actress, discussed her new movie, "X-MEN 2" (Apr. 21,
> 2003)
>
> Julia Louis Dreyfus Actress, discussed her new television show,
> "Ellie" (May 6, 2003)
>
> Sarah Silverman Comedienne, discussed her new show (May 12, 2003)
>
> Bernie Mac Comedian, discussed his new book (May 16, 2003)
>
> Mark Wahlberg Actor, discussed his new movie, "Italian Job" (May 20,
> 2003)
>
> Frenchie Davis Singer, discussed being thrown off of American Idol and
> her new role in Rent (May 21, 2003)
>
> Dave Attell Comedian, discussed finale of his television show (May 28,
> 2003)
>
> Jim Carrey Actor, discussed his new movie, "Bruce Almighty" (May 22,
> 2003)
>
> Ian Spiegleman New York Post reporter, discussed his new book (June 4,
> 2003)
>
> Darrell Hammond Comedian, discussed upcoming shows (June 12, 2003)
>
> Carnie Wilson Singer, discussed her upcoming pictorial in Playboy
> magazine and her stomach stapling operation (June 13, 2003)
>
> Spencer Grammer Actress, discussed her upcoming play (June 15, 2003)
>
> Aisha Taylor Actress, discussed her role as the first re-occurring
> African-American cast of Friends (June 19, 2003)
>
> Bobby Trendy Designer, discussed his new book (June 19, 2003)
>
> Arnold Schwarzennegger Actor, discussed his new movie, "Terminator 3"
> (June 24, 2003)
>
> Simon Colwell Television personality, discussed his new show, "Cupid"
> (June 25, 2003)
>
> Pamela Anderson Actress, discussed her new television show (June 26,
> 2003)
>
> Mr. T Actor, discussed his lawsuit against Best Buy (June 27, 2003)
>
> Staind Band, discussed their new CD (July 2, 2003)
>
> Sean Puffy Combs Musician, discussed his new album (July 22, 2003)
>
> Tommy Lee Musician, discussed his new relationship with buymusic.com
> (July 23, 2003)
>
> Joan Rivers Comedienne, discussed her new comedy show (July 23, 2003)
>
> Ben Kuhns Promoter, discussed lawsuit against him by Donald Trump to
> cease using name "Miss Gay Universe" (July 24, 2003)
>
> Queer Eye Guys Two cast members from "Queer Eye for the Straight Guy"
> discussed their television show (July 30, 2003)
>
> Al Brumley Reporter for the Dallas Morning Star, discussed his
> condition following brain tumor (Aug. 4, 2003)
>
> Simon Colwell Television personality, discussed his television show,
> "Cupid" (Aug. 5, 2003)
>
> Jenna Jameson Entertainer, discussed her E! True Hollywood Story
> episode (Aug. 7, 2003)
>
> Robert Schimmel Comedian, discussed his upcoming show (Aug. 13, 2003)
>
> Kelly Rowland Musician/actress, discussed her new movie, "Freddy vs.
> Jason" (Aug. 14, 2003)
>
> Nicki Aycox Actress, discussed her new movie, "Jeepers Creepers 2"
> (Aug. 18, 2003)

[^1]: Other instances in which news interview segments of programs
    containing entertainment elements were exempted include: [In re
    Multimedia Entertainment, Inc.]{.underline}, 9 FCC Rcd 2811 (1994)
    ("[Jerry Springer]{.underline}"); [In re King World]{.underline}, 9
    FCC Rcd 6394 (1994) ("[Rolanda]{.underline}"); [In re Multimedia
    Entertainment, Inc.]{.underline}, 6 FCC Rcd 1798 (1991)(" [Sally
    Jessy Raphael]{.underline}"); [In re Multimedia Entertainment,
    Inc.]{.underline}, 56 RR 2d 143 (1984) ("[Donahue]{.underline}");
    [In re CBS, Inc.]{.underline}, 55 RR 2d 864 (1984) ("[The American
    Parade]{.underline}").

[^2]: [See, e.g.]{.underline}, [In re: ABC, Inc.]{.underline}, 15 FCC
    Rcd 1355 (1999) ("[Politically Incorrect]{.underline}"); [Jerry
    Springer]{.underline}, 9 FCC Rcd at 2811.

[^3]: The Commission has long recognized that "news" includes coverage
    of a variety of subjects including current events, politics,
    entertainment news ([In re Paramount Pictures Corp.]{.underline}, 3
    FCC Rcd 245 (1988), and even religious news ([In re. Rev. Donald L.
    Lanier]{.underline}, 37 FCC 2d 952 (1972)).