**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

+----------------------------------+----+------------------------------+
| In the Matter of                 | *  | File No. EB-05-IH-0035[^1]   |
|                                  | *) |                              |
| Complaints Against Various       | ** |                              |
| Television Licensees Concerning  |    |                              |
| Their December 31, 2004          | *  |                              |
| Broadcast of the Program         | *) |                              |
| "Without A Trace"                | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
|                                  |    |                              |
|                                  | *  |                              |
|                                  | *) |                              |
|                                  | ** |                              |
+----------------------------------+----+------------------------------+

**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted: February 21, 2006 Released: March 15, 2006**

By the Commission: Chairman Martin, Commissioners Copps and Tate issuing
separate statements; Commissioner Adelstein concurring and issuing a
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 CBS Television Network ("CBS")
    affiliated stations and CBS owned-and-operated stations listed in
    Attachment A aired material that apparently violates the federal
    restrictions regarding the broadcast of indecent material.[^3]
    Specifically, during the *Our Sons and Daughters* episode of the CBS
    program "Without a Trace" on December 31, 2004, at 9:00 p.m. in the
    Central and Mountain Time Zones, these licensees each broadcast
    material graphically depicting teenage boys and girls participating
    in a sexual orgy. Based upon our review of the facts and
    circumstances of this case, we conclude that the licensees listed in
    Attachment A are apparently liable for a monetary forfeiture in the
    amount of \$32,500 per station for broadcasting indecent material in
    apparent violation of 18 U.S.C. § 1464 and section 73.3999 of the
    Commission\'s rules.

# BACKGROUND

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.

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.[^5] As such, in
    making indecency determinations, the Commission proceeds cautiously
    and with appropriate restraint.[^6]

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.[^7]

> 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.[^8]

5.  In our assessment of whether broadcast material is patently
    offensive, "the *full context* in which the material appeared is
    critically important."[^9] Three principal factors are significant
    to this contextual analysis: (1) the explicitness or graphic nature
    of the description; (2) whether the material dwells on or repeats at
    length descriptions of sexual or excretory organs or activities;
    and (3) whether the material panders to, titillates, or shocks the
    audience.[^10] 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."[^11] In particular cases, one or two of the factors may
    outweigh the others, either rendering the broadcast material
    patently offensive and consequently indecent,[^12] or,
    alternatively, removing the broadcast material from the realm of
    indecency.

6.  In this *NAL*, we apply the two-pronged indecency analysis described
    above*.* Specifically, we first determine whether the complained-of
    material is within the scope of our indecency definition; *i.e.*,
    whether it describes or depicts sexual or excretory activities or
    organs. We then turn to the three principal factors of the second
    prong to determine whether, taken in context, the material is
    patently offensive as measured by contemporary community standards
    for the broadcast medium.

7.  Our contextual analysis takes into account the manner and purpose of
    broadcast material.[^13] For example, material that panders to,
    titillates, or shocks the audience is treated quite differently than
    material that is primarily used to educate or inform the audience.
    In particular, we recognize the need for caution with respect to
    complaints implicating the editorial judgment of broadcast licensees
    in presenting news and public affairs programming, as these matters
    are at the core of the First Amendment's free press guarantee.[^14]

8.  ***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.[^15] 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.[^16] The legislative history to section 312(f)(1) of the
    Act clarifies that this definition of willful applies to both
    sections 312 and 503(b) of the Act,[^17] and the Commission has so
    interpreted the term in the section 503(b) context.[^18] We
    emphasize that every licensee is responsible for the decision to air
    particular programming and will be held accountable for violating
    federal restrictions on the willful or repeated broadcast of
    obscene, indecent, or profane material.

9.  The Commission's *Forfeiture Policy Statement* establishes a base
    forfeiture amount of \$7,000 for the transmission of indecent or
    obscene materials.[^19] 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),
    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."[^20] The statutory maximum
    forfeiture amount for violations occurring on or after September 7,
    2004, is \$32,500.[^21]

# DISCUSSION

10. ***The Programming.*** The Commission received numerous complaints
    alleging that certain affiliates of CBS and CBS owned-and-operated
    stations (listed in Attachment A) broadcast indecent material during
    the *Our Sons and Daughters* episode of the CBS program "Without a
    Trace" on December 31, 2004, at 9:00 p.m. in the Central and
    Mountain Time Zones.

11. The December 31, 2004 episode at issue concerns an FBI investigation
    into the disappearance and possible rape of a high school student.
    During an interrogation, a witness recalls a party held at the home
    of a teenager. As she recounts the details of the party, the program
    cuts to a "flashback" scene. The scene \-- which forms the basis of
    the viewer complaints \-- consists of a series of shots of a number
    of teenagers engaged in various sexual activities, including sex
    between couples and among members of a group. Although the scene
    contains no nudity, it does depict male and female teenagers in
    various stages of undress. The scene also includes at least three
    shots depicting intercourse, two between couples and one "group sex"
    shot. In the culminating shot of the scene, the witness exclaims to
    the others in the party that the victim is a "porn star." The action
    briefly returns to the present, as the witness pauses in her story,
    then the flashback resumes, as the victim is shown wearing bra and
    panties, straddled on top of one male character, while two other
    male characters kiss her breast near the bra strap. The lower
    portion of the panties is shaded, but she is shown moving up and
    down while the male teenager thrusts his hips into her crotch.

12. ***Indecency Analysis.*** We find that the material meets the first
    prong of the indecency test. While no nudity is shown, it is clear,
    as detailed above, that the scene depicts numerous sexual
    activities.

13. 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 is explicit and graphic. The
    material contains numerous depictions of sexual conduct among
    teenagers that are portrayed in such a manner that a child watching
    the program could easily discern that the teenagers shown in the
    scene were engaging in sexual activities, including apparent
    intercourse.[^22] The background sounds, which include moaning, add
    to the graphic and explicit sexual nature of the depictions. The
    scene is not shot as clinical or educational material, and the
    movements, sounds, and comments contained in the scene are highly
    sexually charged.

14. Next, although not dispositive, we find it relevant that the
    broadcast dwells on and repeatedly depicts the sexual material, the
    second principal factor in our analysis. The scene in question
    contains several depictions of apparent sexual intercourse.

15. As for the third factor, we find that the complained-of material is
    pandering, titillating, and shocking to the audience. The explicit
    and lengthy nature of the depictions of sexual activity, including
    apparent intercourse, goes well beyond what the story line could
    reasonably be said to require. Moreover, the scene is all the more
    shocking because it depicts minors engaged in sexual
    activities.[^23]

16. In sum, because the scene is explicit, dwells upon sexual material,
    and is shocking and titillating, we conclude that the broadcast of
    the material at issue here is patently offensive under contemporary
    community standards for the broadcast medium and thus apparently
    indecent. The complained-of material was broadcast within the 6 a.m.
    to 10 p.m. time frame relevant to an indecency determination under
    section 73.3999 of the Commission's rules.[^24] Therefore, there is
    a reasonable risk that children may have been in the viewing
    audience and the broadcast is legally actionable.

17. ***Forfeiture Calculation.*** We find that the CBS affiliates and
    CBS owned-and-operated stations listed in Attachment A consciously
    and deliberately broadcast the episode in question. 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, based on the
    factors enumerated in section 503(b)(2)(D) of the Act and the facts
    and circumstances of this case. We find that the statutory maximum
    of \$32,500 is an appropriate proposed forfeiture amount for each
    violation arising out of the December 31, 2004 broadcasts.[^25] The
    gravity of the apparent violation is heightened in this case
    because, as discussed above, the material graphically depicts
    teenage boys and girls participating in a sexual orgy. While there
    is no nudity, the scene is highly sexually charged and explicit.
    Moreover, the material is particularly egregious because it focuses
    on sex among children. In addition, the program is prerecorded, and
    CBS and its affiliates could have edited or declined the content
    prior to broadcast. [^26] Therefore, we find that each of the
    licensees listed in Attachment A is apparently liable for a proposed
    forfeiture of \$32,500 for broadcast of the December 31, 2004
    episode of "Without A Trace." prior to 10 p.m. [^27]

19. Although we are informed that other stations not mentioned in any
    complaint also broadcast the complained-of episode of "Without A
    Trace," we propose forfeitures only against 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. We recognize
    that this approach differs from that taken in previous Commission
    decisions involving the broadcast of apparently indecent
    programming. Our commitment to an appropriately restrained
    enforcement policy, however, justifies this more limited approach
    towards the imposition of forfeiture penalties. Accordingly, we
    propose forfeitures as set forth in Attachment A.

# 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 CBS Television Network and of the stations owned
    and operated by CBS listed in Attachment A are hereby NOTIFIED of
    their APPARENT LIABILITY FOR FORFEITURE in the amount of \$32,500
    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
    "Without a Trace" on December 31, 2004.

21. IT IS FURTHER ORDERED that a copies of this *NAL* shall be sent by
    Certified Mail, Return Receipt Requested, to Anne Lucey, Senior Vice
    President, Regulatory Affairs, CBS, 1501 M Street, N.W., Suite 1100,
    Washington, D.C. 20005, and to the licensees of the stations listed
    in Attachment A, at their respective addresses noted therein.

22. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's
    rules, that within thirty (30) days of the release of this *NAL*,
    each licensee identified in Attachment A 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 Attachment A. 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 William H. Davenport,
    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 Attachment
    A 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.[^28]

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.[^29]

[]{.mark}

> FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

**[ATTACHMENT A]{.underline}**

**[PROPOSED FORFEITURES FOR DECEMBER 31, 2004]{.underline}**

**[BROADCASTS OF "WITHOUT A TRACE"]{.underline}**

+--------------+-----------+----------+-------------+------+----------+
| **Licensee   | **FRN     | **NAL    | **Station   | **   | **       |
| Name and     | No.**     | Acct.    | Call Signs  | Faci | Proposed |
| Mailing      |           | No.**    | and         | lity | Fo       |
| Address**    |           |          | Communities | ID   | rfeiture |
|              |           |          | of          | No   | Amount** |
|              |           |          | License**   | s.** |          |
+==============+===========+==========+=============+======+==========+
| Alabama      | 0         | 2006     | WAKA (TV)   | 701  | \$32,500 |
| Broadcasting | 003828738 | 32080014 |             |      |          |
| Partners     |           |          | Selma, AL   |      |          |
|              |           |          |             |      |          |
| 3020 Eastern |           |          |             |      |          |
| Boulevard    |           |          |             |      |          |
|              |           |          |             |      |          |
| Montgomery,  |           |          |             |      |          |
| AL 36123     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Alaska       | 0         | 2006     | KTVA (TV)   | 4    | \$32,500 |
| Broadcasting | 006160915 | 32080015 |             | 9632 |          |
| Company,     |           |          | Anchorage,  |      |          |
| Inc.         |           |          | AK          |      |          |
|              |           |          |             |      |          |
| 1007 W.      |           |          |             |      |          |
| 32^nd^ Ave   |           |          |             |      |          |
|              |           |          |             |      |          |
| Anchorage,   |           |          |             |      |          |
| AK 99503     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Arkansas     | 0         | 2006     | KTHV (TV)   | 2787 | \$32,500 |
| Television   | 003756442 | 32080016 |             |      |          |
| Company      |           |          | Little      |      |          |
|              |           |          | Rock, AR    |      |          |
| c/o Gannett  |           |          |             |      |          |
| Co., Inc.    |           |          |             |      |          |
|              |           |          |             |      |          |
| 7950 Jones   |           |          |             |      |          |
| Branco Dr.   |           |          |             |      |          |
|              |           |          |             |      |          |
| Mclean, VA   |           |          |             |      |          |
| 22107        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Barrington   | 0         | 2006     | KHQA-TV     | 4690 | \$32,500 |
| Broadcasting | 011063302 | 32080017 |             |      |          |
| Quincy       |           |          | Hannibal,   |      |          |
| Corporation  |           |          | MO          |      |          |
|              |           |          |             |      |          |
| 2500 W.      |           |          |             |      |          |
| Higgins Road |           |          |             |      |          |
|              |           |          |             |      |          |
| Ste 880      |           |          |             |      |          |
|              |           |          |             |      |          |
| Hoffman      |           |          |             |      |          |
| Estates, IL  |           |          |             |      |          |
| 60195        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Barrington   | 0         | 2006     | KRCG (TV)   | 4    | \$32,500 |
| Broadcasting | 012140109 | 32080018 |             | 1110 |          |
| Missouri     |           |          | Jefferson   |      |          |
| Corp.        |           |          | City, MO    |      |          |
|              |           |          |             |      |          |
| 2500 W.      |           |          |             |      |          |
| Higgins Road |           |          |             |      |          |
| Suite 880    |           |          |             |      |          |
|              |           |          |             |      |          |
| Hoffman      |           |          |             |      |          |
| Estates, IL  |           |          |             |      |          |
| 60195        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Catamount    | 0         | 2006     | KXJB-TV     | 4    | \$32,500 |
| Bcstg of     | 002474161 | 32080019 |             | 9134 |          |
| Fargo LLC    |           |          | Valley      |      |          |
|              |           |          | City, ND    |      |          |
| 1350 21^st^  |           |          |             |      |          |
| Ave. South   |           |          |             |      |          |
|              |           |          |             |      |          |
| Fargo, ND    |           |          |             |      |          |
| 58103        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| CBS          | 0         | 2006     | KCCO-TV     | 9632 | \        |
| B            | 003482189 | 32080020 |             |      | $130,000 |
| roadcasting, |           |          | Alexandria, | 9617 |          |
| Inc.         |           |          | MN          |      |          |
|              |           |          |             | 9629 |          |
| 2000 K       |           |          | WBBM-TV     |      |          |
| Street, N.W. |           |          |             | 9635 |          |
| Suite 725    |           |          | Chicago, IL |      |          |
|              |           |          |             |      |          |
| Washington,  |           |          | WCCO-TV     |      |          |
| DC 20006     |           |          |             |      |          |
|              |           |          | M           |      |          |
|              |           |          | inneapolis, |      |          |
|              |           |          | MN          |      |          |
|              |           |          |             |      |          |
|              |           |          | WFRV-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Green Bay,  |      |          |
|              |           |          | WI          |      |          |
+--------------+-----------+----------+-------------+------+----------+
| CBS Stations | 0         | 2006     | KEYE-TV     | 3    | \$65,000 |
| Group of     | 001767078 | 32080021 |             | 3691 |          |
| Texas, L.P.  |           |          | Austin, TX  |      |          |
|              |           |          |             | 2    |          |
| 2000 K       |           |          | KTVT (TV)   | 3422 |          |
| Street, N.W. |           |          |             |      |          |
|              |           |          | Fort Worth, |      |          |
| Ste. 725     |           |          | TX          |      |          |
|              |           |          |             |      |          |
| Washington,  |           |          |             |      |          |
| DC 20006     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| CBS          | 0         | 2006     | KCNC-TV     | 4    | \$32,500 |
| Television   | 004425773 | 32080022 |             | 7903 |          |
| Stations,    |           |          | Denver, CO  |      |          |
| Inc.         |           |          |             |      |          |
|              |           |          |             |      |          |
| 2000 K       |           |          |             |      |          |
| Street, N.W. |           |          |             |      |          |
|              |           |          |             |      |          |
| Suite 725    |           |          |             |      |          |
|              |           |          |             |      |          |
| Washington,  |           |          |             |      |          |
| DC 20006     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Chelsey      | 0         | 2006     | KGWC-TV     | 6    | \$32,500 |
| Broadcasting | 008721292 | 32080023 |             | 3177 |          |
| Company of   |           |          | Casper, WY  |      |          |
| Casper, LLC  |           |          |             |      |          |
|              |           |          |             |      |          |
| 2923 East    |           |          |             |      |          |
| Lincolnway   |           |          |             |      |          |
|              |           |          |             |      |          |
| Cheyenne, WY |           |          |             |      |          |
| 82001        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| ComCorp of   | 0         | 2006     | WEVV (TV)   | 7    | \$32,500 |
| Indiana      | 004328308 | 32080024 |             | 2041 |          |
| License      |           |          | Evansville, |      |          |
| Corp.        |           |          | IN          |      |          |
|              |           |          |             |      |          |
| P.O. Drawer  |           |          |             |      |          |
| 53708        |           |          |             |      |          |
|              |           |          |             |      |          |
| Lafayette,   |           |          |             |      |          |
| LA 70505     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Coronet Comm | 0         | 2006     | WHBF-TV     | 1    | \$32,500 |
| Co.          | 003757457 | 32080025 |             | 3950 |          |
|              |           |          | Rock        |      |          |
| 99 Pondfield |           |          | Island, IL  |      |          |
| Rd           |           |          |             |      |          |
|              |           |          |             |      |          |
| Bronxville , |           |          |             |      |          |
| NY 10708     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Des Moines   | 0         | 2006     | KCCI (TV)   | 3    | \$32,500 |
| H            | 002573277 | 32080026 |             | 3710 |          |
| earst-Argyle |           |          | Des Moines, |      |          |
| Television,  |           |          | IA          |      |          |
| Inc.         |           |          |             |      |          |
|              |           |          |             |      |          |
| c/o Brooks,  |           |          |             |      |          |
| Pierce, Et.  |           |          |             |      |          |
| Al.          |           |          |             |      |          |
|              |           |          |             |      |          |
| P.O. Box     |           |          |             |      |          |
| 1800         |           |          |             |      |          |
|              |           |          |             |      |          |
| Raleigh, NC  |           |          |             |      |          |
| 27602        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Eagle Creek  | 0         | 2006     | KVTV (TV)   | 3    | \$32,500 |
| Broadcasting | 007262348 | 32080027 |             | 3078 |          |
| of Laredo,   |           |          | Laredo, TX  |      |          |
| LLC          |           |          |             |      |          |
|              |           |          |             |      |          |
| 2111         |           |          |             |      |          |
| University   |           |          |             |      |          |
| Park Drive,  |           |          |             |      |          |
| Ste. 650     |           |          |             |      |          |
|              |           |          |             |      |          |
| Okemos,      |           |          |             |      |          |
| MI 48864     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Eagle Creek  | 0         | 2006     | KZTV (TV)   | 3    | \$32,500 |
| Broadcasting | 007277445 | 32080028 |             | 3079 |          |
| of Corpus    |           |          | Corpus      |      |          |
| Christi, LLC |           |          | Christi, TX |      |          |
|              |           |          |             |      |          |
| 2111         |           |          |             |      |          |
| University   |           |          |             |      |          |
| Park Dr Ste  |           |          |             |      |          |
| 650          |           |          |             |      |          |
|              |           |          |             |      |          |
| Okemos, MI   |           |          |             |      |          |
| 48864        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Emmis        | 0         | 2006     | KBIM-TV     | 4    | \        |
| Television   | 002884252 | 32080029 |             | 8556 | $195,000 |
| License LLC  |           |          | Roswell, NM |      |          |
|              |           |          |             | 3    |          |
| 3500 W Olive |           |          | KGMB (TV)   | 6917 |          |
| Ave Ste.     |           |          |             |      |          |
| 1450         |           |          | Honolulu,   | 3    |          |
|              |           |          | HI          | 5190 |          |
| Burbank, CA  |           |          |             |      |          |
| 915051       |           |          | KMTV (TV)   | 4    |          |
|              |           |          |             | 8589 |          |
|              |           |          | Omaha, NE   |      |          |
|              |           |          |             | 4    |          |
|              |           |          | KREZ-TV     | 8575 |          |
|              |           |          |             |      |          |
|              |           |          | Durango, CO | 7    |          |
|              |           |          |             | 0655 |          |
|              |           |          | KRQE (TV)   |      |          |
|              |           |          |             |      |          |
|              |           |          | A           |      |          |
|              |           |          | lbuquerque, |      |          |
|              |           |          | NM          |      |          |
|              |           |          |             |      |          |
|              |           |          | WTHI-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Terre       |      |          |
|              |           |          | Haute, IN   |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Fisher       | 0         | 2006     | KBCI-TV,    | 4    | \$32,500 |
| Broadcasting | 005848445 | 32080030 |             | 9760 |          |
| Idaho TV,    |           |          | Boise, ID   |      |          |
| LLC          |           |          |             |      |          |
|              |           |          |             |      |          |
| 100 4th Ave  |           |          |             |      |          |
| N Ste 510    |           |          |             |      |          |
|              |           |          |             |      |          |
| Seattle, WA  |           |          |             |      |          |
| 98101        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Fisher       | 0         | 2006     | KIDK (TV)   | 5    | \$32,500 |
| Bro          | 005848619 | 32080090 |             | 6028 |          |
| adcasting-SE |           |          | Idaho       |      |          |
| Idaho TV LLC |           |          | Falls, ID   |      |          |
|              |           |          |             |      |          |
| 100 4th Ave  |           |          |             |      |          |
| N Ste 510    |           |          |             |      |          |
|              |           |          |             |      |          |
| Seattle, WA  |           |          |             |      |          |
| 9810         |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Freedom      | 0         | 2006     | KFDM-TV     | 2    | \$32,500 |
| Bcstg of TX  | 010053064 | 32080031 |             | 2589 |          |
| Licensee LLC |           |          | Beaumont,   |      |          |
|              |           |          | TX          |      |          |
| PO Box 7128  |           |          |             |      |          |
|              |           |          |             |      |          |
| Beaumont, TX |           |          |             |      |          |
| 77726        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Glendive     | 0         | 2006     | KXGN-TV     | 2    | \$32,500 |
| Bcstg Corp.  | 003749892 | 32080032 |             | 4287 |          |
|              |           |          | Glendive,   |      |          |
| 210 S        |           |          | MT          |      |          |
| Douglas St   |           |          |             |      |          |
|              |           |          |             |      |          |
| Glendive, MT |           |          |             |      |          |
| 59330        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Gray         | 0         | 2006     | KBTX-TV     | 6669 | \        |
| Television   | 002746022 | 32080033 |             |      | $325,000 |
| Licensee,    |           |          | Bryan, TX   | 7894 |          |
| Inc.         |           |          |             |      |          |
|              |           |          | KGIN (TV)   | 3    |          |
| 4141 East    |           |          |             | 5037 |          |
| 29^th^       |           |          | Grand       |      |          |
| Street       |           |          | Island, NE  | 7890 |          |
|              |           |          |             |      |          |
| Bryan, TX    |           |          | KKTV (TV)   | 3    |          |
| 77801        |           |          |             | 5903 |          |
|              |           |          | Colorado    |      |          |
|              |           |          | Springs, CO | 3    |          |
|              |           |          |             | 5954 |          |
|              |           |          | KOLN (TV)   |      |          |
|              |           |          |             | 6    |          |
|              |           |          | Lincoln, NE | 3160 |          |
|              |           |          |             |      |          |
|              |           |          | KWTX-TV     | 4689 |          |
|              |           |          |             |      |          |
|              |           |          | Waco, TX    | 6867 |          |
|              |           |          |             |      |          |
|              |           |          | KXII (TV)   | 3    |          |
|              |           |          |             | 5908 |          |
|              |           |          | Sherman, TX |      |          |
|              |           |          |             |      |          |
|              |           |          | WIBW-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Topeka, KS  |      |          |
|              |           |          |             |      |          |
|              |           |          | WIFR (TV)   |      |          |
|              |           |          |             |      |          |
|              |           |          | Freeport,   |      |          |
|              |           |          | IL          |      |          |
|              |           |          |             |      |          |
|              |           |          | WSAW-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Wausau, WI  |      |          |
|              |           |          |             |      |          |
|              |           |          | WVLT-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Knoxville,  |      |          |
|              |           |          | TN          |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Griffin      | 0         | 2006     | KWTV (TV)   | 2    | \$32,500 |
| Entities,    | 002147155 | 32080034 |             | 5382 |          |
| LLC, 3993    |           |          | Oklahoma    |      |          |
| Howard       |           |          | City, OK    |      |          |
| Hughes       |           |          |             |      |          |
| Parkway,     |           |          |             |      |          |
| Suite 250,   |           |          |             |      |          |
| Las Vegas,   |           |          |             |      |          |
| NV 89109     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Griffin      | 0         | 2006     | KOTV (TV)   | 3    | \$32,500 |
| Licensing,   | 004283339 | 32080035 |             | 5434 |          |
| L.L.C.       |           |          | Tulsa, OK   |      |          |
|              |           |          |             |      |          |
| 3993 Howard  |           |          |             |      |          |
| Hughes       |           |          |             |      |          |
| Pkwy., Ste   |           |          |             |      |          |
| 250          |           |          |             |      |          |
|              |           |          |             |      |          |
| Las Vegas,   |           |          |             |      |          |
| NV 89109     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Hoak Media   | 0         | 2006     | KREX-TV     | 7    | \$32,500 |
| of Colorado  | 009455809 | 32080036 |             | 0596 |          |
| LLC          |           |          | Grand       |      |          |
|              |           |          | Junction,   |      |          |
| 500 Crescent |           |          | CO          |      |          |
| Court, Suite |           |          |             |      |          |
| 220          |           |          |             |      |          |
|              |           |          |             |      |          |
| Dallas, TX   |           |          |             |      |          |
| 75240        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Hoak Media   | 0         | 2006     | KAUZ-TV     | 6864 | \$32,500 |
| of Wichita   | 009510603 | 32080037 |             |      |          |
| Falls, L.P.  |           |          | Wichita     |      |          |
|              |           |          | Falls, TX   |      |          |
| 13355 Noel   |           |          |             |      |          |
| Road         |           |          |             |      |          |
|              |           |          |             |      |          |
| Dallas, TX   |           |          |             |      |          |
| 75240        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| ICA          | 0         | 2006     | KOSA-TV     | 6865 | \$32,500 |
| Broadcasting | 003758976 | 32080038 |             |      |          |
| I, LTD       |           |          | Odessa, TX  |      |          |
|              |           |          |             |      |          |
| 700 N Grant  |           |          |             |      |          |
| St           |           |          |             |      |          |
|              |           |          |             |      |          |
| Odessa, TX   |           |          |             |      |          |
| 79761        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Indiana      | 0         | 2006     | WANE-TV     | 3    | \$65,000 |
| B            | 007641590 | 32080039 |             | 9270 |          |
| roadcasting, |           |          | Fort Wayne, |      |          |
| LLC          |           |          | ID          | 3    |          |
|              |           |          |             | 9269 |          |
| 4 Richmond   |           |          | WISH-TV     |      |          |
| Square       |           |          |             |      |          |
|              |           |          | In          |      |          |
| Providence , |           |          | dianapolis, |      |          |
| RI 02906     |           |          | IN          |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KCTZ         | 0         | 2006     | KBZK (TV)   | 3    | \$32,500 |
| Com          | 001811827 | 32080040 |             | 3756 |          |
| munications, |           |          | Bozeman, MT |      |          |
| Inc.         |           |          |             |      |          |
|              |           |          |             |      |          |
| 1128 East    |           |          |             |      |          |
| Main         |           |          |             |      |          |
|              |           |          |             |      |          |
| Bozeman, MT  |           |          |             |      |          |
| 59715        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KDBC         | 0         | 2006     | KDBC-TV     | 3    | \$32,500 |
| License, LLC | 010811776 | 32080041 |             | 3764 |          |
|              |           |          | El Paso, TX |      |          |
| 500 South    |           |          |             |      |          |
| Chinowth Rd  |           |          |             |      |          |
|              |           |          |             |      |          |
| Visalia, CA  |           |          |             |      |          |
| 93277        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KENS-TV,     | 0         | 2006     | KENS-TV     | 2    | \$32,500 |
| Inc.         | 008654188 | 32080042 |             | 6304 |          |
|              |           |          | San         |      |          |
| 400 South    |           |          | Antonio, TX |      |          |
| Record St.   |           |          |             |      |          |
|              |           |          |             |      |          |
| Dallas, TX   |           |          |             |      |          |
| 75202        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Ketchikan    | 0         | 2006     | KTNL (TV)   | 6    | \$32,500 |
| TV, LLC      | 005039896 | 32080043 |             | 0519 |          |
|              |           |          | Sitka, AK   |      |          |
| P.O. Box 348 |           |          |             |      |          |
|              |           |          |             |      |          |
| 2539 North   |           |          |             |      |          |
| Highway 67   |           |          |             |      |          |
|              |           |          |             |      |          |
| Sedalia, CO  |           |          |             |      |          |
| 80135        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KGAN         | 0         | 2006     | KGAN (TV)   | 2    | \$32,500 |
| Licensee,    | 009405226 | 32080044 |             | 5685 |          |
| LLC          |           |          | Cedar       |      |          |
|              |           |          | Rapids, IA  |      |          |
| Shaw Pittman |           |          |             |      |          |
| LLP.         |           |          |             |      |          |
|              |           |          |             |      |          |
| Attn: K.     |           |          |             |      |          |
| Schmeltzer   |           |          |             |      |          |
|              |           |          |             |      |          |
| 2300 N       |           |          |             |      |          |
| Street, N.W. |           |          |             |      |          |
|              |           |          |             |      |          |
| Washington,  |           |          |             |      |          |
| DC 20037     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KHOU-TV LP   | 0         | 2006     | KHOU-TV     | 3    | \$32,500 |
|              | 004542346 | 32080045 |             | 4529 |          |
| 1945 Allen   |           |          | Houston, TX |      |          |
| Parkway      |           |          |             |      |          |
|              |           |          |             |      |          |
| Houston, TX  |           |          |             |      |          |
| 77019        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KLFY, LP     | 0         | 2006     | KLFY-TV     | 3    | \$32,500 |
|              | 005575733 | 32080046 |             | 5059 |          |
| P.O. Box     |           |          | Lafayette,  |      |          |
| 1800         |           |          | LA          |      |          |
|              |           |          |             |      |          |
| Raleigh, NC  |           |          |             |      |          |
| 27602        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KMOV-TV,     | 0         | 2006     | KMOV (TV)   | 7    | \$32,500 |
| Inc.         | 001569110 | 32080047 |             | 0034 |          |
|              |           |          | St. Louis,  |      |          |
| 1 Memorial   |           |          | MO          |      |          |
| Drive        |           |          |             |      |          |
|              |           |          |             |      |          |
| St. Louis,   |           |          |             |      |          |
| MO 63102     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KPAX         | 0         | 2006     | KPAX-TV     | 3    | \$32,500 |
| Com          | 001811827 | 32080048 |             | 5455 |          |
| munications, |           |          | Missoula,   |      |          |
| Inc.         |           |          | MT          |      |          |
|              |           |          |             |      |          |
| P.O. Box     |           |          |             |      |          |
| 4827         |           |          |             |      |          |
|              |           |          |             |      |          |
| Missoula, MT |           |          |             |      |          |
| 59806        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KRTV         | 0         | 2006     | KRTV (TV)   | 3    | \$32,500 |
| Com          | 004523304 | 32080049 |             | 5567 |          |
| munications, |           |          | Great       |      |          |
| Inc.         |           |          | Falls, MT   |      |          |
|              |           |          |             |      |          |
| Post Office  |           |          |             |      |          |
| Box 2989     |           |          |             |      |          |
|              |           |          |             |      |          |
| Great Falls, |           |          |             |      |          |
| MT 59403     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KSLA License | 0         | 2006     | KSLA-TV     | 7    | \$32,500 |
| Subsidiary,  | 003733045 | 32080050 |             | 0482 |          |
| LLC          |           |          | Shreveport, |      |          |
|              |           |          | LA          |      |          |
| RSA Tower    |           |          |             |      |          |
| 20th Fl      |           |          |             |      |          |
|              |           |          |             |      |          |
| 201 Monroe   |           |          |             |      |          |
| St           |           |          |             |      |          |
|              |           |          |             |      |          |
| Montgomery,  |           |          |             |      |          |
| AL 36104     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KTVQ         | 0         | 2006     | KTVQ (TV)   | 3    | \$32,500 |
| Com          | 001628551 | 32080051 |             | 5694 |          |
| munications, |           |          | Billings,   |      |          |
| Inc.         |           |          | MT          |      |          |
|              |           |          |             |      |          |
| 3203 3^rd^   |           |          |             |      |          |
| Ave North    |           |          |             |      |          |
|              |           |          |             |      |          |
| Billings, MT |           |          |             |      |          |
| 59101        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KUTV         | 0         | 2006     | KUTV (TV)   | 3    | \$32,500 |
| Holdings,    | 009072380 | 32080052 |             | 5823 |          |
| Inc.         |           |          | Salt Lake   |      |          |
|              |           |          | City, UT    |      |          |
| 2000 K       |           |          |             |      |          |
| Street, N.W. |           |          |             |      |          |
| Suite 725    |           |          |             |      |          |
|              |           |          |             |      |          |
| Washington,  |           |          |             |      |          |
| DC 20006     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| KXLF         | 0         | 2006     | KXLF-TV     | 3    | \$32,500 |
| Com          | 001563956 | 32080053 |             | 5959 |          |
| munications, |           |          | Butte, MT   |      |          |
| Inc.         |           |          |             |      |          |
|              |           |          |             |      |          |
| 1003 Montana |           |          |             |      |          |
| Street       |           |          |             |      |          |
|              |           |          |             |      |          |
| Butte, MT    |           |          |             |      |          |
| 59701        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Libco, Inc.  | 0         | 2006     | KGBT-TV     | 3    | \$32,500 |
|              | 001881523 | 32080054 |             | 4457 |          |
| 2215 B       |           |          | Harlingen,  |      |          |
| Renaissance  |           |          | TX          |      |          |
| Drive, Ste 5 |           |          |             |      |          |
|              |           |          |             |      |          |
| Las Vegas,   |           |          |             |      |          |
| NV 89119     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Malara       | 0         | 2006     | KDLH (TV)   | 4691 | \$32,500 |
| Broadcast    | 002836237 | 32080055 |             |      |          |
| Group of     |           |          | Duluth, MN  |      |          |
| Duluth       |           |          |             |      |          |
| Licensee,    |           |          |             |      |          |
| LLC          |           |          |             |      |          |
|              |           |          |             |      |          |
| 5880         |           |          |             |      |          |
| Midnight     |           |          |             |      |          |
| Pass Rd Apt  |           |          |             |      |          |
| 701          |           |          |             |      |          |
|              |           |          |             |      |          |
| Siesta Key,  |           |          |             |      |          |
| FL           |           |          |             |      |          |
| 34242-2104   |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| MMT License, | 0         | 2006     | KYTX (TV)   | 5    | \$32,500 |
| LLC          | 009745027 | 32080056 |             | 5644 |          |
|              |           |          | N           |      |          |
| 900 Laskin   |           |          | acogdoches, |      |          |
| Road         |           |          | TX          |      |          |
|              |           |          |             |      |          |
| Virgina      |           |          |             |      |          |
| Beach, VA    |           |          |             |      |          |
| 23451        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Media        | 0         | 2006     | KBSH-TV     | 6    | \$97,500 |
| General      | 002207520 | 32080057 |             | 6415 |          |
|              |           |          | Hays, KS    |      |          |
| Broadcasting |           |          |             | 6    |          |
| of South     |           |          | KIMT (TV)   | 6402 |          |
| Carolina     |           |          |             |      |          |
| Holdings,    |           |          | Mason City, | 7    |          |
| Inc.         |           |          | IA          | 3187 |          |
|              |           |          |             |      |          |
| 333 East     |           |          | WKRG-TV     |      |          |
| Franklin     |           |          |             |      |          |
| Street       |           |          | Mobile, AL  |      |          |
|              |           |          |             |      |          |
| Richmond, VA |           |          |             |      |          |
| 23219        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Media        | 0         | 2006     | WDEF-TV     | 5    | \        |
| General      | 002050185 | 32080058 |             | 4385 | $162,500 |
| Com          |           |          | C           |      |          |
| munications, |           |          | hattanooga, | 4    |          |
| Inc.         |           |          | TN          | 8668 |          |
|              |           |          |             |      |          |
| 333 East     |           |          | WHLT (TV)   | 5360 |          |
| Franklin     |           |          |             |      |          |
| Street       |           |          | H           | 5    |          |
|              |           |          | attiesburg, | 7826 |          |
| Richmond, VA |           |          | MS          |      |          |
| 23219        |           |          |             | 4    |          |
|              |           |          | WIAT (TV)   | 8667 |          |
|              |           |          |             |      |          |
|              |           |          | Birmingham, |      |          |
|              |           |          | AL          |      |          |
|              |           |          |             |      |          |
|              |           |          | WJHL-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Johnson     |      |          |
|              |           |          | City, TN    |      |          |
|              |           |          |             |      |          |
|              |           |          | WJTV (TV)   |      |          |
|              |           |          |             |      |          |
|              |           |          | Jackson, MS |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Meredith     | 0         | 2006     | KCTV (TV)   | 4    | \$66,000 |
| Corp.        | 005810726 | 32080059 |             | 1230 |          |
|              |           |          | Kansas      |      |          |
| 1716 Locust  |           |          | City, MO    | 4    |          |
| St           |           |          |             | 1223 |          |
|              |           |          | KPHO-TV     |      |          |
| Des Moines   |           |          |             |      |          |
| IA           |           |          | Phoenix, AZ |      |          |
| 50309-33203  |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Mission      | 0         | 2006     | KOLR (TV)   | 2    | \$32,500 |
| B            | 003725389 | 32080060 |             | 8496 |          |
| roadcasting, |           |          | S           |      |          |
| Inc.         |           |          | pringfield, |      |          |
|              |           |          | MO          |      |          |
| 544 Red Rock |           |          |             |      |          |
| Dr           |           |          |             |      |          |
|              |           |          |             |      |          |
| Wadsworth,   |           |          |             |      |          |
| OH 44281     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Neuhoff      | 0         | 2006     | KMVT (TV)   | 3    | \$32,500 |
| Family       | 005011648 | 32080061 |             | 5200 |          |
| Partnership  |           |          | Twin Falls, |      |          |
|              |           |          | ID          |      |          |
| 11793 Lake   |           |          |             |      |          |
| House Court  |           |          |             |      |          |
|              |           |          |             |      |          |
| North Palm   |           |          |             |      |          |
| Beach,       |           |          |             |      |          |
|              |           |          |             |      |          |
| FL 33408     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| News Channel | 0         | 2006     | WTVF (TV)   | 3    | \$32,500 |
| 5 Network,   | 002054880 | 32080062 |             | 6504 |          |
| LP           |           |          | Nashville,  |      |          |
|              |           |          | TN          |      |          |
| 474 James    |           |          |             |      |          |
| Robertson    |           |          |             |      |          |
| Pky.         |           |          |             |      |          |
|              |           |          |             |      |          |
| Nashville,   |           |          |             |      |          |
| TN 37219     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| New York     | 0         | 2006     | KFSM-TV     | 6    | \$97,500 |
| Times        | 003481587 | 32080063 |             | 6469 |          |
| Management   |           |          | Fort Smith, |      |          |
| Services     |           |          | AK          | 4    |          |
| Corporate    |           |          |             | 8693 |          |
| Center 1,    |           |          | WHNT-TV     |      |          |
| I            |           |          |             | 6    |          |
| nternational |           |          | Huntsville, | 6174 |          |
| Plaza        |           |          | AL          |      |          |
|              |           |          |             |      |          |
| 2202 N.W.    |           |          | WREG-TV     |      |          |
| Shore Blvd., |           |          |             |      |          |
| Suite 370    |           |          | Memphis, TN |      |          |
|              |           |          |             |      |          |
| Tampa, FL    |           |          |             |      |          |
| 33607        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Nexstar      | 0         | 2006     | KLBK-TV     | 3660 | \        |
| B            | 009961889 | 32080064 |             |      | $187,500 |
| roadcasting, |           |          | Lubbock, TX | 3    |          |
| Inc.         |           |          |             | 1114 |          |
|              |           |          | KLST (TV)   |      |          |
| 909 Lake     |           |          |             | 5    |          |
| Carolyn      |           |          | San Angelo, | 9988 |          |
| Parkway Ste  |           |          | TX          |      |          |
| 1450         |           |          |             | 4    |          |
|              |           |          | KTAB-TV     | 2124 |          |
| Irving, TX   |           |          |             |      |          |
| 75039        |           |          | Abilene, TX | 4    |          |
|              |           |          |             | 2121 |          |
|              |           |          | WCIA (TV)   |      |          |
|              |           |          |             |      |          |
|              |           |          | Champaign,  |      |          |
|              |           |          | IL          |      |          |
|              |           |          |             |      |          |
|              |           |          | WMBD-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Peoria, IL  |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Noe Corp.    | 0         | 2006     | KNOE (TV)   | 4    | \$32,500 |
| LLC          | 008295198 | 32080065 |             | 8975 |          |
|              |           |          | Monroe, LA  |      |          |
| 1400 Oliver  |           |          |             |      |          |
| Road         |           |          |             |      |          |
|              |           |          |             |      |          |
| Monroe, LA   |           |          |             |      |          |
| 71211        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Panhandle    | 0         | 2006     | KFDA-TV     | 5    | \$32,500 |
| Telecasting  | 001662899 | 32080066 |             | 1466 |          |
| Company      |           |          | Amarillo,   |      |          |
|              |           |          | TX          |      |          |
| PO Box 10    |           |          |             |      |          |
|              |           |          |             |      |          |
| Amarillo, TX |           |          |             |      |          |
| 79105        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Pappas       | 0         | 2006     | KSWT (TV)   | 3    | \$32,500 |
| Arizona      | 004934683 | 32080067 |             | 3639 |          |
| License, LLC |           |          | Yuma, AZ    |      |          |
|              |           |          |             |      |          |
| 500 South    |           |          |             |      |          |
| Chinowth     |           |          |             |      |          |
| Road         |           |          |             |      |          |
|              |           |          |             |      |          |
| Visalia, CA  |           |          |             |      |          |
| 93277        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Primeland    | 0         | 2006     | WLFI-TV     | 7    | \$32,500 |
| Television,  | 007641590 | 32080068 |             | 3204 |          |
| Inc.         |           |          | Lafayette,  |      |          |
|              |           |          | IN          |      |          |
| 4 Richmond   |           |          |             |      |          |
| Sq Ste 200   |           |          |             |      |          |
|              |           |          |             |      |          |
| Providence,  |           |          |             |      |          |
| RI 02906     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Queen B      | 0         | 2006     | WKBT (TV)   | 7    | \$32,500 |
| Television,  | 003769973 | 32080069 |             | 4424 |          |
| LLC          |           |          | La Crosse,  |      |          |
|              |           |          | WI          |      |          |
| 141 S. 6^th^ |           |          |             |      |          |
| Street       |           |          |             |      |          |
|              |           |          |             |      |          |
| P.O. Box     |           |          |             |      |          |
| 1867         |           |          |             |      |          |
|              |           |          |             |      |          |
| Lacrosse, WI |           |          |             |      |          |
| 54601        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Raycom       | 0         | 2006     | KFVS-TV     | 592  | \$65,000 |
| America      | 001835289 | 32080070 |             |      |          |
| License      |           |          | Cape        | 4    |          |
| Subsidiary,  |           |          | Giradeau,   | 8663 |          |
| LLC          |           |          | MO          |      |          |
|              |           |          |             |      |          |
| RSA Tower    |           |          | KOLD-TV     |      |          |
| 20th FL 201  |           |          |             |      |          |
| Monroe St    |           |          | Tucson, AZ  |      |          |
|              |           |          |             |      |          |
| Montgomery,  |           |          |             |      |          |
| AL 36104     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Reiten       | 0         | 2006     | KXMA-TV     | 5    | \        |
| Television,  | 002476885 | 32080071 |             | 5684 | $130,000 |
| Inc.         |           |          | Dickinson,  |      |          |
|              |           |          | ND          | 5    |          |
| 1625 West    |           |          |             | 5686 |          |
| Villard      |           |          | KXMB-TV     |      |          |
|              |           |          |             | 5    |          |
| Dickinson,   |           |          | Bismarck,   | 5685 |          |
| ND 58701     |           |          | ND          |      |          |
|              |           |          |             | 5    |          |
|              |           |          | KXMC-TV     | 5683 |          |
|              |           |          |             |      |          |
|              |           |          | Minot, ND   |      |          |
|              |           |          |             |      |          |
|              |           |          | KXMD-TV     |      |          |
|              |           |          |             |      |          |
|              |           |          | Williston,  |      |          |
|              |           |          | ND          |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Saga         | 0         | 2006     | WXVT (TV)   | 2    | \$32,500 |
| B            | 005237599 | 32080072 |             | 5236 |          |
| roadcasting, |           |          | Greenville, |      |          |
| LLC          |           |          | MS          |      |          |
|              |           |          |             |      |          |
| 73 Kercheval |           |          |             |      |          |
| Ave          |           |          |             |      |          |
|              |           |          |             |      |          |
| Grosse       |           |          |             |      |          |
| Pointe       |           |          |             |      |          |
| Farms, MI    |           |          |             |      |          |
| 48236        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Saga Quad    | 0         | 2006     | KOAM-TV     | 5    | \$32,500 |
| States       | 003574084 | 32080073 |             | 8552 |          |
| Com          |           |          | Pittsburg,  |      |          |
| munications, |           |          | KS          |      |          |
| LLC          |           |          |             |      |          |
|              |           |          |             |      |          |
| 73 Kercheval |           |          |             |      |          |
| Ave          |           |          |             |      |          |
|              |           |          |             |      |          |
| Grosse       |           |          |             |      |          |
| Pointe       |           |          |             |      |          |
| Farms, MI    |           |          |             |      |          |
| 48236        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Sagamore     | 0         | 2006     | KGWN-TV     | 6    | \$65,000 |
| Hill         | 009676958 | 32080074 |             | 3166 |          |
| Broadcasting |           |          | Cheyenne,   |      |          |
| of           |           |          | WY          | 6    |          |
| Wyom         |           |          |             | 3182 |          |
| ing/Northern |           |          | KSTF (TV)   |      |          |
| Colorado,    |           |          |             |      |          |
| LLC          |           |          | Gering, NE  |      |          |
|              |           |          |             |      |          |
| Two          |           |          |             |      |          |
| Embarcadero  |           |          |             |      |          |
| Ctr.         |           |          |             |      |          |
|              |           |          |             |      |          |
| 23rd Floor   |           |          |             |      |          |
|              |           |          |             |      |          |
| San          |           |          |             |      |          |
| Francisco,   |           |          |             |      |          |
| CA 94111     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Television   | 0         | 2006     | WISC-TV     | 6    | \$32,500 |
| Wisconsin,   | 002715563 | 32080075 |             | 5143 |          |
| Inc.         |           |          | Madison, WI |      |          |
|              |           |          |             |      |          |
| P.O. Box     |           |          |             |      |          |
| 44965        |           |          |             |      |          |
|              |           |          |             |      |          |
| Madison, WI  |           |          |             |      |          |
| 53744        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| United       | 0         | 2006     | KEYC-TV     | 6    | \$32,500 |
| Co           | 002210383 | 32080076 |             | 8853 |          |
| mmunications |           |          | Mankato, MN |      |          |
|              |           |          |             |      |          |
| Corp.        |           |          |             |      |          |
|              |           |          |             |      |          |
| 715 58^th^   |           |          |             |      |          |
| Street       |           |          |             |      |          |
|              |           |          |             |      |          |
| Kenosha, WI  |           |          |             |      |          |
| 53140        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| WAFB License | 0         | 2006     | WAFB (TV)   | 589  | \$32,500 |
| Subsidiary   | 003733060 | 32080077 |             |      |          |
| LLC          |           |          | Baton       |      |          |
|              |           |          | Rouge, LA   |      |          |
| RSA Tower    |           |          |             |      |          |
| 20th Fl      |           |          |             |      |          |
|              |           |          |             |      |          |
| 201 Monroe   |           |          |             |      |          |
| St           |           |          |             |      |          |
|              |           |          |             |      |          |
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| AL 36104     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| Waitt        | 0         | 2006     | KMEG (TV)   | 3    | \$32,500 |
| B            | 004957650 | 32080078 |             | 9665 |          |
| roadcasting, |           |          | Sioux City, |      |          |
| Inc.         |           |          | IA          |      |          |
|              |           |          |             |      |          |
| 1125 S 103rd |           |          |             |      |          |
| St Ste 200   |           |          |             |      |          |
|              |           |          |             |      |          |
| Omaha, NE    |           |          |             |      |          |
| 6812         |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| WCBI-TV, LLC | 0         | 2006     | WCBI-TV     | 1    | \$32,500 |
|              | 005413471 | 32080079 |             | 2477 |          |
| 27 Abercorn  |           |          | Columbus,   |      |          |
| Street       |           |          | MS          |      |          |
|              |           |          |             |      |          |
| Savannah, GA |           |          |             |      |          |
| 31412        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
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| Limited      | 009562265 | 32080080 |             | 1427 |          |
| Partnership  |           |          | Milwaukee,  |      |          |
|              |           |          | WI          |      |          |
| 26 N Halsted |           |          |             |      |          |
| St           |           |          |             |      |          |
|              |           |          |             |      |          |
| Chicago, IL  |           |          |             |      |          |
| 60661        |           |          |             |      |          |
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|              | 001744838 | 32080081 |             | 3255 |          |
| P.O. Box     |           |          |             |      |          |
| 2424         |           |          |             |      |          |
|              |           |          |             |      |          |
| Meridian, MS |           |          |             |      |          |
| 39302        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
| WSBT, Inc.   | 0         | 2006     | WSBT-TV     | 7    | \$32,500 |
|              | 008712937 | 32080082 |             | 3983 |          |
| 300 W.       |           |          | South Bend, |      |          |
| Jefferson    |           |          | IN          |      |          |
| Blvd.        |           |          |             |      |          |
|              |           |          |             |      |          |
| South Bend,  |           |          |             |      |          |
| IN 46601     |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+
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|              | 008654154 | 32080083 |             | 4192 |          |
| 1024 North   |           |          | New         |      |          |
| Rampart St.  |           |          | Orleans, LA |      |          |
|              |           |          |             |      |          |
| New Orleans, |           |          |             |      |          |
| LA 70116     |           |          |             |      |          |
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| Young        | 0         | 2006     | KCLO-TV     | 4    | \$32,500 |
| Broadcasting | 003475449 | 32080084 |             | 1969 |          |
| of Rapid     |           |          | Rapid City, |      |          |
| City, Inc.   |           |          | SD          |      |          |
|              |           |          |             |      |          |
| P.O. Box     |           |          |             |      |          |
| 1800         |           |          |             |      |          |
|              |           |          |             |      |          |
| Raleigh, NC  |           |          |             |      |          |
| 27602        |           |          |             |      |          |
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| Young        | 0         | 2006     | KELO-TV     | 4    | \$65,000 |
| Broadcasting | 003475464 | 32080085 |             | 1983 |          |
| of Sioux     |           |          | Sioux       |      |          |
| Falls, Inc.  |           |          | Falls, SD   | 4    |          |
|              |           |          |             | 1964 |          |
| P.O. Box     |           |          | KPLO-TV     |      |          |
| 1800         |           |          |             |      |          |
|              |           |          | Reliance,   |      |          |
| Raleigh, NC  |           |          | SD          |      |          |
| 27602        |           |          |             |      |          |
+--------------+-----------+----------+-------------+------+----------+

**STATEMENT OF**

**CHAIRMAN KEVIN J. MARTIN**

*Re: Complaints Against Various Television Licensees Concerning Their
February 1, 2004 Broadcast of the Super Bowl XXXVIII Halftime Show;
Complaints Regarding Various Television Broadcasts Between February 2,
2002 and March 8, 2005; Complaints Against Various Television Licensees
Concerning Their December 31, 2004 Broadcast of the Program "Without A
Trace"*

Congress has long prohibited the broadcasting of indecent and profane
material and the courts have upheld challenges to these standards. But
the number of complaints received by the Commission has risen year after
year. They have grown from hundreds, to hundreds of thousands. And the
number of programs that trigger these complaints continues to increase
as well. I share the concerns of the public - and of parents, in
particular - that are voiced in these complaints.

I believe the Commission has a legal responsibility to respond to them
and resolve them in a consistent and effective manner. So I am pleased
that with the decisions released today the Commission is resolving
hundreds of thousands of complaints against various broadcast licensees
related to their televising of 49 different programs. These decisions,
taken both individually and as a whole, demonstrate the Commission's
continued commitment to enforcing the law prohibiting the airing of
obscene, indecent and profane material.

Additionally, the Commission today affirms its initial finding that the
broadcast of the Super Bowl XXXVIII Halftime Show was actionably
indecent. We appropriately reject the argument that CBS continues to
make that this material is not indecent. That argument runs counter to
Commission precedent and common sense.

**STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS**

*Re:      Complaints Regarding Various Television Broadcasts Between
January 1, 2002 and March 12, 2005, Notices of Apparent Liability and
Memorandum Opinion and Order*

*Complaints Against Various Television Licensees Concerning Their
December 31, 2004 Broadcast of the Program "Without A Trace," Notice of
Apparent Liability*

*Complaints Against Various Television Licensees Concerning Their
February 1, 2004 Broadcast Of The Super Bowl XXXVII Halftime Show,
Forfeiture Order*

In the past, the Commission too often addressed indecency complaints
with little discussion or analysis, relying instead on generalized
pronouncements.  Such an approach served neither aggrieved citizens nor
the broadcast industry.  Today, the Commission not only moves forward to
address a number of pending complaints, but does so in a manner that
better analyzes each broadcast and explains how the Commission
determines whether a particular broadcast is indecent.  Although it may
never be possible to provide 100 percent certain guidance because we
must always take into account specific and often-differing contexts, the
approach in today's orders can help to develop such guidance and to
establish precedents.  This measured process, common in jurisprudence,
may not satisfy those who clamor for immediate certainty in an uncertain
world, but it may just be the best way to develop workable rules of the
road.   

 

Today's Orders highlight two additional issues with which the Commission
must come to terms.  First, it is time for the Commission to look at
indecency in the broader context of its decisions on media
consolidation.  In 2003 the FCC sought to weaken its remaining media
concentration safeguards without even considering whether there is a
link between increasing media consolidation and increasing indecency. 
Such links have been shown in studies and testified to by a variety of
expert witnesses.  The record clearly demonstrates that an overwhelming
number of the Commission's indecency citations have gone to a few huge
media conglomerates.  One recent study showed that the four largest
radio station groups which controlled just under half the radio audience
were responsible for a whopping 96 percent of the indecency fines levied
by the FCC from 2000 to 2003. 

 

One of the reasons for the huge volume of complaints about excessive sex
and graphic violence in the programming we are fed may be that people
feel increasingly divorced from their "local" media.  They believe the
media no longer respond to their local communities.  As media
conglomerates grow ever larger and station control moves farther away
from the local community, community standards seem to count for less
when programming decisions are made.  Years ago we had independent
programming created from a diversity of sources.  Networks would then
decide which programming to distribute.  Then local affiliates would
independently decide whether to air that programming.  This provided
some real checks and balances.  Nowadays so many of these decisions are
made by vertically-integrated conglomerates headquartered far away from
the communities they are supposed to be serving---entities that all too
often control both the distribution ***and*** the production content of
the programming. 

 

If heightened media consolidation is indeed a source for the violence
and indecency that upset so many parents, shouldn't the Commission be
cranking that into its decisions on further loosening of the ownership
rules?  I hope the Commission, before voting again on loosening its
media concentration protections, will finally take a serious look at
this link and amass a credible body of evidence and not act again
without the facts, as it did in 2003.

Second, a number of these complaints concern graphic broadcast
violence.  The Commission states that it has taken comment on this issue
in another docket.  It is time for us to step up to the plate and tackle
the issue of violence in the media.  The U.S. Surgeon General, the
American Academy of Pediatrics, the American Psychological Association,
the American Medical Association, and countless other medical and
scientific organizations that have studied this issue have reached the
same conclusion: exposure to graphic and excessive media violence has
harmful effects on the physical and mental health of our children.  We
need to complete this proceeding.

 

**STATEMENT OF**

**Commissioner Jonathan S. Adelstein**

**Concurring**

*Re:* *Complaints Against Various Television Licensees Concerning Their
December 31, 2004 Broadcast of the Program "Without A Trace,"* Notice of
Apparent Liability for Forfeiture

I have sworn an oath to uphold the Constitution[^30] and to carry out
the laws adopted by Congress.[^31] Trying to find a balance between
these obligations has been challenging in many of the indecency cases
that I have decided. I believe it is our duty to regulate the broadcast
of indecent material to the fullest extent permissible by the
Constitution because safeguarding the well-being of our children is a
compelling national interest.[^32] I therefore have supported efforts to
step up our enforcement of indecency laws since I joined the Commission.

The Commission's authority to regulate indecency over the public
airwaves was narrowly upheld by the Supreme Court with the admonition
that we should exercise that authority with the utmost restraint, lest
we inhibit constitutional rights and transgress constitutional
limitations on government regulation of protected speech.[^33] Given the
Court's guidance in *Pacifica,* the Commission has repeatedly stated
that we would judiciously walk a "tightrope" in exercising our
regulatory authority.[^34] Hence, within this legal context, a rational
and principled "restrained enforcement policy" is not a matter of mere
regulatory convenience. It is a constitutional requirement. [^35]

Accordingly, I concur with the instant decision, but concur in part and
dissent in part with the companion Omnibus Order[^36] because, while in
some ways the Omnibus decision does not go far enough, in other ways it
goes too far. Significantly, it abruptly departs from our precedents by
adopting a new, weaker enforcement mechanism that arbitrarily fails to
assess fines against broadcasters who have aired indecent material.
Additionally, while the Omnibus Order appropriately identifies
violations of our indecency laws, not every instance determined to be
indecent meets that standard.

We have previously sought to identify all broadcasters who have aired
indecent material and hold them accountable. In the Omnibus Order,
however, the Commission inexplicably fines only the licensee whose
broadcast of indecent material was the subject of a viewer's complaint,
even though we know millions of other Americans were exposed to the
offending broadcast. I cannot find anywhere in the law that Congress
told us to apply indecency regulations only to those stations against
which a complaint was specifically lodged. The law requires us to
prohibit the broadcast of indecent material, period. This means that we
must enforce the law anywhere we determine it has been violated. It is
willful blindness to decide, with respect to network broadcasts we know
aired nationwide, that we will only enforce the law against the local
station that happens to be the target of viewer complaints. How can we
impose a fine solely on certain local broadcasters, despite having
repeatedly said that the Commission applies a national indecency
standard -- not a local one?[^37]

The failure to enforce the rules against some stations but not others is
not what the courts had in mind when they counseled restraint. In fact,
the Supreme Court's decision in *Pacifica* was based on the uniquely
pervasive characteristics of broadcast media.[^38] It is patently
arbitrary to hold some stations but not others accountable for the same
broadcast. We recognized this just two years ago in *Married By
America*.[^39] The Commission simply inquired who aired the indecent
broadcast and fined all of those stations that did so.

In the *Super Bowl XXXVIII Halftime Show* decision, we held only those
stations owned and operated by the CBS network responsible, under the
theory that the affiliates did not expect the incident and it was
primarily the network's fault.[^40] I dissented in part to that case
because I believed we needed to apply the same sanction to every station
that aired the offending material. I raise similar concerns today, in
the context of the Omnibus Order.

The Commission is constitutionally obligated to decide broadcast
indecency and profanity cases based on the "contemporary community
standard," which is "that of the average broadcast viewer or listener."
The Commission has explained the "contemporary community standard," as
follows:

> We rely on our collective experience and knowledge, developed through
> constant interaction with lawmakers, courts, broadcasters, public
> interest groups and ordinary citizens, to keep abreast of contemporary
> community standards for the broadcast medium.[^41]

I am concerned that the Omnibus Order overreaches with its expansion of
the scope of indecency and profanity law, without first doing what is
necessary to determine the appropriate contemporary community standard.

The Omnibus Order builds on one of the most difficult cases we have ever
decided, *Golden Globe Awards*, [^42] and stretches it beyond the limits
of our precedents and constitutional authority. The precedent set in
that case has been contested by numerous broadcasters, constitutional
scholars and public interest groups who have asked us to revisit and
clarify our reasoning and decision. Rather than reexamining that case,
the majority uses the decision as a springboard to add new words to the
pantheon of those deemed to be inherently sexual or excretory, and
consequently indecent and profane, irrespective of their common meaning
or of a fleeting and isolated use. By failing to address the many
serious concerns raised in the reconsideration petitions filed in the
*Golden Globe Awards* case, before prohibiting the use of additional
words, the Commission falls short of meeting the constitutional standard
and walking the tightrope of a restrained enforcement policy.

This approach endangers the very authority we so delicately retain to
enforce broadcast decency rules. If the Commission in its zeal oversteps
and finds our authority circumscribed by the courts, we may forever lose
the ability to protect children from the airing of indecent material,
barring an unlikely constitutional amendment setting limitations on the
First Amendment freedoms.

The perilous course taken today is evident in the approach to the
acclaimed Martin Scorsese documentary, "The Blues: Godfathers and Sons."
It is clear from a common sense viewing of the program that coarse
language is a part of the culture of the individuals being portrayed. To
accurately reflect their viewpoint and emotions about blues music
requires airing of certain material that, if prohibited, would undercut
the ability of the filmmaker to convey the reality of the subject of the
documentary. This contextual reasoning is consistent with our decisions
in *Saving Private Ryan*[^43] and *Schindler's List*.[^44]

The Commission has repeatedly reaffirmed, and the courts have
consistently underscored, the importance of content *and* context. The
majority's decision today dangerously departs from those precedents. It
is certain to strike fear in the hearts of news and documentary makers,
and broadcasters that air them, which could chill the future expression
of constitutionally protected speech.

We should be mindful of Justice Harlan's observation in *Cohen v.
California*.[^45] Writing for the Court, he observed:

> \[W\]ords are often chosen as much for their emotive as their
> cognitive force. We cannot sanction the view that the Constitution,
> while solicitous of the cognitive content of individual speech, has
> little or no regard for that emotive function which, practically
> speaking, may often be the more important element of the overall
> message sought to be communicated.[^46]

Given all of these considerations, I find that the Omnibus Order, while
reaching some appropriate conclusions both in identifying indecent
material and in dismissing complaints, is in some ways dangerously off
the mark. I cannot agree that it offers a coherent, principled long-term
framework that is rooted in common sense. In fact, it may put at risk
the very authority to protect children that it exercises so vigorously.

**STATEMENT OF**

**COMMISSIONER DEBORAH TAYLOR TATE**

*Re: Re: Complaints Against Various Television Licensees Concerning
Their February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime
Show*, Forfeiture Order; *Complaints Against Various Television
Licensees Concerning Their December 31, 2004 Broadcast of the Program
"Without A Trace,"* Notice of Apparent Liability for Forfeiture;
*Complaints Regarding Various Television Broadcasts Between February 2,
2002 and March 8, 2005*, Notices of Apparent Liability and Memorandum
Opinion and Order

Today marks my first opportunity as a member of the Federal
Communications Commission to uphold our responsibility to enforce the
federal statute prohibiting the airing of obscene, indecent or profane
language.[^47] To be clear -- I take this responsibility very seriously.
Not only is this the law, but it also is the right thing to do.

One of the bedrock principles of the Communications Act of 1934, as
amended, is that the airwaves belong to the public. Much like public
spaces and national landmarks, these are scarce and finite resources
that must be preserved for the benefit of all Americans. If numbers are
any indication, many Americans are not happy about the way that their
airwaves are being utilized. The number of complaints filed with the FCC
reached over one million in 2004. Indeed, since taking office in January
2006, I have received hundreds of personal e-mails from people all over
this country who are unhappy with the content to which they -- and, in
particular, their families -- are subjected.

I have applauded those cable and DBS providers for the tools they have
provided to help parents and other concerned citizens filter out
objectionable content. Parental controls incorporated into cable and DBS
set-top boxes, along with the V-Chip, make it possible to block
programming based upon its content rating. However, these tools, even
when used properly, are not a complete solution. One of the main reasons
for that is because much of the content broadcast, including live
sporting events and commercials, are not rated under the two systems
currently in use.

I also believe that consumers have an important role to play as well.
Caregivers -- parents, in particular -- need to take an active role in
monitoring the content to which children are exposed. Even the most
diligent parent, however, cannot be expected to protect their children
from indecent material broadcast during live sporting events or in
commercials that appear during what is marketed to be "appropriate"
programming.

Today, we are making significant strides toward addressing the backlog
of indecency complaints before this agency. The rules are simple -- you
break them and we will enforce the law, just as we are doing today. Both
the public and the broadcasters deserve prompt and timely resolution of
complaints as they are filed, and I am glad to see us act to resolve
these complaints. At the same time, however, I would like to raise a few
concerns regarding the complaints we address in these decisions.

First, I would like to discuss the complaint regarding the 6:30 p.m.
Eastern Daylight Time airing of an episode of *The Simpsons*. The
*Order* concludes that this segment is not indecent, in part because of
the fact that *The Simpsons* is a cartoon. Generally speaking, cartoons
appeal to children, though some may cater to both children and adults
simultaneously. Nevertheless, the fact remains that children were
extremely likely to have been in the viewing audience when this scene
was broadcast. Indeed, the marketing is aimed at children. If the scene
had involved real actors in living color, at 5:30 p.m. Central Standard
Time, I wonder if our decision would have been different? One might
argue that the cartoon medium may be a more insidious means of exposing
young people to such content. By their very nature, cartoons do not
accurately portray reality, and in this instance the use of animation
may well serve to present that material in a more flattering light than
it would if it were depicted through live video. I stop short of
disagreeing with our decision in this case, but note that the animated
nature of the broadcast, in my opinion, may be cause for taking an even
closer look in the context of our indecency analysis.

Second, our conclusion regarding the 9:00 p.m. Central Standard Time
airing of an episode of *Medium* in which a woman is shot at point-blank
range in the face by her husband gives me pause. While I agree with the
result in this case, I question our conclusion that the sequence
constitutes violence *per se* and therefore falls outside the scope of
the Commission's definition of indecency. Without question, this scene
is violent, graphically so. Moreover, it is presented in a way that
appears clearly designed to maximize its shock value. And therein lies
my concern. One of the primary ways that this scene shocks is that it
leads the viewer to believe that the action is headed in one direction
-- through dialogue and actions which suggest that interaction of a
sexual nature is about to occur -- and then abruptly erupts in another
-- the brutally violent shooting of a wife by her husband, in the head,
at point-blank range. Even though the Commission's authority under
Section 1464 is limited to indecent, obscene, and profane content, and
thus does not extend to violent matter, the use of violence as the
"punch line" of titillating sexual innuendo should not insulate
broadcast licensees from our authority. To the contrary, the use of
sexual innuendo may, depending on the specific case, subject a licensee
to potential forfeiture, regardless of the overall violent nature of the
sequence in which such sexual innuendo is used.

\* \* \*

Finally, I would like to express my hope and belief that the problem of
indecent material is one that can be solved. Programmers, artists,
writers, broadcasters, networks, advertisers, parents, public interest
groups, and, yes, even Commissioners can protect two of our country's
most valuable resources: the public airwaves and our children's minds.
We must take a stand against programming that robs our children of their
innocence and constitutes an unwarranted intrusion into our homes. By
working together, we should promote the creation of programming that is
not just entertaining, but also positive, educational, healthful, and,
perhaps, even inspiring.

[^1]: The NAL/Acct. Nos. and FRN numbers for each licensee subject to
    this Notice of Apparent Liability For Forfeiture are contained in
    Attachment A hereto.

[^2]: 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]: 18 U.S.C. § 1464.

[^5]: 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).

[^6]: *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.").

[^7]: *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. Pacifica*, 438
    U.S. 726).

[^8]: *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.

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

[^10]: *Id.* at 8002-15 ¶¶ 8-23.

[^11]: *Id.* at 8003 ¶ 10.

[^12]: *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).

[^13]: *Indecency Policy Statement*, 16 FCC Rcd at 8010 ¶ 20 (noting
    that "the manner and purpose of a presentation may well preclude an
    indecency determination even though other factors, such as
    explicitness, might weigh in favor of an indecency finding").

[^14]: *See Syracuse Peace Council*, Memorandum Opinion and Order, 2 FCC
    Rcd 5043, 5050-51 ¶ 52 (1987) (subsequent history omitted)
    (eliminating the fairness doctrine, which placed an affirmative
    obligation on broadcasters to cover, and present contrasting
    viewpoints on, controversial issues of public importance).

[^15]: 47 U.S.C. § 503(b)(1)(B) & D. *See also* 47 C.F.R. 1.80(a)(1).

[^16]: 47 U.S.C. § 312(f)(1).

[^17]: *See* H.R. Rep. No. 97-765, 97^th^ Cong. 2d Sess. 51 (1982).

[^18]: *See Southern California Broadcasting Co.*, Memorandum Opinion
    and Order, 6 FCC Rcd 4387, 4388 (1991).

[^19]: *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).

[^20]: *Forfeiture Policy Statement*, 12 FCC Rcd at 17100-01 ¶ 27.

[^21]: *See 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).

[^22]: *See* *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, 20194 ¶ 10 (2004) (finding that "although the nudity
    was pixilated, even a child would have known that the strippers were
    topless and that sexual activity was being shown").

[^23]: In any event, even if the depictions had been more essential to
    the program, the other two factors weigh heavily in favor of a
    finding of patent offensiveness as measured by contemporary
    community standards for the broadcast medium, so we would not alter
    our ultimate conclusion in this case.

[^24]: *See* 47 C.F.R. § 73.3999.

[^25]: *See supra* ¶ 9.

[^26]: 19 FCC Rcd at 21096 ¶ 16.

[^27]: The fact that the stations in question may not have originated
    the programming in question 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.").

[^28]: *See* 47 C.F.R. § 1.1914.

[^29]: 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
    licensees specified in Attachment A hereto.

[^30]: [U.S. Const.]{.smallcaps}, amend. I.

[^31]: Congress has specifically forbidden the broadcast of obscene,
    indecent or profane language. 18 U.S.C. § 1464. It has also
    forbidden censorship. 47 U.S.C. § 326.

[^32]: *See, e.g.*, *N.Y. v. Ferber,* 458 U.S. 747, 756-57 (1982).

[^33]: *See FCC v. Pacifica Foundation*, 438 U.S. 726, 750 (1978)
    (emphasizing the "narrowness" of the Court's holding); *Action for
    Children's Television v. FCC*, 852 F.2d 1332, 1344 (D.C. Cir. 1988)
    ("*ACT I"*) ("Broadcast material that is indecent but not obscene is
    protected by the \[F\]irst \[A\]mendment.").

[^34]: *See* Brief for Petitioner, FCC, 1978 WL 206838 at \*9.

[^35]: *ACT I,* *supra* note 4, at 1344 ("the FCC may regulate
    \[indecent\] material only with due respect for the high value our
    Constitution places on freedom and choice in what the people say and
    hear."); *Id.* at 1340 n.14 ("\[T\]he potentially chilling effect of
    the FCC's generic definition of indecency will be tempered by the
    Commission's restrained enforcement policy.").

[^36]: *Complaints Regarding Various Television Broadcasts Between
    February 2, 2002 and March 8, 2005*, Notices of Apparent Liability
    and Memorandum Opinion and Order (decided March 15, 2006)
    (hereinafter "Omnibus Order").

[^37]: *See, e.g., In re Sagittarius Broadcasting Corporation,*
    Memorandum Opinion and Order, 7 FCC Rcd 6873, 6876 (1992)
    (subsequent history omitted).

[^38]: *See* *Pacifica Found.*, 438 U.S. at 748-49 (recognizing the
    "uniquely pervasive presence" of broadcast media "in the lives of
    all Americans"). In today's Order, paragraph 10, the Commission
    relies upon the same rationale.

[^39]: *See 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, 20196 (2004) (proposing a \$7,000 forfeiture against
    each Fox Station and Fox Affiliate station); *reconsideration
    pending*. *See also* *Clear Channel Broadcast Licenses, Inc.,* 19
    FCC Rcd 6773, 6779 (2004) (proposing a \$495,000 fine based on a
    "per utterance" calculation, and directing an investigation into
    stations owned by other licensees that broadcast the indecent
    program). In the instant Omnibus Order, however, the Commission
    inexplicably fines only the licensee whose broadcast of indecent
    material was actually the subject of a viewer's complaint to the
    Commission. *Id.* at ¶ 71.

[^40]: *See* *Complaints Against Various Television Licensees Concerning
    Their February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime
    Show,* Notice of Apparent Liability, 19 FCC Rcd 19230 (2004).

[^41]: *In re Infinity Radio License, Inc.,* Memorandum Opinion and
    Order, 19 FCC Rcd 5022, 5026 (2004).

[^42]: *In re Complaints Against Broadcast Licensees Regarding Their
    Airing of the "Golden Globe Awards" Program*, Memorandum Opinion and
    Order, 19 FCC Rcd 4975 (2004); *petitions for stay and
    reconsideration pending*.

[^43]: *In the Matter of Complaints Against Various Television Licensees
    Regarding Their Broadcast on November 11, 2004, of the ABC
    Television Network's Presentation of the Film,* "*Saving Private
    Ryan,*" Memorandum Opinion and Order, 20 FCC Rcd 4507, 4513 (2005)
    ("Deleting all \[indecent\] language or inserting milder language or
    bleeping sounds into the film would have altered the nature of the
    artistic work and diminished the power, realism and immediacy of the
    film experience for viewers."). *See also Peter Branton*, Letter by
    Direction of the Commission, 6 FCC Rcd 610 (1991) (concluding that
    repeated use of the f-word in a recorded news interview program not
    indecent in context).

[^44]: *In the Matter of WPBN/WTOM License Subsidiary, Inc*., 15 FCC Rcd
    1838 (2000).

[^45]: 403 U.S. 15 (1971).

[^46]: *Id.* at 26 ("We cannot indulge the facile assumption that one
    can forbid particular words without also running a substantial risk
    of suppressing ideas in the process.").

[^47]: *See* 18 U.S.C. § 1464.