**Before the**

**Federal Communications Commission**

**Washington, DC 20554**

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| In the Matter of                 | *  | File Nos. EB-02-IH-0472      |
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| **AMFM RADIO LICENSES, LLC**     | ** | EB-02-IH-0494                |
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| Licensee of Station WWDC-FM      | *  | NAL/Acct. No.200432080003    |
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| Washington, DC                   | ** | FRN 0003720935               |
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|                                  | *  | Facility ID No. 8682         |
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**NOTICE OF APPARENT LIABILITY FOR FORFEITURE**

**Adopted:** September 30, 2003 **Released:** October 2, 2003

By the Commission: Commissioner Martin concurring and issuing a separate
statement; Commissioner Adelstein issuing a separate statement;
Commissioner Copps dissenting and issuing a separate statement.

# INTRODUCTION

1.  In this *Notice of Apparent Liability for Forfeiture* ("NAL"),
    issued pursuant to section 503 of the Communications Act of 1934, as
    amended (the "Act") and section 1.80 of the Commission's rules,[^1]
    we grant complaints from Reverend Michael G. Taylor and from
    Catherine P. Henry[^2] and find that AMFM Radio Licenses, LLC
    ("AMFM"), licensee of Station WWDC-FM, Washington, DC, apparently
    violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and
    repeatedly airing indecent material over the station during its May
    7 and 8, 2002, broadcasts of the "Elliott in the Morning" program.
    Based upon our review of the facts and circumstances in this case,
    we conclude that AMFM is apparently liable for a monetary forfeiture
    in the amount of Fifty-Five Thousand Dollars (\$55,000.00).

# BACKGROUND

2.  The Commission received complaints that Station WWDC-FM broadcast
    indecent material on May 7 and 8, 2002, at or about 8:00 a.m. during
    the "Elliot in the Morning" program. The complaints seek Commission
    redress for the broadcasts' alleged use of "crude language, explicit
    sexual references" and "blatant attempt to mock" the Bishop Denis J.
    O'Connell High School ("Bishop O'Connell High School") community,
    generally, and the Bishop O'Connell High School students,
    administration and principal, particularly.[^3] In support of his
    complaint, Reverend Taylor submitted an audio tape of both
    broadcasts.[^4]

3.  The portion of the May 7 broadcast in question involved a
    station-sponsored promotion, during which two female students called
    in for the opportunity to audition to dance in a cage at an upcoming
    rock music concert.[^5] At the prompting of the program hosts, the
    two callers identified themselves as students at Bishop O'Connell
    High School, described their physical attributes in terms of "both
    \[being\] pretty hot,"[^6] provided their bra sizes,[^7] and
    otherwise engaged in sexual banter with the program hosts.[^8] The
    program hosts continued to probe by asking the two female students
    leading questions, such as whether they were "kind of like an
    exhibitionist,"[^9] "flash\[ed\] from time to time," did occasional
    "little show\[s\] at parties" together with their "boobies
    out,"[^10] "at school lined like two or three guys up against the
    lockers,"[^11] and had sexual encounters in the school's stairwells
    and closets.[^12] The program hosts also asked the two female
    students whether they had "ever hooked up" or "made out with a
    teacher."[^13] During their interview with the two female students,
    the program hosts repeatedly returned to the subject of their
    "lining up" boys "against their lockers,"[^14] and interjected loud
    sucking and slurping sounds.[^15]

4.  The portion of the May 8 broadcast in question related to the two
    female students' suspension from Bishop O'Connell High School, the
    consequence of their interview during the May 7 broadcast. The
    program hosts continued their repeated references to oral sex during
    this broadcast, commencing the segment by reading from the Bishop
    O'Connell High School's website's stated school mission of "pursuit
    of excellence of the whole person" and interjecting, "and then you
    go down."[^16] Noting the website's stated objective of "a healthy
    lifestyle" for the school's students, speaking as if his mouth was
    full and with loud sucking and slurping sounds in the background,
    one program host made reference to "healthful protein."[^17] The
    program hosts also criticized the girls' suspension from school by
    remarking that "if they're blowing guys at the school, that's not
    their fault . . . the school needs to do a better job policing," and
    "some of the priests would ask if they had brothers."[^18] Referring
    to the high school administration's apparent concern about the
    school's reputation, the program hosts further stated that "people
    spend a lot of money to get that \[Bishop O'Connell High School's\]
    image," and "people spend a lot of money to go to college \[and\] it
    ain't like people ain't screwing there."[^19] The program hosts also
    took calls from several other Bishop O'Connell High School students,
    asking one male student if he "was one of the guys that \[the two
    female callers\] blew in the hallways,"[^20] and another if he "ever
    had \[his\] back up against a locker."[^21] Finally, the program
    hosts asked one student caller if, after the May 7 broadcast, the
    Bishop O'Connell High School principal "actually g\[o\]t on the P.A.
    system and talk\[ed\] about how they \[the two female caller
    students\] were giving blowjobs in the hallway," speculated that the
    principal probably had "never gotten a blowjob from his wife," and
    said that they "hear \[the principal\] told \[one of the female
    caller students\] she's gotta give up semen for Lent." [^22]

5.  After reviewing the complaints and the audio tape, the staff issued
    a letter of inquiry to AMFM, with which we enclosed a copy of the
    tape.[^23] Clear Channel Communications, Inc. ("Clear Channel"),
    corporate parent of AMFM, responded to the letter of inquiry.[^24]
    Clear Channel did not dispute that WWDC-FM had broadcast the
    material contained in the tape, at the dates and times set forth in
    the complaints, but claimed that, because the tape appeared to
    contain some omissions, it was not an accurate record of the entire
    broadcasts. Clear Channel also asserted that the material is not
    actionably indecent under the Commission's established policies. In
    response to a further letter of inquiry,[^25] Clear Channel advised
    that it aired the material in question only on WWDC-FM.[^26]

    **III. DISCUSSION**

6.  The Federal Communications Commission is authorized to license radio
    and television broadcast stations and is responsible for enforcing
    the Commission's rules and applicable statutory provisions
    concerning the operation of those stations. The Commission's role in
    overseeing program content is very limited. The First Amendment to
    the United States Constitution and section 326 of the Act prohibit
    the Commission from censoring program material and from interfering
    with broadcasters' freedom of expression.[^27] The Commission does,
    however, have the authority to enforce statutory and regulatory
    provisions restricting indecency. Title 18 of the United States
    Code, Section 1464 prohibits the utterance of "any obscene, indecent
    or profane language by means of radio communication."[^28] In
    addition, section 73.3999 of the Commission's rules provides that
    radio and television stations shall not broadcast indecent material
    during the period 6 a.m. through 10 p.m.

7.  Under section 503(b)(1) of the Act, 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 shall be liable to the United States for a monetary
    forfeiture penalty.[^29] In order to impose such a forfeiture
    penalty, the Commission must issue a notice of apparent liability,
    the notice must be received, and the person against whom the notice
    has been issued must have an opportunity to show, in writing, why no
    such forfeiture penalty should be imposed.[^30] The Commission will
    then issue a forfeiture if it finds by a preponderance of the
    evidence that the person has violated the Act or a Commission
    rule.[^31] As we set forth in greater detail below, we conclude
    under this standard that AMFM is apparently liable for a forfeiture
    for its apparent willful and repeated violations of 18 U.S.C. § 1464
    and section 73.3999 of the Commission's rules.

    **A. Indecency Analysis**

8.  Any consideration of government action against allegedly indecent
    programming must take into account the fact that such speech is
    protected under the First Amendment to the United States
    Constitution. The federal courts consistently have upheld Congress's
    authority to regulate the broadcast of indecent speech, as well the
    Commission's interpretation and implementation of the governing
    statute.[^32] Nevertheless, the First Amendment is a critical
    constitutional limitation that demands that, in indecency
    determinations, we proceed cautiously and with appropriate
    restraint.[^33]

9.  The Commission defines indecent speech as language 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.[^34]

> 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.[^35]

As an initial matter, Clear Channel does not dispute that it aired
material describing or depicting sexual activities. Although, in its
response to the staff's inquiry letter, Clear Channel maintains that,
because the tape "has obviously been heavily edited," it "is not a
complete and accurate record of the entire broadcast on the dates in
question," Clear Channel does not dispute that it did, in fact,
broadcast the material on the tape, conceding that "the tape contains
material broadcast by WWDC-FM, on or about May 7 or 8, 2002."[^36] The
principal focus of the program segments was the sexual practices of the
two May 7 student callers and of other students at Bishop O'Connell High
School. That material, therefore, warrants further scrutiny to determine
whether or not it was patently offensive as measured by contemporary
community standards for the broadcast medium.[^37]

10. In our assessment of whether broadcast material is patently
    offensive, "the *full context* in which the material appeared is
    critically important."[^38] 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 appears to pander or is used to
    titillate or shock.[^39] In examining these three factors, we must
    weigh and balance them 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."[^40] In
    particular cases, one or two of the factors may outweigh the others,
    either rendering the broadcast material patently offensive and
    consequently indecent,[^41] or, alternatively, removing the
    broadcast material from the realm of indecency.[^42] We turn now to
    our analysis of the three principal factors in our decision.

11. First, the comments made by the program hosts during the broadcasts
    contained graphic and explicit references to sexual activities,
    including repeated references to "blow jobs."[^43] In addition to
    these references and consistent with that tone, the hosts both
    simulated the act of oral sex, by repeatedly making loud sucking and
    slurping sounds, and relied upon colloquial terms, by repeatedly
    referring to locker line-ups and interjecting remarks such as
    "giv\[ing\] up semen for Lent," "go\[ing\] down," and taking in
    "healthful protein."[^44] To the extent that the sound effects or
    colloquial terms that the program hosts used to describe sexual
    activities could be described as innuendo rather than as direct
    references, they are nonetheless sufficient to render the material
    actionably indecent because the sexual import of those sounds and
    terms was "unmistakable."[^45] Given the explicit references and the
    graphic manner in which the broadcasts described the activities of
    the Bishop O'Connell High School students, there is no non-sexual
    meaning that a listener could possibly have attributed to these
    terms.[^46] Therefore, we find that the broadcasts at issue
    described sexual activities through the use of direct references,
    simulation, and/or innuendo that were sufficiently explicit or
    graphic to be deemed patently offensive as measured by contemporary
    community standards for the broadcast medium.

12. Second, the program hosts, in their dialogue between each other and
    with callers, continuously focused on the sexual activities of the
    two initial female callers and other students at Bishop O'Connell
    High School. The sexual discussion and references were not fleeting
    or isolated. Rather, discussions about and references to sexual
    activity pervaded, and were the subject of, both the May 7 and 8
    broadcasts. Thus, the sexual discussions and references were more
    than sufficiently dwelled upon and repeated to constitute patently
    offensive material as measured by contemporary standards.

13. Finally, and perhaps most significantly, several characteristics of
    the manner in which the station presented this material establish
    that AMFM intended that both broadcasts pander and shock listeners.
    As an initial matter, the program hosts' continued and repeated
    references to the Bishop O'Connell High School students' sexual
    activities and comments about the school's administrators and their
    sexual practices clearly evince such an intent with regard to the
    listening audience. During the May 7 broadcast, the program hosts
    geared their questions to the two female student callers to elicit
    information from them regarding their sexual practices, focusing on
    the topic of oral sex in the hallways of the school.[^47] On May 8,
    they turned their attention to seeking similar information from
    their other student callers because the girls, in response to the
    program hosts' encouragement, claimed they had performed oral sex on
    other students at the school. The program hosts were not chastened
    by the notoriety with young listeners that the May 7 broadcast
    engendered; rather, they continued their pandering in interviews
    with other student callers and continued their efforts to shock
    listeners by focusing on sexual activities in a school setting. Both
    broadcasts occurred at or about 8 a.m., when there was a reasonable
    risk that children would be in the audience, on their way to or
    getting ready for school. Indeed, in light of the number of student
    callers to the programs, that risk became reality. The WWDC-FM
    broadcasts targeted the very segment of the population - - children,
    including teenagers under the age of 18 \-- whom the government has
    a recognized and compelling interest to shield from indecent
    material.[^48] By goading these teenagers to discuss their sexual
    activities in a titillating and offensive manner, the program hosts
    set out to pander and to shock listeners. In this regard, the
    program hosts' use of loud sucking and slurping sounds when
    referring to oral sex demonstrates that, in context, this program
    was not simply a non-pandering discussion of contemporary high
    school sexual behavior. For these reasons, we find that the May 7
    and 8 broadcasts were patently offensive as measured by contemporary
    community standards for the broadcast medium.

14. Clear Channel's claims notwithstanding, the material presented in
    the May 7 and 8 broadcasts is similar to other material concerning
    sexual activities involving teenagers that the Bureau has found to
    be apparently indecent.[^49]

15. In sum, by broadcasting this material on May 7 and 8, 2002, within
    the 6 a.m. to 10 p.m. time period relevant to an indecency
    determination under section 73.3999 of the Commission's rules, AMFM
    apparently violated 18 U.S.C. § 1464 and the Commission's rules
    against broadcast indecency.

    **B. Proposed Forfeiture**

16. Based upon our review of the record in this case, we conclude that
    AMFM is apparently liable for forfeitures for two willful and
    repeated violations of our rules, one for each of the broadcasts at
    issue here. The Commission's *Forfeiture Policy Statement* sets a
    base forfeiture amount of \$7,000.00 for transmission of indecent
    materials.[^50] The *Forfeiture Policy Statement* also specifies
    that the Commission shall adjust a forfeiture based upon
    consideration of the factors enumerated in section 503(b)(2)(D) of
    the Act, 47 U.S.C. § 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."[^51] In this case, taking all of these factors into
    consideration, we find that AMFM is apparently liable for a
    forfeiture of \$55,000.00, reflecting the proposed imposition of the
    maximum forfeiture amount for the broadcast of apparently indecent
    material on two separate occasions (2 x \$27,500.00). Based upon our
    review of the entire record, we believe that this upward adjustment
    to the statutory maximum is warranted. The continued and repeated
    references to sexual activities of the Bishop O'Connell High School
    students and administrators were calculated to engender notoriety
    and were targeted toward children, including teenagers under the age
    of 18. Moreover, the material broadcast on two consecutive days was
    extensive. Accordingly, we believe the egregious nature of the
    violations and the degree of culpability justifies an increase to
    the full amount. Additionally, there is a recent history of indecent
    broadcasts on stations controlled by Clear Channel Communications,
    Inc., AMFM's corporate parent, which justifies imposition of the
    maximum forfeiture amount.[^52] We reiterate our recent statement
    that multiple serious violations of our indecency rule by
    broadcasters may well lead to license revocation proceedings.[^53]

    **IV. ORDERING CLAUSES**

17. 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 AMFM Radio Licenses, LLC is hereby NOTIFIED
    of its APPARENT LIABILITY FOR FORFEITURE in the amount of Fifty-Five
    Thousand Dollars (\$55,000.00) for willfully and repeatedly
    violating 18 U.S.C. § 1464 and 73.3999 of the Commission's rules.

18. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's
    rules, that within thirty (30) days of this Notice, AMFM Radio
    Licenses, LLC SHALL PAY the full amount of the proposed forfeiture
    or SHALL FILE a written statement seeking reduction or cancellation
    of the proposed forfeiture.

19. Payment of the forfeiture may be made by mailing a check or similar
    instrument, payable to the order of the Federal Communications
    Commission, to Forfeiture Collection Section, Finance Branch,
    Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
    60673-7482. The payment must include the FCC Registration Number
    (FRN) referenced above and also must note the NAL/Acct. Number
    referenced above.

20. The response, if any, must be mailed to Maureen F. Del Duca, Chief,
    Investigations and Hearings Division, Enforcement Bureau, Federal
    Communications Commission, 445 12th Street, SW, Room 3-B443,
    Washington, D.C. 20554 and MUST INCLUDE THE NAL/Acct. Number
    referenced above.

21. 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.

22. Requests for payment of the full amount of this Notice of Apparent
    Liability under an installment plan should be sent to: Chief,
    Revenue and Receivables Operations Group, 445 12th Street, SW,
    Washington, DC 20554.[^54]

23. Under the Small Business Paperwork Relief Act of 2002, Pub L. No.
    107-198, 116 Stat. 729 (June 28, 2002), the FCC is engaged in a
    two-year tracking process regarding the size of entities involved in
    forfeitures. If AMFM qualifies as a small entity and if it wishes to
    be treated as a small entity for tracking purposes, please so
    certify to us within thirty (30) days of this NAL, either in its
    response to the NAL or in a separate filing to be sent to the
    Investigations and Hearings Division. Its certification should
    indicate whether AMFM, including its parent entity and its
    subsidiaries, meets one of the definitions set forth in the list
    provided by the FCC's Office of Communications Business
    Opportunities ("OCBO") set forth in Attachment B of this Notice of
    Apparent Liability. This information will be used for tracking
    purposes only. AMFM's response or failure to respond to this
    question will have no effect on its rights and responsibilities
    pursuant to section 503(b) of the Communications Act. If AMFM has
    questions regarding any of the information contained in Attachment
    B, it should contact OCBO at (202) 418-0990.

24. Accordingly, IT IS ORDERED, that the complaints filed against
    Station WWDC-FM's broadcast of the "Elliott in the Morning" program
    on May 7 and 8, 2002, ARE GRANTED, and the complaint proceeding IS
    HEREBY TERMINATED.[^55]

25. IT IS FURTHER ORDERED that a copy of this *Notice of Apparent
    Liability For Forfeiture* shall be sent, by Certified Mail Return
    Receipt Requested, to AMFM Radio Licenses, LLC, Kenneth E. Wyker,
    Esq., Senior Vice President and General Counsel, Clear Channel
    Communications, Inc., 200 E. Basse Road, San Antonio, Texas 78209;
    to counsel for AMFM, Evan S. Henschel, Esq., Wiley, Rein & Fielding,
    LLP, 1776 K Street, NW, Washington, D.C. 20006; to Reverend
    Michael G. Taylor; and to Catherine P. Henry.

FEDERAL COMMUNICATIONS COMMISSION

Marlene H. Dortch

Secretary

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

**Program Transcript**

Radio Station: WWDC-FM, Washington, DC

Dates/Time of Broadcasts: May 7, 2002 and May 8, 2002, between 6 a.m.
and 10 p.m.

Material Broadcast: The Elliot in the Morning Show

**May 7, 2002**

E: Elliot

D: Diane

2M: Dan

FC1: First Female Student Caller

FC2: Second Female Student Caller

F: Flounder

**E:** Hi. DC101.

**FC1:** Hi.

**E:** Who is this?

**FC1:** It's \[first female student caller\].

**E:** Hi \[first female student caller\]. How are you?

**FC1:** I'm good. How are you?

**E:** I'm doing well. You sound very chipper today, \[first female
student caller\].

**FC1:** I'm in a good mood.

**E:** Yeah, how old are you?

**FC1:** I'm 18.

**E:** Mmm. I like that. I think you're our first 18 year-old.

**FC1:** \[Giggling\] I have been listening all morning, so.

**D:** You'd be the youngest.

**E:** You get the advantage going in.

**FC1:** Yes, I'm the youngest.

**E:** Right, and ah, where do you live \[first female student caller\]?

**FC1:** Alexandria.

**E:** Are you in school?

**FC1:** Ah, I should be in school right now, but I've been waiting to
talk to you guys.

**E:** High school?

**FC1:** Yeah.

**E:** Oh, God bless.

**D:** Where?

**FC1:** Ah, Bishop O'Connell.

**E:** ExcelLent.

**D:** Oh, private school girl.

**E:** Any prom dates? \[Laughter from E\]

**FC1:** Ah, no \[unintelligible\] prom already.

**E:** As if the Catholic Church doesn't have enough problems right now.

**FC1:** That's true.

**E:** Alright. So, \[first female student caller\] are you a senior?

**FC1:** Yeah.

**E:** Ah, do ah do ah everybody there at school find uh you
irresistibly hot?

**FC1:** Ah, I'd like to say so.

**E:** Yeah. You a popular girl at school?

**FC1:** Uh, decently popular.

**2M:** Now are you going to Ivy League next year?

**FC1:** No.

**E:** \[Laughter from 2M\] Who cares? Are you kind of like an
exhibitionist?

**FC1:** Yeah. Some people say so.

**E:** And you want to flash from time to time?

**FC1:** I've been known to do that.

**E:** Yes, of course you have. I gotta ask you what size bra?

**FC1:** Ummm, 34-C.

**E:** Really?

**FC1:** Yeah.

**E:** For a senior, that's excelLent. \[Laughter from FC1\]

**D:** For a senior.

**E:** That's good. Ahhh alright.

**2M:** How well do you know the football team? \[Laughter from D\]

**FC1:** Pretty well.

**2M:** Awesome.

**E:** You've never lined like four or five guys up against lockers have
you?

**FC1:** Not four or five.

**E:** One or two?

**FC1:** Two or three. \[Laughter from E, D and 2M\]

**E:** Really?

**D:** I think Dan just won the lottery. \[Laughter from E, D and 2M\]

**E:** So Dan's quitting his job. \[Laughter from E, D and 2M\]

**SM:** That's the Powerball right there.

**E:** So wait a minute. So at school you've lined like two or three
guys up against the lockers and like ahhh. \[Loud sucking sounds from
E\]

**FC1:** \[Laughter \] Ahhh. Like yeah.

**E:** Really?

**FC1:** Yeah. I'm here with my friend \[second female student caller\].
She wants to dance too.

**E:** I'll get to \[second female student caller\] in a moment.
\[Laughter from E, D and 2M\] Really.

**FC1:** Yeah. We want to dance with you.

**E:** Oh, uh not a problem honey.

\[Break in the audio-tape\]

**FC1:** Um, probably about 8 or 9.

**E:** Hm. Hm. Hm. Hm. Alright. And you can be here on Thursday. Well,
what about school on Thursday?

**D:** Yeah.

**FC1:** Ah, well. I don't go to school quite as often as I should.
\[Laughter from E, D and 2M\]

**D:** Quite as often as you should.

**E:** Hey, do you know my next door neighbor? \[Laughter from E, D and
2M\]

**D:** Well, \[first female student caller\] you're already accepted to
the college of your choice right?

**FC1:** Yes I am. \[Laughter from E\]

**D:** Where you gonna go?

**FC1:** I'm gonna go to VCU.

**D:** VCU.

**E:** Very good.

**2M:** So that's okay, but not the Ivy League question.

**E:** Yeah. No, VCU's fine. No, that's good.

**D:** She's an artist.

**E:** You should check out Radford. \[Laughter from E\]

**2M:** She could get all A's there. \[Laughter from E\]

**E:** Alright. Very good, \[first female student caller\]. Yes, you
hold on one second and Flounder's gonna get some information from you,
okay?

**FC1:** Okay, no problem.

**E:** Alright. Very good. Hold on one second.

**2M:** What about her friend? Did you talk to her friend?

**D:** \[Second female student caller\].

**E:** Oh, you know what put \[second female student caller\] on real
quick.

**FC1:** Okay, here. Just a sec.

**FC2:** Hello

**E:** Hi \[second female student caller\].

**FC2:** Hi. How are you?

**E:** I'm well. Thank you. \[Second female student caller\] are you
also 18?

**FC2:** Yes, I am.

**E:** And you also go to Bishop O'Connell?

**FC2:** Yes, I do.

**E:** Uh-huh. Let me ask you, you better looking than \[first female
student caller\]?

**FC2:** Um, I don't know. I think we're both pretty hot.

**E:** Right.

**E:** Have you two ever hooked up?

**FC2:** No, but we've been known to do our little show at parties and
what not.

**E:** Uh, what do you mean your little show?

**FC2:** Like we dance together, you know?

**D:** Yeah.

**2M:** Hmmm.

**E:** Like with your boobies out?

**FC2:** Ah, it all depends on who's there. I mean I'm not gonna just.
Yeah.

**D:** Right.

**E:** Well, I mean like on Thursday like maybe I'll have you two dance
together?

**FC2:** Yes, of course.

**E:** Okay. ExcelLent. \[Laughter from D\] Are you also a 34-C?

**FC2:** I'm actually a 36-D. Full D.

**2M:** Full D.

**FC2:** And my nickname with all my friends is "J-Lo" so I got the
booty to go with it.

**E:** Oh, you got a little butt back there.

**FC2:** Yeah.

**E:** Oh, that's fine. 36-D. J-Lo. \[Laughter from E, D and 2M\]. Thank
God for the hormones in milk. \[Laughter from E, D and 2M\] Have you
ever done the uh locker lineup at school?

**FC2:** Um, a little bit of that. I'm more like in the secluded area.

**E:** Stairwell.

**FC2:** Yes.

**E:** Really.

**D:** Janitor's closet.

**E:** More than with the janitor. \[Laughter from D\] \[Knocking
sound\]

**2M:** Awesome.

**E:** \[Impersonating a janitor with a Mexican accent\] Need to be
coming on in please. Wet spill in my pants please. \[Laughter from E, D
and 2M\].

**D:** Oh God. \[Laughter from D\]

**E:** \[Laughter from E\] Have you ever made out with a teacher?

**FC2:** No. \[Laughter\]

**E:** No.

**2M:** Naw, please.

**E:** Um, more than eight or nine times in school?

**FC2:** Ah, no I wouldn't go that far.

**2M:** No.

**E:** You don't think badly of \[first female student caller\] because
she has, do you?

**FC2:** No, I love \[first female student caller\].

**E:** In God's way.

**D:** Uh-huh.

**FC2:** Truly in God's way.

**E:** Uh-hm. \[Laughter from FC2\] Alright. Very good. And um missing
school on Thursday would be nothing new for you.

**FC2:** Nothing new.

**E:** Alright, very good. Hold on one second and ah Flounder will get
both of your information. We'll see you on Thursday.

**FC2:** Okay. Thank you.

**E:** Alright, very good.

**D:** Flounder will get your information. Hopefully we'll see it.

**E:** Yes.

**2M:** Man, we're looking for Chinese finger ties. \[Laughter from E, D
and 2M\]

**E:** Alright, now let me say this. \[Laughter from E, D and 2M\] Don't
send me your goddamn emails about being angry that we're doing these two
ah high school kids.

**D:** They're 18.

**E:** They're 18 years-old. This is their own deal. Alright, so save
the e-mails.

**D:** They're not going to school anyway.

**E:** Save the e-mails.

**D:** \[Laughter from E, D and 2M\] It's not like they're studying for
the SATs.

**E:** Save the you're corrupting the youth of America. Please. Nobody.
I didn't hold a gun to anybody's head to line up nine guys against a
locker. \[Laughter from 2M\] Alright. Diane, we didn't do anything
wrong.

**D:** \[Laughter from D\] Hey, she was free with the information.

**2M:** That private school's gonna love you though.

**E:** That's Bishop O'Connell.

**2M:** Yeah, they're very proud today.

**E:** They should be.

**D:** Hey, you pay money to go to that school. \[Laughter from D and
2M\]

**E:** You know what, at least it's not one of the priests.

**2M:** Yes.

**E:** Save the hate e-mail. Okay. We did nothing wrong, right Flounder?

**F:** I agree. \[Laughter from E, D and 2M\]

**2M:** We're doin' that school a service. You know how many kids
they're gonna' get now? They're thinking about stalking Bishop
O'Connell.

**E:** Right now everybody at \[Unintelligible\] council is going,
"Goddamn it \[Unintelligible\] not at our school." \[Laughter from E, D
and 2M\] Alright, very good, alright. So good, I feel like we're
starting to put together a very nice list. We'll either revisit that
again before we get off the air today, maybe after school starts,
\[Laughter from 2M\] or we will get some more contestants tomorrow. So,
Thursday morning we'll have everybody in here dancing and uh four will
be selected to dance for Kid Rock on Saturday night at the Patriot
Center. I think I speak for all of us when I can't thank Kid Rock enough
for choosing us to do this promotion. \[Laughter from 2M\]
\[Unintelligible\].

\[Break in the audio-tape\]

**May 8, 2002**

E: Elliot

D: Diane

BD: Buddy

MC: Male Student Caller

MC2: Second Male Student Caller

MC3: Third Male Student Caller

MC4: Fourth Male Student Caller

MC5: Fifth Male Student Caller

FC3: Third Female Student Caller

**E:** Before we get into the news, Diane.

**D:** Yeah.

**E:** We had a little interest in Bishop O'Connell High School.
\[Laughter from E\]

**D:** Yeah. I went to the website. \[Laughter from E\] I was looking at
the mission statement. \[Laughter from E\] "Our mission is to provide
the students an education rooted in the life of Christ
\[unintelligible\] pursuit of excellence of the whole person." And then
you go down. \[Laughter from E\] The desired learning results.
\[Laughter from E\] Kinda' take on a new meaning. \[Laughter from E and
2M\] "Students practice a moral code based on gospel values as found in
our Catholic faith and worship." \[Laughter from E and 2M\] "Express
Christian values through participation in community service projects."

**E:** Take him and drink for him. \[Laughter from E\]

**D:** "Develop creative and critical thinking skills." \[Laughter from
D\] "Use those skills in successfully solving problems."

**E:** There you go, \[first female student caller\] and \[second female
student caller\].

**D:** Mmm \[Impersonating a young girl's voice\] What should I do?
\[Laughter from E\] "Learning to work with others cooperatively."

**E:** \[Spoken as if E's mouth was full\] May peace be with you and
also with you.

**D:** "Develop and maintain"

**E:** \[Loud sucking sounds from E\]

**D:** "Develop and maintain positive self worth through a healthy
lifestyle."

**E:** \[Spoken as if E's mouth was full\] This healthful
\[unintelligible\] of protein. \[Loud sucking sounds from E\]\[Laughter
from E, D and 2M\] \[Spoken as if E's mouth was full\] Hey, what do you
think will be going on at Bishop O'Connell High School today? \[Laughter
from E, D and 2M\]

**D:** Talk in the office.

**E:** More guys have signed up for this school in the last half hour.
\[Laughter from E and 2M\] We done a service. \[Laughter from E and 2M\]
Alright, very good. So Thursday morning.

**D:** "Our student body of 1,470 reflects the diversity of our
community and neighborhoods."

**E:** \[Spoken as if E's mouth was full\] I'm part of the community.
\[Loud sucking sounds from E\] \[Unintelligible\] Oh no. \[Laughter from
2M and D\] They'll be in here. I love that. What are you kidding me?

**D:** They're not going to be at school that day. \[Laughter from E and
2M\]

**E:** Alright. 8:15, dear God. Ah, what have we got going on here?
We're busy as hell. We got some \[unintelligible\] tickets to give away.
Oh

\[Break in the audio-tape\]

**E:** Let me get Buddy on the phone. Buddy.

**BD:** Hey.

**E:** How are you, sir?

**BD:** Good. How are?

**E:** Good, I I understand we caught you shaving.

**BD:** Yeah, I'm about half way done. \[Laughter from BD\]

**E:** I say just leave it.

**BD:** Leave half of it?

**E:** Yeah, just leave half of it. Ah, yesterday while we were going
through our qualifying I guess sometime around 7:45 we heard from
\[first female student caller\] and \[second female student caller\].
\[First female student caller\] and \[second female student caller\],
two 18 year-olds, they just so happen to go to Bishop O'Connell High
School. And what I thought was a very nice conversation with them
yesterday. They informed as to some things they do at school. \[Laughter
from BD\] But they're 18 years-old. They're adults. They're allowed to
do what they want. And then um I guess we heard very early this morning
that both \[second female student caller\] and \[first female student
caller\] had been suspended from school. Now, Buddy, did the, I know,
principal call the station, true or false?

**BD:** That is, that is true.

**E:** Right. Did you ah speak to um Bishop O'Connell? \[Laughter from
BD and 2M\]

**BD:** No. The Bishop did not speak. We ah traded messages. But I think
the thing that he was concerned about was the story that he got was that
you coerced or badgered or otherwise convinced these people or these two
young ladies to say things that weren't true.

**E:** Now, correct me if I'm wrong. I don't feel like I badgered them
in any way at all.

**D:** You asked them a question and they answered.

**E:** Yeah.

**BD:** Well, like I said the principal apparently couldn't have been
nicer and ah was just following what what he was told, so.

**E:** Right. Now, see we heard this morning I guess that ah Bishop
O'Connell's daughter, I don't know the guy's name. What's his name?

**BD:** Uh, you know I don't remember. It's on my desk.

**E:** You lying sack. \[Laughter from BD\] No, come on. What's his
name?

**BD:** I honestly don't remember.

**E:** Alright. Hey, Mack, see if you could find me someone from Bishop
O'Connell real quick. Line 2? Fine, perfect. Tell him I'll be there in a
second. So anyway, what we did here was ah the principal called \[first
female student caller\] and \[second female student caller\] in to their
office, into his office. I'm assuming it's a man.

**BD:** Right.

**E:** And um I guess had a conversation with them and then suspended
them and then got on the PA system at the school and talked about what a
bunch of heathens we are. I may be paraphrasing. \[Laughter from BD\]

**BD:** I didn't hear that part.

**E:** Yeah, so apparently he uh he does not like your radio station,
Buddy Riser.

**BD:** Wow.

**E:** Yeah.

**BD:** Well yeah this is before I had a chance to really discuss it
with him.

**E:** This is the work of the devil right here. \[Laughter from BD\] So
you didn't you didn't

touch base with him?

**BD:** No, we we traded phone messages yesterday so.

**E:** What was his message to you?

**BD:** He he was he couldn't have been nicer. I mean basically he's
just, he was just trying to figure out exactly from our side. I mean
obviously he had heard only their side of the story.

**E:** Right. Why did he suspend them though? That doesn't seem right to
me.

**BD:** Now that I don't know. I I didn't know that he had done that.

**E:** Yeah. See that doesn't seem right. That that part kinda pisses me
off.

**BD:** Yeah.

**E:** I'm thinking we have a Support \[second female student caller\]
and \[first female student caller\] Concert at the school with
\[unintelligible\]. \[Laughter from E, D and 2M\] But I don't understand
why they got suspended. Hey listen if they're blowing guys at the
school, that's not their fault, that's the school. The school needs to
do a better job policing.

**D:** They should get counseling not suspension.

**E:** That's right. Jesus wouldn't just toss them aside. \[Laughter
from BD\] Jesus would welcome them in.

**2M:** Yes, he would.

**E:** Some of the priests at the school would ask if they had brothers.
\[Laughter from BD\]

**BD:** Have we talked to the girls today?

**E:** No. I have a feeling they won't be calling today. No, Jesus took
away their phone privileges. \[Laughter from BD\] Alright, Buddy,
alright. I was wondering if you got to touch base with them.

**BD:** No.

**E:** With the principal or whatever his face is.

**BD:** No.

**E:** Alright, very good. Thank you very much, Buddy. See you in a bit.
Finish cleaning up over there.

**E:** Hi. Who's this? Hello?

**MC:** Yeah.

**E:** Yeah, who's this?

**MC:** Uh, I won't give my name out.

**E:** Yeah, I don't blame you. You know if I went to Bishop O'Connell I
wouldn't give my name either. That's how you people get in trouble.

**MC:** Ah yeah definitely.

**E:** Alright. So what happened at school yesterday?

**MC:** Uh well um. First of all, at around 8:10 I was uh driving down
with some friends before school and uh we were listening to your station
and uh we hear these two girls call up. They go off about some stuff and
uh. First of all, we want to find out who it is and uh. I wouldn't let
you put these girls on the stage with uh bikinis on.

**E:** Wait, say again. You what?

**MC:** I wouldn't let you put these girls on stage with bikinis, first
of all.

**E:** I did get some e-mails saying that they were pretty hot.

**MC:** Ah, really? \[Laughter from 2M\]

**E:** Well, I can tell some people have different taste. Anyway, go
ahead.

**MC:** And uh we get to school and there's a big ordeal about it. And
uh I guess they just suspended hard core because of it.

\[Break in the audio-tape\]

**E:** Yeah. But you're kinda' out of loop.

\[Break in the audio-tape\]

**E:** Hi. DC101.

**MC2:** Hey, what's up?

**E:** Hey, who's this?

**MC2:** This is \[second male student caller\].

**E:** \[Second male student caller\]. You go to Bishop O'Connell?

**MC2:** Yeah.

**E:** Yeah. So now tell me what happened yesterday?

**MC2:** All I heard was that these girls called in and our principal
came in on like 8^th^ period and he was basically told us everything
that happened.

**E:** Oh really. That's very interesting to me. What did he say over
the PA system that happened?

**MC2:** I don't know. I can't remember exactly what he said.

**E:** Right. Well, first of all, how did they break in with that
announcement? What's the principal's name there?

**MC2:** Um, Burch.

**E:** Principal Burch.

**MC2:** Yeah.

**E:** Alright so Principal Burch gets on the uh PA and says, you know,
excuse me Bishop O'Connell students I have an announcement to make?

**MC2:** Yeah. He just wanted to clarify if there were like any rumors
going on like really what happened.

**E:** Oh, so what did he say really happened?

**MC2:** Nah, He uh. Once again I don't want to say exactly what he
said.

**E:** No, go ahead. \[Laughter from MC2\] No you can say what exactly
he said. \[Laughter from MC2\] No, because honestly I want to know what
he said.

**MC2:** Well, honestly, I don't really remember. But basically he just
said that two girls called in and said, uh, I don't know. Honest?

**E:** But what did he say they did?

**MC2:** Um. Yeah, he said uh that. I don't know. \[Laughter\]

**2M:** Come on now, dude.

**E:** Come on dude.

**D:** \[Second male student caller\]'s worried that he's gonna get
suspended.

**MC2:** I'm definitely am. But it's not a biggy. \[Laughter\]

**E:** Who's your buddy in the car?

**MC2:** Ah, \[third male student caller\].

**E:** Yeah, put \[third male student caller\] on.

**MC2:** Ah, here's \[third male student caller\].

**E:** Yeah. \[Third male student caller\]'s got a set of balls on him.
\[Laughter from 2M\]

**2M:** Yeah, here take \[third male student caller\].

**MC3:** Hey, what's up fellas?

**E:** Hey \[third male student caller\]. Now you go to school there
also?

**MC3:** Yes, I do.

**E:** Alright. What did, uh, what did Burch say?

**MC3:** Well, he uh just said some of the stuff that the girls said on
your show.

**E:** Really? So did Principal Burch actually get on the PA system and
talk about how they were giving blowjobs in the hallway?

**MC3:** Well, let me, hold on for a second. Naw, he didn't say that. He
was very nice about it, you know. He's. In a Catholic school so you
gotta be nice about it.

**D:** Right.

**E:** Right. So but now, so he ended up. Why did, why did, they get
suspended? That's what I don't understand.

**MC3:** You gotta have the mindset that this is a Catholic school and,
you know, anything out of the school really should have some moral
binding.

**E:** Yeah.

**MC3:** He's just worried about the school's reputation.

**2M:** The image.

**MC3:** Yeah.

**2M:** I mean people spend a lot of money to get that image.

**D:** Yeah, they do.

**E:** Yeah, but I mean, okay.

**2M:** Well, that's, I guess, the basis.

**E:** People spend a lot of money to go to college. It ain't like
people ain't screwing there.

**MC3:** Yeah, that's true. But, he wants to have like, you know, the
mindset of him being a good, you know, person that gives these children
moral teachings, that kind of stuff.

**E:** Is Burch married?

**MC3:** Yes.

**E:** Anybody willing to bet he's never gotten a blowjob from his wife?

**MC3:** \[Laughter\] Ah, I don't want to think about it. \[Laughter
from E\] He's a very nice guy. I like him a lot. He's really nice.

**D:** Of course you do. \[Laughter from 2M\]

**E:** Very good, \[third male student caller\]. \[Laughter from D\]
You're very smart kid. \[Laughter from D\] I like you.

**MC3:** ExcelLent. ExcelLent.

**2M:** Do you know his daughter?

**MC3:** I, uh.

**E:** Yeah. His daughter is apparently the one that called, that little
rat.

**D:** Is she older?

**MC3:** I don't. Burch's?

**E:** Yeah, Burch's daughter. Does she go to school there?

**MC3:** No, no.

**E:** Oh, so she's already out.

**MC3:** I've I've never met her.

**E:** Right. But Burch is a pretty cool guy who obviously has a little
issue with us.

**MC3:** Yeah. Well he just wants to look out for, you know, his
students.

**E:** Did he mention us by name?

**MC3:** No.

**E:** What do you mean no? What did he say like "a local radio
station?"

**MC3:** He said "DC101," but he didn't

**E:** ExcelLent.

**2M:** Oh, we got press. \[Clapping\]

**E:** That's good, that's good. At least let 'em let 'em know what they
should be listening to Burch. \[Laughter from D\]

**MC3:** ExcelLent. ExcelLent.

**E:** Alright \[third male student caller\].

**D:** \[Third male student caller\]'s very nervous right now.

**E:** No, \[third male student caller\] you're fine. You're fine.

**MC4:** Hi Diane.

**D:** Hi.

**E:** \[Unintelligible\] \[Laughter from D and MC3\] Hey, \[third male
student caller\], let me ask you, you weren't one of the guys that
\[first female student caller\] and \[second female student caller\]
blew in the hallways, were you?

**MC3:** Ah naw, naw, naw

**E:** No naw naw naw.

**MC3:** I don't think I'd let them.

**E:** Okay, alright, very good, very good. You'd give it a couple of
years though.

**MC3:** I just want to say Hi to Diane.

**D:** Thanks, \[third male student caller\]. Have a nice day at school.

**MC3, MC4:** Bye, see ya later, bye. \[Unintelligible\] \[Laughter from
MC3, MC4, E, D and 2M\]

**E:** We got a phone number for, ah, the school?

**D:** The main number.

**E:** Yeah, I'll take that. Hi, DC101.

**MC5:** Hi Elliot. This is, this is, ah, \[fifth male student caller\].

**E:** Yes, of course it is.

**2M:** Sure.

**E, 2M:** Hi \[fifth male student caller\].

**MC5:** Yeah. I go to O'Connell.

**E:** Right.

**MC5:** And, uh, I just want to let you know that the girls are not 18.
They're only 17.

**E:** But that's not my fault though. Listen.

**MC5:** No dude, no dude. I know exactly like what happened. You didn't
manipulate them at all. But when they went into the office yesterday
they were like "Oh, yeah, well he manipulated us into saying these bad
things." And Mr. Burch gets on. Would you turn that off?

**E:** Yeah, please.

**MC5:** Mr. Burch gets on and goes, ah, yeah they are all remorseful
for what happened and they want to let everyone know that, like, they
were manipulated or whatever or something like that. And I, like, they
knew exactly what they were doing.

**E:** Yeah. And first of all, I think we asked twice how old they were.
Both of them said they were 18. You know what, if they lied, they lied.
That's not my problem.

**MC5:** Yeah, dude. It's like, it's like their fault and they just
made. I feel bad because they made the school look like a bunch of sluts
or whatever and we're really not.

**E:** Well, listen you gotta have some kind of pride in something.
\[Laughter from D\] But the, ah, you know, we didn't badger them. We
didn't manipulate them. You heard the show yesterday.

**MC5:** Yeah. I was listening to it. I thought it was kind of funny
because then I knew exactly who it was. \[Laughter from E, D and 2M\]

**E:** See so um, you know I can't really say I fault \[first female
student caller\] and \[second female student caller\] 'cause listen they
know they're getting thrown out of school. I'd say that too.

**MC5:** They're coming back.

**E:** Well, how long did they get suspended for?

**MC5:** Um, I think like maybe two days or whatever.

**E:** Right.

**MC5:** It's almost like a good deal.

**E:** Well, yeah exactly. Well, at least they're free to come in
tomorrow.

**D:** What are their parents doing though?

**MC5:** I don't know. I think they're probably in trouble with them
too.

**E:** Oh really.

**D:** I would think so.

**E:** I hear Burch told \[first female student caller\] she's gotta
give up semen for Lent last year.

**2M:** Agh.

**D:** Jesus Christ.

**2M:** Do you know them very well?

**MC5:** Yeah, I'm pretty close them. At least one of them.

**E:** Really? Have you ever been lined up, have you ever had your back
up against a locker? \[Laughter from D\]

**MC5:** No. Actually they don't do that kind of stuff at school.

**E:** At school.

**2M:** No. They save that.

**MC5:** Actually, I hope I just don't wanna know about it. They can do
whatever they want. I just don't want to know about it.

**E:** Alright, very good. Well, listen I'm sorry about the big uproar
at your school yesterday.

**MC5:** Ah, it was kind of amusing.

**E:** Good. \[Laughter from 2M\] Good, alright, dude, \[fifth male
student caller\]. Thank you very much for calling.

**MC5:** Thank you, you're welcome.

**E:** You're gonna need to hand me the handset and let me just call
them. \[Dial tone, dialing\] Oops, that's not good. \[Dial tone,
dialing\] Agh. \[Dial tone\] Because I hate this phone system.
\[Dialing\] Because now it's a fight. Uh-huh. \[Sound of phone ringing\]
Uh, uh, hands free. They gotta be in the office by now.

**2M:** Yeah.

**D:** 7:30.

**2M:** The administration should be.

**D:** I was looking at the.

**E:** Maybe Jesus will answer.

**D:** The class schedule. Home room.

**E:** What time does home room start? Hi, Bishop O'Connell. Um, who am
I speaking with? Hi, Mrs. Minyet. You're not on the air. This is Elliott
calling from DC101. I'm trying to find Principal Burch, please. Hello.
Hello. I don't know if I'm on hold or if I'm uh talking to Mr. Click.

**2M:** Really.

**D:** Maybe you'll find out in a second.

**E:** Hello. They don't say, "Hold."

**2M:** They never even said "please hold" or?

**E:** No.

**2M:** Hang on?

**E:** First bell's at 7:55. You know what. \[Dial tone, sound of tone
buttons, ringing\] \[Laughter from 2M\] Shhh. Come on. They're afraid to
touch the phone. Ahh, come on now I get an answering machine. Hi DC101.

**FC3:** Hey, what's up Elliot?

**E:** Hey, who is this?

**FC3:** Let's see, what can you call me? I'm scared too now like all
the other \[unintelligible\]

**E:** Ah, don't be scared.

**FC3:** \[Laughter\] You can call me, you can call me \[third female
student caller\]. How about that?

**E:** Okay, \[third female student caller\]. Yes.

**FC3:** You can call me \[third female student caller\]. Well, I go to
O'Connell like all the rest of them. Those are all my friends that were
calling earlier. And I just wanted to say that it was like the reason
that they all got suspended wasn't because, you know, like, about
anything, because it was immoral or anything what they were gonna do.
Because I don't even think they were really gonna come in because they
were lying, like, they weren't 18 or anything else. They were a bunch of
sophomores. But there's a . . . .

**E:** Oh, God. I wish they would come in.

**2M:** So they're 16.

**E:** Anyway, go ahead.

**FC3:** There's a rule in the student handbook that says that if you do
anything, like, in the name, like, using O'Connell's name or, like, in
O'Connell uniform that you can be suspended because that's slander
towards the school.

**E:** Oh, that's, uh, you're impugning the reputation.

**FC3:** Yeah, so when you went on the website and everything that's
when Mr. Burch freaked out and was, like, oh, blah blah blah, this makes
my school look horrible.

**E:** Hey, Burch, don't put up a website then, you jackass.

**D:** What I I was just, I was just reading the, uh, the beliefs and
mission and philosophy of the school.

**2M:** Yeah, if anything

**D:** I know.

**E:** We gave them some positive publications here.

**2M:** Yeah.

**FC3:** And also I wanted to say that I'm really sorry cause there were
a lot of really hot girls, including myself, that were gonna come in.

**E:** Oh, godamnit.

**FC3:** And we were gonna audition tomorrow morning.

**E:** Alright.

**FC3:** We really wanted to do it.

**E:** Yeah. I wish you would have.

**FC3:** I'm sorry.

**E:** Alright. Well, Burch had to go F it up for everybody.

**D:** Bye \[third female student caller\].

**E:** Let me try one more time and then I'll take a break. And then
we'll get into some real qualifying. Uh, I'll just dial here. \[Dialing
tones\] You think they won't answer at Bishop when I call cause a big
sign that goes off "Jew is calling." \[Laughter D and 2M\]
\[Impersonating a female voice\] Yes, Principal Burch, please? What do
you mean he's not available? Oh, don't hang up. F you. \[Laughter from
2M\]

**2M:** They know what matters \[unintelligible\].

**E:** What a bitch she is.

**D:** What she say?

**2M:** I can't believe she doesn't even say anything to you.

**E:** \[In a mocking voice\] "He's not available." Click. I bet he's
available. He's probably standing right there listening to the goddamn
show.

**D:** I guess they have to go tend to the pro-life memorial. \[Laughter
from E\] that I was just reading about.

**E:** Come on Burch you big pussy, call. You know he's sitting in there
listening to it. Speak to a Jew. \[Laughter from D\] Goddamnit. Alright,
alright. You know what, let's move on then. Ah, 202- 432-1101, toll free
1-800-33DC101. Ah, we need qualifiers for, ah, Saturday night. If you
want to dance in the cage with Kid Rock up on stage 202-432- 1101, toll
free 1-800-33DC101. We'll sign up last day for qualifying and then
tomorrow's the big audition, tomorrow around 7:30. And then four women
will move on to Saturday night where they'll dance up on stage at the
Patriots Center. Kid Rock will pay for the night. 202-432-1101, toll
free 1-800-33DC101.

**\[Commercial for the Kid Rock Dance-in-the-Cage Concert\]**

+--------------------------------+-------------------------------------+
| **[ATTACHMENT B]{.underline}** |                                     |
|                                |                                     |
| **FCC List of Small Entities** |                                     |
|                                |                                     |
| **As described below, a "small |                                     |
| entity" may be a small         |                                     |
| organization,**                |                                     |
|                                |                                     |
| **a small governmental         |                                     |
| jurisdiction, or a small       |                                     |
| business.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(1) Small Organization**     |                                     |
+--------------------------------+-------------------------------------+
| **Any not-for-profit           |                                     |
| enterprise that is             |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field.**                       |                                     |
+--------------------------------+-------------------------------------+
| **(2) Small Governmental       |                                     |
| Jurisdiction**                 |                                     |
+--------------------------------+-------------------------------------+
| **Governments of cities,       |                                     |
| counties, towns, townships,    |                                     |
| villages, school districts,    |                                     |
| or**                           |                                     |
|                                |                                     |
| **special districts, with a    |                                     |
| population of less than fifty  |                                     |
| thousand.**                    |                                     |
+--------------------------------+-------------------------------------+
| **(3) Small Business**         |                                     |
+--------------------------------+-------------------------------------+
| **Any business concern that is |                                     |
| independently owned and        |                                     |
| operated and**                 |                                     |
|                                |                                     |
| **is not dominant in its       |                                     |
| field, *and* meets the         |                                     |
| pertinent size criterion       |                                     |
| described below.**             |                                     |
+--------------------------------+-------------------------------------+
| **Industry Type**              | **Description of Small Business     |
|                                | Size Standards**                    |
+--------------------------------+-------------------------------------+
| ***Cable Services or           |                                     |
| Systems***                     |                                     |
+--------------------------------+-------------------------------------+
| Cable Systems                  | Special Size Standard --            |
|                                |                                     |
|                                | **Small Cable Company** has 400,000 |
|                                | Subscribers Nationwide or Fewer     |
+--------------------------------+-------------------------------------+
| Cable and Other Program        | \$12.5 Million in Annual Receipts   |
| Distribution                   | or Less                             |
+--------------------------------+-------------------------------------+
| Open Video Systems             |                                     |
+--------------------------------+-------------------------------------+
| ***Common Carrier Services and |                                     |
| Related Entities***            |                                     |
+--------------------------------+-------------------------------------+
| Wireline Carriers and Service  | 1,500 Employees or Fewer            |
| providers                      |                                     |
+--------------------------------+-------------------------------------+
| Local Exchange Carriers,       |                                     |
| Competitive Access Providers,  |                                     |
| Interexchange Carriers,        |                                     |
| Operator Service Providers,    |                                     |
| Payphone Providers, and        |                                     |
| Resellers                      |                                     |
+--------------------------------+-------------------------------------+
| **Note:** With the exception   |                                     |
| of Cable Systems, all size     |                                     |
| standards are expressed in     |                                     |
| either millions of dollars or  |                                     |
| number of employees and are    |                                     |
| generally the average annual   |                                     |
| receipts or the average        |                                     |
| employment of a firm.          |                                     |
| Directions for calculating     |                                     |
| average annual receipts and    |                                     |
| average employment of a firm   |                                     |
| can be found in                |                                     |
|                                |                                     |
| 13 CFR 121.104 and 13 CFR      |                                     |
| 121.106, respectively.         |                                     |
+--------------------------------+-------------------------------------+
| ***International Services***   |                                     |
+--------------------------------+-------------------------------------+
| International Broadcast        | \$12.5 Million in Annual Receipts   |
| Stations                       | or Less                             |
+--------------------------------+-------------------------------------+
| International Public Fixed     |                                     |
| Radio (Public and Control      |                                     |
| Stations)                      |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite                |                                     |
| Transmit/Receive Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Fixed Satellite Very Small     |                                     |
| Aperture Terminal Systems      |                                     |
+--------------------------------+-------------------------------------+
| Mobile Satellite Earth         |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Radio Determination Satellite  |                                     |
| Earth Stations                 |                                     |
+--------------------------------+-------------------------------------+
| Geostationary Space Stations   |                                     |
+--------------------------------+-------------------------------------+
| Non-Geostationary Space        |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| Direct Broadcast Satellites    |                                     |
+--------------------------------+-------------------------------------+
| Home Satellite Dish Service    |                                     |
+--------------------------------+-------------------------------------+
| ***Mass Media Services***      |                                     |
+--------------------------------+-------------------------------------+
| Television Services            | \$12 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Low Power Television Services  |                                     |
| and Television Translator      |                                     |
| Stations                       |                                     |
+--------------------------------+-------------------------------------+
| TV Auxiliary, Special          |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Radio Services                 | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio Auxiliary, Special       |                                     |
| Broadcast and Other Program    |                                     |
| Distribution Services          |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction Special Size Standard --    |
| Service                        |                                     |
|                                | **Small Business** is less than     |
|                                | \$40M in annual gross revenues for  |
|                                | three preceding years               |
+--------------------------------+-------------------------------------+
| ***Wireless and Commercial     |                                     |
| Mobile Services***             |                                     |
+--------------------------------+-------------------------------------+
| Cellular Licensees             | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase |                                     |
| I Licensees                    |                                     |
+--------------------------------+-------------------------------------+
| 220 MHz Radio Service -- Phase | Auction special size standard -     |
| II Licensees                   |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and controlling          |
|                                | principals)                         |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and controlling          |
|                                | principals)                         |
+--------------------------------+-------------------------------------+
| 700 MHZ Guard Band Licensees   |                                     |
+--------------------------------+-------------------------------------+
| Private and Common Carrier     |                                     |
| Paging                         |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | 1,500 Employees or Fewer            |
| Communications Services        |                                     |
| (Blocks A, B, D, and E)        |                                     |
+--------------------------------+-------------------------------------+
| Broadband Personal             | Auction special size standard -     |
| Communications Services (Block |                                     |
| C)                             | **Small Business** is \$40M or less |
|                                | in annual gross revenues for three  |
|                                | previous calendar years             |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three calendar years  |
|                                | (includes affiliates and persons or |
|                                | entities that hold interest in such |
|                                | entity and their affiliates)        |
+--------------------------------+-------------------------------------+
| Broadband Personal             |                                     |
| Communications Services (Block |                                     |
| F)                             |                                     |
+--------------------------------+-------------------------------------+
| Narrowband Personal            |                                     |
| Communications Services        |                                     |
+--------------------------------+-------------------------------------+
| Rural Radiotelephone Service   | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Air-Ground Radiotelephone      |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| 800 MHz Specialized Mobile     | Auction special size standard -     |
| Radio                          |                                     |
|                                | **Small Business** is \$15M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
+--------------------------------+-------------------------------------+
| 900 MHz Specialized Mobile     |                                     |
| Radio                          |                                     |
+--------------------------------+-------------------------------------+
| Private Land Mobile Radio      | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| Amateur Radio Service          | N/A                                 |
+--------------------------------+-------------------------------------+
| Aviation and Marine Radio      | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Fixed Microwave Services       |                                     |
+--------------------------------+-------------------------------------+
| Public Safety Radio Services   | **Small Business** is 1,500         |
|                                | employees or less                   |
|                                |                                     |
|                                | **Small Government Entities** has   |
|                                | population of less than 50,000      |
|                                | persons                             |
+--------------------------------+-------------------------------------+
| Wireless Telephony and Paging  | 1,500 Employees or Fewer            |
| and Messaging                  |                                     |
+--------------------------------+-------------------------------------+
| Personal Radio Services        | N/A                                 |
+--------------------------------+-------------------------------------+
| Offshore Radiotelephone        | 1,500 Employees or Fewer            |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Wireless Communications        | **Small Business** is \$40M or less |
| Services                       | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 39 GHz Service                 |                                     |
+--------------------------------+-------------------------------------+
| Multipoint Distribution        | Auction special size standard       |
| Service                        | (1996) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding calendar years      |
|                                |                                     |
|                                | Prior to Auction --                 |
|                                |                                     |
|                                | **Small Business** has annual       |
|                                | revenue of \$12.5M or less          |
+--------------------------------+-------------------------------------+
| Multichannel Multipoint        | \$12.5 Million in Annual Receipts   |
| Distribution Service           | or Less                             |
+--------------------------------+-------------------------------------+
| Instructional Television Fixed |                                     |
| Service                        |                                     |
+--------------------------------+-------------------------------------+
| Local Multipoint Distribution  | Auction special size standard       |
| Service                        | (1998) --                           |
|                                |                                     |
|                                | **Small Business** is \$40M or less |
|                                | average annual gross revenues for   |
|                                | three preceding years               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$15M or less for |
|                                | the preceding three years           |
+--------------------------------+-------------------------------------+
| 218-219 MHZ Service            | First Auction special size standard |
|                                | (1994) --                           |
|                                |                                     |
|                                | **Small Business** is an entity     |
|                                | that, together with its affiliates, |
|                                | has no more than a \$6M net worth   |
|                                | and, after federal income taxes     |
|                                | (excluding carryover losses) has no |
|                                | more than \$2M in annual profits    |
|                                | each year for the previous two      |
|                                | years                               |
|                                |                                     |
|                                | New Standard --                     |
|                                |                                     |
|                                | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| Satellite Master Antenna       | \$12.5 Million in Annual Receipts   |
| Television Systems             | or Less                             |
+--------------------------------+-------------------------------------+
| 24 GHz -- Incumbent Licensees  | 1,500 Employees or Fewer            |
+--------------------------------+-------------------------------------+
| 24 GHz -- Future Licensees     | **Small Business** is average gross |
|                                | revenues of \$15M or less for the   |
|                                | preceding three years (includes     |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
|                                |                                     |
|                                | **Very Small Business** is average  |
|                                | gross revenues of \$3M or less for  |
|                                | the preceding three years (includes |
|                                | affiliates and persons or entities  |
|                                | that hold interest in such entity   |
|                                | and their affiliates)               |
+--------------------------------+-------------------------------------+
| ***Miscellaneous***            |                                     |
+--------------------------------+-------------------------------------+
| On-Line Information Services   | \$18 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Radio and Television           | 750 Employees or Fewer              |
| Broadcasting and Wireless      |                                     |
| Communications Equipment       |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Audio and Video Equipment      |                                     |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Telephone Apparatus            | 1,000 Employees or Fewer            |
| Manufacturers (Except          |                                     |
| Cellular)                      |                                     |
+--------------------------------+-------------------------------------+

**Statement of Commissioner Michael J. Copps,**

**Dissenting**

*Re: Infinity Broadcasting Operations, Inc., Licensee of Stations
WNEW(FM), New York, New York; WYSP(FM), Philadelphia, Pennsylvania;
KYCY(AM), San Francisco, California; Infinity Radio Operations, Inc.,
Licensee of Stations WBUF(FM), Buffalo, New York; KSFN(AM), North Las
Vegas, Nevada; WXTM(FM), Cleveland Heights, Ohio; WAZU(FM), Circleville,
Ohio; KUPL(AM), Portland, Oregon; Infinity Radio Subsidiary Operations,
Inc., Licensee of Station KXOA(FM), Roseville, California; Infinity
Broadcasting Corporation of Dallas, Licensee of Station KLLI(FM),
Dallas, Texas; Infinity Broadcasting Corporation of Washington, D.C.,
Licensee of Station WJFK-FM, Manassas, Virginia; Infinity Holdings
Corporation, Licensee of Station WCKG(FM), Elmwood park, Illinois;
Hemisphere Broadcasting Corporation, Licensee of Station WBCN(FM),
Boston, Massachusetts, Notice of Apparent Liability for Forfeiture; AMFM
Radio Licenses, Licensee of Station WWDC-FM, Washington, D.C., Notice of
Apparent Liability for Forfeiture*

I dissent from the Commission's decisions to provide no more than a slap
on the wrist to Infinity (owned by Viacom) and Clear Channel rather than
take serious action to address indecency on our airwaves. Today, the
majority proposes a \$27,500 fine for each incident of airing what the
majority agrees appears to be indecent programming at a time when
children likely composed a significant portion of the audience.

In the case of Infinity/Viacom, thirteen stations ran the "Opie &
Anthony Show" which contained a broadcast of sexual activity at St.
Patrick's Cathedral in New York as part of an on-air stunt. In this
stunt, called "Sex for Sam," couples received points for having sex in
public places. In addition to St. Patrick's Cathedral, the broadcast
described sexual activity at restaurants, at the Disney Store and at FAO
Schwartz. In the case of Clear Channel, one of its stations, WWDC-FM,
broadcast an "Elliot in the Morning" show which included a
station-sponsored promotion to which female high school students called
in for the opportunity to audition to dance in a cage at an upcoming
rock concert. The show's hosts questioned the girls about their sexual
activities at their school \-- Bishop Denis J. O'Connell High School \--
actively solicited other high school students to call, and made repeated
and graphic references to oral sex.

Neither of these cases is a difficult call. Both are outrageous and both
were run by stations whose owners knew better and whose parent companies
have had previous indecent broadcasts brought before this Commission. I
believe we should designate these cases for a hearing on the possible
revocation of these stations' licenses, as provided for by section
312(a)(6) of the Communications Act.

I am particularly troubled by the decision on the "Opie and Anthony
Show." I defy anyone to read the transcript and argue that this
broadcast does not violate the statutory prohibition against airing
indecent material. And I defy anyone to argue that a \$27,500 fine to
each of the stations owned by a multi-billion dollar conglomerate is
adequate to address this clear violation of federal law.

Infinity/Viacom could pay this entire fine by tacking just one more
commercial onto one of its prime-time TV shows and probably pocket a
profit to boot. Some punishment!

The majority admits that each of these stations appears to have
egregiously and extensively violated the statutory ban on broadcast of
indecent material. The majority claims further to recognize the
seriousness of the offense. And it even concedes that the Commission has
the option of the license revocation process. But then it turns timid
and decides that the appropriate recourse for this filth is a \$27,500
fine against each station. In other words, the majority determines that
these stations deserve yet another chance before the Commission even
considers revoking a license. When, I ask, will this end?

This is not the first action against a station owned by Infinity.
Infinity stations paid \$1.7 million in 1995 to settle a series of
indecency cases. As part of that settlement, Infinity agreed to take
steps to prevent further broadcast of indecent material. More complaints
involving other Infinity broadcasts followed. Last April, this
Commission issued another tepid proposed fine against another station
owned by this same company -- WKRK-FM in Detroit -- which had aired some
of the most vulgar and disgusting indecency that I have had the
misfortune to examine. In that decision, the majority warned that
repeated serious violations by Infinity could result in the revocation
of station licenses. The majority repeats that same warning again in
this decision.

Yet, two months prior to the airing of "Sex for Sam" on the "Opie and
Anthony Show," this agency cited the same show for three separate
apparent violations of the indecency statutes. These shows aired between
November 2000 and January 2001. In one instance, a graphic song about a
father having oral sex with his young daughter was broadcast. In the
second instance, the "Opie and Anthony Show" aired another graphic song
by a man seeking girls between the ages of two and three for sex. In the
third instance, the show provided detailed instructions to a teenager
and then broadcast her rubbing a telephone between her legs.

If this situation does not meet the majority's test for repeated
violators, I fail to understand what would. The message to licensees is
clear. Even egregious repeated violations will not result in revocation
of a license. Rather, they will result only in a financial penalty that
doesn't even rise to a serious cost of doing business.

I wonder when this Commission will finally take a firm stand against the
"race to the bottom" on our airwaves. The time has come for us to send a
message that we are serious about enforcing the indecency laws of our
country and that we will be especially vigilant about the actions of
repeat offenders such as those cases before us here. Instead we turn an
apparently incurable deaf ear to millions of Americans who are fed up
with the patently offensive programming sent into their homes so
regularly. Today's decision does nothing to discourage such programming.

It all comes down to this: station owners aren't given licenses to use
the public's airwaves to peddle smut. They are given licenses to serve
the public interest.

**Separate Statement of Commissioner Kevin J. Martin**

*Re: AMFM Radio Licenses, LLC, Licensee of Station WWDC-FM, Washington,
DC,, Notice of Apparent Liability for Forfeiture*

I support the finding in this Notice of Apparent Liability that the
licensee apparently violated our rule against the broadcast of indecent
content, but I would have proposed a higher fine. I am concerned, for
example, that the hosts of this show engaged in these on-the-air
telephone conversations with minors. As I have said in similar cases, we
could have found that each time the show's hosts started talking about
an indecent topic or had a separate distinct conversation, the ensuing
conversation constituted a separate violation.[^56] In prior cases, the
Commission has acknowledged that we have the discretion to consider each
indecent utterance a separate violation.[^57]

**SEPARATE STATEMENT OF**

**COMMISSIONER JONATHAN ADELSTEIN**

*Re: AMFM Radio Licenses, LLC, Notice of Apparent Liability for
Forfeiture*

This Notice sends the unmistakable message to Clear Channel and other
broadcasters who violate our indecency rules: We are stepping up our
enforcement. Once again, we give fair warning that the Commission can
and will avail itself of a range of enforcement sanctions, including the
initiation of proceedings that could result in the revocation of these
stations' licenses. I will not hesitate to consider such revocation
proceedings for serious violations that occur after the explicit notice
we provided in April in WKRK-FM. Similarly, as broadcasters were
explicitly notified in April, I will also support on a going-forward
basis an approach that treats each indecent utterance, such as distinct
conversations or program segments, as a separate violation under our
rules. This will substantially increase our fines, which by statute are
capped at an inadequate level, so they will be more commensurate with
the offenses.

The Commission reached the obvious conclusion that AMFM Radio Licenses,
whose corporate parent is Clear Channel, broadcast indecent material and
should be liable for the full statutory maximum forfeiture amount. It
took far too long for us to reach this conclusion, and I hope we will
act more swiftly in the future to send a clear message.

AMFM's actions here were unquestionably willful and egregious. Hosts of
the "Elliot in the Morning" program repeatedly probed school students
about sexual activity conducted inside a Catholic high school and
actively solicited calls from other students to elicit similar
information. The hosts amplified their sexual banter by simulating the
act of oral sex with numerous sound effects broadcast over the air.
Goading school children in a pandering manner to discuss sexual
activities of students and administrators in a school setting shows a
deliberate attempt to heighten the shock to listeners. The broadcasts
clearly offended community standards.

Unfortunately, the statutory constraints on our ability to level fines
are currently inadequate, as the low fines can be considered by
broadcasters as a cost of doing business and not a serious deterrent. In
this case, a fine below the statutory maximum would not accurately
reflect the circumstances and AMFM's culpability. I believe strongly
that our fines, or other appropriate enforcement actions, should be
sufficient to deter broadcasters from broadcasting indecent material on
the public's airwaves at a time when children are listening. Today's
action, while an important step in that direction, must be followed by
more stringent, swifter and stricter enforcement of our statutory
obligation to prevent indecent broadcasts over the public airwaves.

[^1]: 47 U.S.C. § 503(b)(2002); 47 C.F.R. § 1.80(2002).

[^2]: *See* Letter from Reverend Michael G. Taylor, Chaplain, Assistant
    Principal, Bishop O'Connell High School, to Commissioner Michael J.
    Copps, Federal Communications Commission, dated May 23, 2002
    ("Reverend Taylor Letter"); Letter from Catherine P. Henry to
    Enforcement Bureau, Federal Communications Commission, Enforcement
    Bureau, dated May 8, 2002 (complaining about the broadcasts and
    additionally enclosing 73 letters from Bishop O'Connell students,
    who complained that the broadcasts denigrated Bishop O'Connell High
    School's principal and student body).

[^3]: Reverend Taylor Letter at 1.

[^4]: *See* Program transcript, Attachment A.

[^5]: *Id.* at 10-15

[^6]: *Id.* at 14.

[^7]: *Id.* at 11, 14.

[^8]: *Id.* at 10-12, 14-15.

[^9]: *Id.* at 11.

[^10]: *Id.* at 14.

[^11]: *Id*. at 12.

[^12]: *Id.* at 15.

[^13]: *Id.* at 14-15.

[^14]: *Id.* at 12, 14-17.

[^15]: *Id..* at 12.

[^16]: *Id*. at 17.

[^17]: *Id.* at 17-18.

[^18]: *Id.* at 20.

[^19]: *Id.* at 23.

[^20]: *Id.* at 24.

[^21]: *Id.* at 26.

[^22]: *Id.* at 23-24, 26.

[^23]: *See* Letter from Charles W. Kelley, Chief, Investigations and
    Hearings Division, Enforcement Bureau, Federal Communications
    Commission to AMFM Radio Licenses, LLC, dated November 15, 2002.

[^24]: *See* Letter from Kenneth E. Wyker, Senior Vice President and
    General Counsel, Clear Channel Communications, Inc. to Marlene H.
    Dortch, Secretary, Federal Communications Commission, dated December
    16, 2002 ("Clear Channel Response to Inquiry").

[^25]: *See* Letter from Maureen F. Del Duca, Chief, Investigations and
    Hearings Division, Enforcement Bureau, Federal Communications
    Commission to AMFM Radio Licenses, LLC, dated July 2, 2003. We note
    that the staff appropriately now routinely asks, in letters of
    inquiry issued in response to indecency complaints, whether the
    licensee (or co-owned stations) broadcast the complained-of material
    on other stations.

[^26]: *See* Letter from Richard W. Wolf, Vice President, Clear Channel
    Communications, Inc. to Marlene H. Dortch, Secretary, Federal
    Communications Commission, dated July 7, 2003.

[^27]: *See* 47 U.S.C. § 326(2002).

[^28]: *See* 18 U.S.C. § 1464.

[^29]: 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1); s*ee also* 47
    U.S.C. § 503(b)(1)(D) (forfeitures for violation of 14 U.S.C. §
    1464). 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. 47 U.S.C. §
    312(f)(1). 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, H.R. Rep. No. 97-765, 97^th^ Cong. 2d
    Sess. 51 (1982), and the Commission has so interpreted the term in
    the section 503(b) context. *See, e.g., Application for Review of
    Southern California Broadcasting Co.*, Memorandum Opinion and Order,
    6 FCC Rcd 4387, 4388 (1991) ("*Southern California Broadcasting
    Co.*"). The Commission may also assess a forfeiture for violations
    that are merely repeated, and not willful. *See, e.g.,* *Callais
    Cablevision, Inc., Grand Isle, Louisiana*, Notice of Apparent
    Liability for Monetary Forfeiture, 16 FCC Rcd 1359 (2001) (issuing a
    Notice of Apparent Liability for, *inter alia*, a cable television
    operator's repeated signal leakage). "Repeated" merely means that
    the act was committed or omitted more than once, or lasts more than
    one day. *Southern California Broadcasting Co.,* 6 FCC Rcd at 4388,
    ¶ 5; *Callais Cablevision, Inc.,* 16 FCC Rcd at 1362, ¶ 9.

[^30]: 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).

[^31]: *See, e.g., SBC Communications, Inc.,* Apparent Liability for
    Forfeiture, Forfeiture Order, 17 FCC Rcd 7589, 7591, ¶ 4 (2002)
    (forfeiture paid).

[^32]: Title 18 of the United States Code, section 1464 (18 U.S.C. §
    1464), prohibits the utterance of "any obscene, indecent or profane
    language by means of radio communication." *FCC v. Pacifica
    Foundation*, 438 U.S. 726 (1978). *See also Action for Children's
    Television v. FCC*, 852 F.2d 1332, 1339 (D.C. Cir. 1988) ("*ACT
    I*"); *Action for Children's Television v. FCC,* 932 F.2d 1504, 1508
    (D.C. Cir. 1991)*, cert. denied,* 503 U.S. 914 (1992) ("*ACT II*");
    *Action for Children's Television v. FCC ,* 58 F. 3d 654 (D.C. Cir.
    1995)*, cert. denied,* 516 U.S. 1043 (1996) *("ACT III").*

[^33]: *ACT I,* 852 F.2d at 1344 ("Broadcast material that is indecent
    but not obscene is protected by the First Amendment; the FCC may
    regulate such material only with due respect for the high value our
    Constitution places on freedom and choice in what people may say and
    hear.") *See also United States v. Playboy Entertainment Group,
    Inc.*, 529 U.S. 803, 813-15 (2000).

[^34]: *Infinity Broadcasting Corporation of Pennsylvania,* 2 FCC Rcd
    2705 (1987) (subsequent history omitted) (citing *Pacifica
    Foundation*, 56 FCC 2d 94, 98 (1975), *aff'd sub nom. FCC v.
    Pacifica Foundation*, 438 U.S. 726 (1978)).

[^35]: *Industry Guidance on the Commission's Case Law Interpreting 18
    U.S.C. §1464 and Enforcement Policies Regarding Broadcast Indecency
    ("Indecency Policy Statement")*, 16 FCC Rcd 7999, 8002, ¶¶ 7-8
    (2001) (emphasis in original).

[^36]: Clear Channel Response to Inquiry at 1.

[^37]: The "contemporary standards for the broadcast medium" criterion
    is that of an average broadcast listener and with respect to
    Commission decisions, does not encompass any particular geographic
    area. *See id.* at ¶ 8 and n. 15.

[^38]: *Indecency Policy Statement,* 16 FCC Rcd at 8002, ¶ 9 (emphasis
    in original). In this regard, in order for us to be in a position to
    judge the context of particular material, once a complainant makes a
    *prima facie* case, it is appropriate for the staff to seek from the
    licensee a tape or transcript not only of the relevant material, but
    also of a reasonable amount of preceding and subsequent material.

[^39]: *Id.* at 8002-15, ¶¶ 8-23.

[^40]: *Id.* at 8003, ¶ 10.

[^41]: *Id.* at 8009, ¶ 19 (citing *Tempe Radio, Inc (KUPD-FM)*, 12 FCC
    Rcd 21828 (MMB 1997) (forfeiture paid) (extremely graphic or
    explicit nature of references to sex with children outweighed the
    fleeting nature of the references); *EZ New Orleans, Inc.
    (WEZB(FM))*, 12 FCC Rcd 4147 (MMB 1997) (forfeiture paid) (same).

[^42]: *Id.* at 8010, ¶ 20 ("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").

[^43]: *See* notes 18, 20 and 22, and accompanying text, *supra.*

[^44]: *See* notes 11, 15, 16, 17, 19 and 22, and accompanying text,
    *supra.*

[^45]: *See Indecency Policy Statement,* 16 FCC Rcd at 8003-04, ¶ 12
    (2002); *see also Telemundo of Puerto Rico License Corp. (WKAQ-TV),*
    16 FCC Rcd 7157 (EB 2001) (forfeiture paid); *Citcasters Co.
    (KEGL(FM),* 15 FCC Rcd 19091 (EB 2000) (forfeiture paid).

[^46]: *See Sagittarius Broadcast Corporation,* 7 FCC Rcd 6873, 6874
    (1972) (subsequent history omitted).

[^47]: *See* notes 11 through 14, *supra.*

[^48]: *See ACT III*, 58 F.3d at 660-63.

[^49]: *See, e.g., Citicasters Co.* (*KEGL*(FM)), 16 FCC Rcd 7546 (EB
    2001) (forfeiture paid) (finding a station apparently liable for
    broadcasting a dialogue between program hosts and a female teenage
    caller in which she engaged in sexual banter with the hosts,
    responded to their probing questions and described her masturbating
    activities); *Infinity Broadcasting Operations, Inc. (WNEW(FM)),* 17
    FCC Rcd 10665 (EB 2002)(response pending)(finding a station
    apparently liable for airing a segment, during the program's
    promoted "Teen Week," in which the program hosts gave detailed
    instructions to and encouraged a teenage girl caller to masturbate
    by rubbing a telephone across her pubic area).

[^50]: *The Commission's Forfeiture Policy Statement and Amendment of
    Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines*,
    12 FCC Rcd 17087, 17113 (1997), *recon. denied* 15 FCC Rcd 303
    (1999) ("*Forfeiture Policy Statement*"*);* 47 C.F.R. § 1.80(b).

[^51]: *Forfeiture Policy Statement*, 12 FCC Rcd at 17100-01, ¶ 27.

[^52]: *Citicasters Co.* (*KEGL*(FM)), 16 FCC Rcd 7546 (EB 2001)
    (forfeiture paid); *Citicasters Co. (KSJO(FM)),* 15 FCC Rcd 19095
    (EB 2000)(forfeiture paid); *Citicasters Co. (KSJO(FM)),* 15 FCC Rcd
    19091 (EB 2000)(forfeiture paid).

[^53]: *See Infinity Broadcasting Operations, Inc.(WKRK-FM),* 18 FCC Rcd
    6915, 6919, ¶ 13 (2003)(response pending).

[^54]: 47 C.F.R. § 1.1914 (2002).

[^55]: Consistent with section 503(b) of the Act and Commission
    practice, for the purposes of the forfeiture proceeding initiated by
    this NAL, AMFM shall be the only party to this proceeding.

[^56]: *See* Separate Statement of Commissioner Kevin J. Martin,
    *Infinity Broadcasting Operations, Inc., Licsnesee of Station
    WKRK-FM, Detroit, Michigan*, Notice of Apparent Liability for
    Forfeiture, 18 FCC Rcd 6915 (2003) (*Infinity Detroit NAL*).

[^57]: *Infinity Detroit NAL* at para. 13 (clarifying that the
    Commission could pursue enforcement action for each indecent
    utterance). *See also* 18 U.S.C. § 1464 (specifying that
    "\[w\]hoever utters any obscene, indecent, or profane language by
    means of radio communication shall be fined under this title or
    imprisoned not more than two years, or both.").