**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of )

) File No. EB-02-IH-0485

) NAL Acct. No. 200532080022

**Entercom Kansas City License, LLC** ) FRN No. 004434866

) Facility ID No. 74101

Licensee of Station )

KQRC-FM, Leavenworth, Kansas )

)

**ENTERCOM WICHITA LICENSE, LLC** ) FRN No. 0005374145

Licensee of Station ) Facility ID No. 53152

KFH(AM), Wichita, Kansas )

## 

## NOTICE OF APPARENT LIABILITY FOR FORFEITURE

**Adopted:** September 28, 2004 **Released:** December 22, 2004

By the Commission: Commissioner Copps concurring and issuing a
statement; Commissioner

Martin approving in part, concurring in part and issuing a statement.

## I. INTRODUCTION

1.  In this *Notice of Apparent Liability For Forfeiture* ("*NAL*"),
    issued pursuant to Section 503(b) of the Communications Act of 1934,
    as amended (the "Act"), and Section 1.80 of the Commission's
    rules,[^1] we find that Entercom Kansas City License, LLC, and
    Entercom Wichita License, LLC (collectively "Entercom"),[^2]
    licensees of Stations KQRC-FM, Leavenworth, Kansas, and KFH(AM),
    Wichita, Kansas, respectively, apparently violated 18 U.S.C. § 1464
    and 47 C.F.R. § 73.3999, by willfully and repeatedly airing indecent
    material during the April 4, April 29, May 2, and May 3, 2002,
    broadcasts of the "Dare and Murphy Show." Based upon our review of
    the facts and evidence before us, each of the above-captioned
    licensees is apparently liable for a monetary forfeiture in the
    amount of One Hundred Ten Thousand Dollars (\$110,000), the
    statutory maximum of \$27,500 each for four indecency violations,
    for an aggregate forfeiture amount of \$220,000.

**II. BACKGROUND**

2.  This proceeding arises from an anonymous complaint alleging that
    Station KQRC-FM broadcast indecent material during segments of the
    "Dare and Murphy Show" aired on April 4, 2002 ("Segment 1"); April
    29, 2002 ("Segment 2"); May 2, 2002 ("Segment 3"); and May 3, 2002
    ("Segment 4"). After reviewing the complaint, audio tapes provided
    by the complainant, and transcripts of the material on the tapes,
    the Enforcement Bureau (the "Bureau") issued a letter of inquiry
    ("LOI")[^3] to Entercom, requesting further information about the
    program segments.

3\. In response to the LOI, Entercom states that it "does not possess
its own tape" of the program segments at issue and, therefore, cannot
"conclusively determine" that the station aired the material mentioned
in the complaint.[^4] However, Entercom confirms that the "Dare and
Murphy Show" was broadcast on KQRC-FM from 6 a.m. to 10 a.m. on April 4,
April 29, May 2, and May 3, 2002, and that Entercom also broadcast the
"Dare and Murphy Show" on its commonly owned station KFH(AM) between 6
a.m. and 10 a.m. on these same dates. Entercom argues that, assuming the
material was aired as set forth in the complaint, it is not indecent
since Segment 1 does not depict or describe sexual or excretory
activities or organs;[^5] Segments 2 and 3 are not patently offensive
since both segments are either open to harmless, non-sexual
interpretations or are presented in a non-explicit, non-indecent
manner;[^6] and Segment 4 is presented in an oblique manner that lacks
an unmistakable sexual meaning.[^7] Entercom further argues that the
Commission's indecency definition is unconstitutionally vague and
overbroad;[^8] and that contemporary community standards have evolved to
the point that the complained-of material is no longer patently
offensive.[^9]

**III. DISCUSSION**

4.  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.[^10] The Commission does,
    however, have the authority to enforce statutory and regulatory
    provisions restricting indecency and obscenity. Specifically, it is
    a violation of federal law to broadcast obscene or indecent
    programming. Title 18 of the United States Code, Section 1464,
    prohibits the utterance of "any obscene, indecent or profane
    language by means of radio communication."[^11] In addition,
    consistent with a subsequent statute and court case,[^12] 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.

**A. Indecency Analysis**

5.  Any consideration of government action against allegedly indecent
    programming must take into account the fact that such speech is
    protected under the First Amendment.[^13] The federal courts
    consistently have upheld Congress's authority to regulate the
    broadcast of indecent material, as well the Commission's
    interpretation and implementation of the governing statute.[^14]
    Nevertheless, the First Amendment is a critical constitutional
    limitation that demands that, in indecency determinations, we
    proceed cautiously and with appropriate restraint.[^15]

6.  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.[^16]

> 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.[^17]

7.  As discussed in further detail below,[^18] we find that all of the
    segments describe or depict sexual or excretory organs or activities
    and therefore fall within the subject matter scope of our indecency
    definition. Entercom further acknowledges that Segments 2, 3, and 4
    depict or describe sexual or excretory organs or activities.[^19] In
    Segment 1, the running commentary of the hosts, in particular their
    comments about the contestants' genitalia, buttocks and breasts,
    describe or depict sexual or excretory organs.

8.  We now turn to an analysis of whether the material in the four
    segments subject to this NAL satisfies the second prong of the
    Commission's two-part indecency analysis -- that is, whether the
    broadcasts were patently offensive as measured by contemporary
    community standards for the broadcast medium. In our assessment of
    whether broadcast material is patently offensive, "the *full
    context* in which the material appeared is critically
    important."[^20] 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.[^21] 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."[^22] In
    particular cases, the weight of one or two of the factors may
    outweigh the others, either rendering the broadcast material
    patently offensive and consequently indecent,[^23] or,
    alternatively, removing the broadcast material from the realm of
    indecency.[^24]

9\. *April 4, 2002, Broadcast.* With respect to the *Indecency Policy
Statement's* first two factors, we find that the material reflected in
Attachment A as Segment 1, a broadcast of "Naked Twister" with local
strippers participating as contestants, dwells on descriptions of female
genitalia and breasts in an explicit and graphic manner. The commentary
during the segment contains the following descriptions of the
participants' vaginal areas: "\[s\]he's got the little mohawk
downstairs;"[^25] "she's apparently undergoing chemotherapy
below...\[t\]hat means her hair is gone;"[^26] and "\[y\]ou've got a
little tattoo over your vagina."[^27] The segment also includes
unmistakable references to sexual activities, such as "she could reach
over and actually lick her on the nipple."[^28] Multiple references are
also made to sexual arousal, including one host stating that he has a
"boner," and another reference to a contestant's nipples being
"hard."[^29] In contrast to Entercom's assertion, the Commission has, in
fact, found similar material indecent.[^30] The references, to the
extent they consist of innuendo, are nevertheless sufficient since the
sexual import is unmistakable.[^31] Finally, the material is clearly
intended to pander to and titillate the audience; the commentary is
clearly intended to make the naked Twister game as titillating as
possible by dwelling on the appearance of the contestants' sexual organs
and the sexual arousal of the host and one of the contestants.
Accordingly, we find that the broadcast of a game of "Naked Twister" by
Entercom, during the hours between 6:00 a.m. and 10:00 p.m., apparently
violated the pertinent statutory and regulatory provisions restricting
broadcast indecency.

10\. *April 29, 2002, Broadcast.* With respect to the *Indecency Policy
Statement's* first two factors, we find that the material reflected in
Attachment A as Segment 2, an on-air interview with pornographic film
actor Dave Cummings, dwells on descriptions of sexual activities in an
extremely explicit and graphic manner. During the interview, Mr.
Cummings and the on-air hosts discuss numerous sexual acts, including a
clear description of one female having intercourse with one actor while
performing fellatio on another, and particular sexual stunts that
involve the timing of "money shots."[^32] The interview also consists of
a detailed description of the "2002 Wildlife Productions Anal Contest,"
including the following commentary by one of the on-air hosts:
"\[w\]ell, \$1,500 extra to have some guy pound you in the wazoo. I
don't see how you can turn that down;"[^33] and "\[w\]ell see, if you
did reality, you know what it would be? It would be like this. You get
out of my ass, please. Will you please take that out of my ass."[^34]
Dave Cummings further notes that he "end\[ed\] up having sex with the
trophy girl, and then one of the contestants yells over, 'Daddy come do
me, Daddy, come do me.'"[^35] Given the surrounding dialogue, a
conversation with a pornographic actor discussing his business, such
terms as "money shot" and "doing" women have a clear and unmistakable
sexual import. We have found similar material to be indecent or
apparently indecent.[^36] There is no reasonable nonsexual
interpretation to such phrases as "anal contest" and "please take that
out of my ass." The material dwells on descriptions and/or depictions of
sexual activities and organs. In fact, throughout the entire segment,
the hosts and guest describe one sexual encounter after another in
graphic detail. Finally, the stations use the material to titillate,
shock and pander to the stations' listeners. The sexual references are
not made as part of a clinical discussion, but rather as a promotion for
Dave Cummings' movies. Accordingly, we find that the broadcast of an
interview of pornographic film actor Dave Cummings by Entercom, during
the hours between 6:00 a.m. and 10:00 p.m., apparently violated the
pertinent statutory and regulatory provisions restricting broadcast
indecency.

11\. *May 2, 2002, Broadcast.* With respect to the *Indecency Policy
Statement's* first two factors, we find that the material reflected in
Attachment A as Segment 3, an on-air interview with pornographic film
star Ron Jeremy, dwells on descriptions of sexual activities and organs
in an explicit and graphic manner. In addition to discussing the number
of women with whom Ron Jeremy has had sex, they discuss fellow-actor
Rocko Vincente's films, in particular his desire to have women
"regurgitate on his quacky."[^37] The on-air hosts state that Ron Jeremy
has a "giant penis,"[^38] and that they are amazed that he is able to
self-fellate:

> Man's Voice: Well, the fact that he's world-renowned Ron Jeremy, for
> being able to self-fellate, to do the full Ronty.
>
> Ron Jeremy: Listen, I make sure that when I do I wear a rubber,
> because I don't know where he's been.
>
> Man's Voice: Can you still do that?
>
> Ron Jeremy: Well, since I got a little chunky, I can only kiss the tip
> at this point.[^39]

During another portion of the segment, the hosts and Mr. Jeremy discuss
a movie in which Mr. Jeremy had sex with an obese woman. Mr. Jeremy
states that "\[i\]f a guy is doing a girl that's that big it's, anywhere
you go, it goes in;"[^40] "I think I had sex with a fold for half an
hour;"[^41] and "I don't think I ever got to genitalia."[^42] In
response, the on-air hosts comment that "\[y\]eah, her pudding looked
like a catcher's mitt, dude;"[^43] and that "\[t\]here was no way that
his penis, even the size of his penis, there was no way it was long
enough to get past the thighs."[^44]

12\. The argument that the segment does not have an inescapable sexual
meaning, or is not indecent based on precedent, is patently
unpersuasive. For instance, the sexual import of the word "pudding,"
given the context of the surrounding discussion, is inescapable. The
segment dwells on descriptions and/or depictions of sexual activities
and organs. For instance, the hosts and guest discuss the size of Mr.
Jeremy's penis; how another pornographic film actor likes to have sex;
Mr. Jeremy's ability to self-fellate; and Mr. Jeremy's sexual encounter
with an obese woman. Further, much of the discussion graphically
describes sexual activities, such as the interviewer's comment that the
porn star's sexual organ was so large that he could "self-fellate."
Given the explicitness of the conversation, Entercom's argument that the
segment did not have an inescapable sexual meaning is disingenuous, to
say the least. Finally, the discussion is in no way clinical, but is
lewd, and we conclude that the stations aired the material to titillate,
shock, and pander to the audience. Accordingly, we find that the
broadcast of an interview of pornographic film actor Ron Jeremy by
Entercom, during the hours between 6:00 a.m. and 10:00 p.m., apparently
violated the pertinent statutory and regulatory provisions restricting
broadcast indecency.

13\. *May 3, 2002, Broadcast.* With respect to the *Indecency Policy
Statement's* first two factors, we find that the material reflected in
Attachment A as Segment 4, a broadcast of a pornographic film actress
being masturbated to orgasm on-air with a vibrator, dwells on
descriptions of sexual activities in an extremely explicit and graphic
manner. The actress instructs the on-air host on what to do to help her
achieve orgasm, stating that she will "pull it apart for you;" that he
should "push down;" and that he should "\[g\]o like right there. Right
on the heel, the heel."[^45] She then moans repeatedly, attempting to
achieve what Entercom terms the "Big O."[^46] In fact, Entercom
acknowledges that the segment "involves an attempt by a woman to achieve
the "Big O."[^47] The on-air commentary includes discussions about
whether the on-air host should spank or pull the hair of the actress
while inserting the vibrator.[^48] While the broadcast does not use
specific terms for the sexual organs involved, the specific activity
depicted is obvious, and the surrounding commentary leaves little to the
listener's imagination. The description is not clinical, but is lewd,
and used to shock, pander, and titillate. Accordingly, we find that the
broadcast of Segment 4 during the hours between 6:00 a.m. and 10:00
p.m., apparently violated the pertinent statutory and regulatory
provisions restricting broadcast indecency.

14. We reject Entercom's contention that, because Station KQRC-FM
    generally enjoys high ratings, the contemporary community standards
    of the Kansas City listening community are such that the material is
    not patently offensive. 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.[^49] Whether particular material is
    actionably indecent does not turn on whether the station that
    broadcast it (or the program) happens to be popular in its
    particular market.[^50] Further, a primary purpose of indecency
    regulation is to protect children from graphic and offensive sexual
    and excretory material, and indecent material is prohibited from
    being broadcast between 6 a.m. and 10 p.m. when children are likely
    to be in the audience.[^51] By broadcasting this material during
    this time period, Entercom apparently violated the prohibitions in
    the Act and the Commission's rules against broadcast indecency.

15\. Finally, Entercom argues that the Commission's indecency standard
is unconstitutionally vague and overbroad, citing *Reno v. ACLU*[^52]
and *Ashcroft v. Free Speech Coalition*.[^53] The constitutional
validity of the Commission's indecency standard has been repeatedly
affirmed by courts.[^54] As we have previously indicated, neither *Reno*
nor *Ashcroft* alters this conclusion.[^55]

**B. Proposed Forfeiture**

16\. Based on our review of the record in this case, we conclude that
Entercom is apparently liable for a forfeiture for each airing of four
different segments on WQRC-FM and KFH(AM). Entercom does not deny that
each of the captioned stations broadcast the "Dare and Murphy Show" on
April 4, April 29, May 2, and May 3, 2002, and has failed to provide
evidence that KFH(AM) edited the material during their regular
broadcasts of the program.

17\. The Commission's *Forfeiture Policy Statement* sets a base
forfeiture amount of \$7,000 for the transmission of indecent or obscene
materials.[^56] 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."[^57] Based upon our thorough
review of the record, including the repetitive nature of the violations
and Entercom's history of prior indecent broadcasts,[^58] we conclude
that an upward adjustment of the forfeiture amount to the statutory
maximum of \$27,500 is warranted in this case for each instance in which
Entercom apparently violated 18 U.S.C. § 1464 and 47 C.F.R. §
73.3999.[^59] Thus, we find that the appropriate forfeiture amount is
\$110,000 for Entercom Kansas City License, LLC, and Entercom Wichita
License, LLC, respectively, for a total of \$220,000. We also take this
opportunity to reiterate our admonition (which took place after the
behavior at issue here) that serious multiple violations of our
indecency rule by broadcasters may well lead to the commencement of
license revocation proceedings, and that we may issue forfeitures for
each indecent utterance in a particular broadcast.[^60]

**V. ORDERING CLAUSES**

18\. 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,[^61] that Entercom Kansas City License, LLC, and
Entercom Wichita License, LLC are hereby NOTIFIED of their APPARENT
LIABILITY FOR FORFEITURE in the total amount of One Hundred Ten Thousand
Dollars (\$110,000) each for willfully violating 18 U.S.C. § 1464 and
Sections 73.3999 the Commission's rules.

19\. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
rules, that within thirty (30) days of the release of this *Notice*,
Entercom Kansas City License, LLC, and Entercom Wichita License, LLC,
SHALL PAY the full amount of the proposed forfeiture against it or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.

20\. Payment of the forfeiture must be made by check or similar
instrument, payable to the order of the Federal Communications
Commission. The payment must include the NAL/Acct. Nos. and FRN Nos.
referenced above. Payment by check or money order may be mailed to
Forfeiture Collection Section, Finance Branch, Federal Communications
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482. Payment by
overnight mail may be sent to Bank One/LB 73482, 525 West Monroe, 8^th^
Floor Mailroom, Chicago, Illinois 60661. Payment by wire transfer may be
made to ABA Number 071000013, receiving bank Bank One, and account
number 1165259.

21\. The response, if any, must be mailed to William H. Davenport,
Chief, Investigations and Hearings Division, Enforcement Bureau, Federal
Communications Commission, 445 12^th^ Street, S.W, Room 4-C330,
Washington D.C. 20554 and MUST INCLUDE the NAL/Acct. No. referenced
above.

22\. 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.

23\. Requests for payment of the full amount of this Notice of Apparent
Liability for Forfeiture under an installment plan should be sent to:
Chief, Revenue and Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.[^62]

24\. 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 Entercom Kansas City License, LLC, or Entercom Wichita License, LLC,
qualify as a small entity and if it wishes to be treated as a small
entity for tracking purposes, it should 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.
The certification should indicate whether Entercom Kansas City License,
LLC, or Entercom Wichita License, LLC, including its parent entity and
its subsidiaries, meet 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. Entercom
Kansas City License, LLC, and Entercom Wichita License, LLC's responses
or failure to respond to this question will have no effect on their
rights and responsibilities pursuant to Section 503(b) of the
Communications Act. If Entercom Kansas City License, LLC, or Entercom
Wichita License, LLC have questions regarding any of the information
contained in Attachment B, it should contact OCBO at (202) 418-0990.

25\. Accordingly, IT IS ORDERED, that the complaint filed against
Station KQRC-FM's broadcast of the "Dare and Murphy Show" on April 4,
April 29, May 2, and May 3, 2002, IS GRANTED to the extent set forth
herein.

26\. IT IS FURTHER ORDERED, that copies of this *Notice of Apparent
Liability For Forfeiture* shall be sent, by Certified Mail Return
Receipt Requested, to Entercom Kansas City License, LLC, and Entercom
Wichita License, LLC, 401 City Avenue, Suite 809, Bala Cynwyd,
Pennsylvania 19004, and their counsel, Brian M. Madden, Esq., Leventhal
Senter & Lerman PLLC, 2000 K Street, NW, Suite 600, Washington, DC
20006.

FEDERAL COMMUNICATIONS COMMISSION

> Marlene H. Dortch
>
> Secretary

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

**[Segment 1: April 4, 2002 at approximately 8:40 a.m.]{.underline}**

MAN\'S VOICE: All right, we\'re gonna take those clothes off. Let\'s get
ready to go.

(To the tune of Can-Can.) It\'s time to put them to the test, to find
out which one is the best. Everyone is on a mission, so let\'s start the
competition. Twister mats are all laid out, our club\'s the best you\'ll
hear them shout. But Dare don\'t care, he will not fake it, he just
wants to see them naked.

Naked Twister, oil them up and watch them go. Done with strippers,
rolling naked on the floor. Naked Twister, look at all that silicone.
Done with strippers, but Dare will still go home alone.

MAN\'S VOICE: That\'s right, it\'s the first annual Johnny Dare and
Murphy in the morning naked Twister stripper invitational. With girls
from gentlemen\'s clubs all over town competing to find out who is the
best.

MAN\'S VOICE: Who the hell are we trying to kid? This is just Johnny\'s
way of seeing some naked chicks without having to shell out some
singles.

MAN\'S VOICE: And here\'s your host \--

MAN\'S VOICE: One of whom\'s gonna be wearing a callous on a certain
part of his body later \--

MAN\'S VOICE: Johnny Dare and Murphy.

MAN\'S VOICE: All right, the ladies are peeling it off right now, as a
matter of fact. There seems to be some apprehension in a couple of them,
but the others really care about this game.

MAN\'S VOICE: You know what, I think that they\'re really, they\'re
getting set up for the whole thing. Where\'s my list of the girls? So I
can remember everybody\'s name.

MAN\'S VOICE: We\'ve got Rio, Olivia, Charity, and Taylor.

MAN\'S VOICE: Now, Rio\'s got some huge boobs on her. Seriously large.

MAN\'S VOICE: Yeah, that\'s true. Very impressive.

MAN\'S VOICE: She\'s got the little mohawk downstairs. She\'s got a
little mohawk.

Now, Olivia, Olivia\'s got some nice breasts, also, and she\'s also got
the mohawk.

What else do we got here? Sasha.

WOMAN\'S VOICE: Ooh, check out the tattoo.

MAN\'S VOICE: Ooh, nice. Got a little heart tattoo. And she\'s
apparently undergoing chemotherapy down below.

MAN\'S VOICE: I get it. That means her hair is gone.

MAN\'S VOICE: Yeah. Taylor, who\'s got nice breasts. And Taylor is also
\-- oh, so sad.

WOMAN\'S VOICE: They have matching tattoos.

MAN\'S VOICE: That\'s so sad. That is so sad.

MAN\'S VOICE: This is so nice, though. This is about people, and I think
that\'s what nude Twister does is bring people together.

MAN\'S VOICE: And Charity. Charity. You\'ve got a little tattoo over
your vagina, Charity. Yes, you do.

MAN\'S VOICE: That\'s very nice. Is that like a bat of some sort?

WOMAN\'S VOICE: It\'s a butterfly.

MAN\'S VOICE: Oh, it\'s a butterfly. And it looks like it turned into a
caterpillar.

(Laughter.)

MAN\'S VOICE: Get the hell out of here. Look at him, Roger Carson just
walked in. He just wants to come in. He\'s older and creepy.

MAN\'S VOICE: Get these horny guys out of here. We\'re professionals.

MAN\'S VOICE: Now, we\'ve got the girls. Are you ready to go?

MAN\'S VOICE: Johnny and I don\'t even know they\'re nude. That\'s cuz
we\'re professionals and we care about the game, right?

MAN\'S VOICE: Well, we\'re not looking at them personally.

MAN\'S VOICE: No. This is a professional series.

MAN\'S VOICE: It\'s about the competition, ladies. I want you to try
hard. I want you to win for your clubs. I mean, you\'re representing
each of the clubs, the Show, Badda-Bing, Satin Dolls, Temptations,
Whispers, they\'re all there. And you need to win. We don\'t even see
you naked. You\'re not naked to me.

WOMAN\'S VOICE: I\'m not naked.

MAN\'S VOICE: Not naked.

WOMAN\'S VOICE: Yeah, she has a hat on, for God\'s sake.

MAN\'S VOICE: Yeah, she can\'t be naked. She\'s wearing a cowboy hat.

Now, T, you\'re going to put the aloe vera baby oil down.

MAN\'S VOICE: Yes, I am. This has vitamin E in it.

MAN\'S VOICE: Oh, that\'s good. Now, who\'s the baby oil brought to you
by? What product?

MAN\'S VOICE: It\'s brought to you by Equate today.

MAN\'S VOICE: Oh, Equate. They\'re very good baby oil people. They\'re
the best in nude Twister.

MAN\'S VOICE: Squirt that thing down, hose it down.

MAN\'S VOICE: By the way, ladies, just so you know, ladies, the winner
does get to go to Manhattan, Kansas for the semi-finals.

(Laughter.)

MAN\'S VOICE: And we\'re going to send you out in a Ramada minivan.

MAN\'S VOICE: Ooh, when did that happen? I didn\'t even know we got that
done.

MAN\'S VOICE: Actually, I was on the phone last night til like 3.

MAN\'S VOICE: You are the man.

MAN\'S VOICE: I do a lot of trade.

MAN\'S VOICE: All right, now, this is how it works. T-Bone, you\'re
gonna line them up, since you have been the official Twister placement
guy.

MAN\'S VOICE: Right.

MAN\'S VOICE: All right, line them up there.

MAN\'S VOICE: Okay. You two over on this side here, and \--

MAN\'S VOICE: You two over there. They have names, too, Bone, okay?

WOMAN\'S VOICE: Yeah, come on.

MAN\'S VOICE: They\'re human beings, my God. Sasha, Olivia \--

MAN\'S VOICE: Don\'t treat them like meat.

MAN\'S VOICE: \-- please get over in an area that I can see. Charity,
Taylor, very good.

MAN\'S VOICE: All right, everybody has been lined up. The field is ready
for play. That means you lined them up, the order will go Rio, Sasha,
Olivia, Charity, then Taylor. You must move. If it says right hand
green, and you\'re already right hand green, you must switch to another
green. You must always make a move. The last one standing of course is
the winner. Anybody falls, your ass hits, you\'re out. You guys ready?
Ladies, are you ready?

WOMEN\'S VOICES: Ready.

MAN\'S VOICE: Very good, all right. Are they all oiled down?

MAN\'S VOICE: I\'m getting ready to oil everybody\'s hands right now,
but the \--

MAN\'S VOICE: No, no, they\'re all fine. You don\'t have to oil their
hands. The oil\'s on the mat.

WOMAN\'S VOICE: Nice try.

MAN\'S VOICE: Nice try, dude. If there\'s enough oil on the mat, why
don\'t you step away from the women? Step away from the girls.

MAN\'S VOICE: Yeah, why don\'t you get away, out of my eyesight?

(Laughter.)

MAN\'S VOICE: Ladies, just a quick fun fact about nude Twister. Because
of the oil there\'s no friction, so be careful when you go down. I
don\'t want you to fall too fast, okay? I need you to stay here for a
long time.

WOMAN\'S VOICE: Right.

MAN\'S VOICE: All right, let\'s start.

MAN\'S VOICE: Oh, my God. Rio, right foot yellow. She has accomplished
her goal.

MAN\'S VOICE: She\'s very good at it. Very nice, very nice.

(Applause.)

MAN\'S VOICE: Bob, you\'re gonna have to go a lot faster than this.

MAN\'S VOICE: Okay. Sasha, left hand blue.

MAN\'S VOICE: Oh, the first bend-over. Nice job, Sasha.

MAN\'S VOICE: Olivia, left hand red.

MAN\'S VOICE: Olivia, oh, hey, how does that look?

MAN\'S VOICE: Charity, left hand yellow. This is happening, baby.

MAN\'S VOICE: Yeah, it is. This is starting to work. This is starting to
go now.

MAN\'S VOICE: Taylor, blue, right foot, baby.

WOMAN\'S VOICE: Which one is my right?

MAN\'S VOICE: Let me come over and show you. Oh, my God.

MAN\'S VOICE: Dude, there\'s guys looking through the window.

MAN\'S VOICE: Oh, look at this guy here. Who\'s this sleaze-bucket? Oh,
get the hell away from this.

(Laughter.)

MAN\'S VOICE: Hey, Bob, Bob, Bob, come back and spin.

WOMAN\'S VOICE: The show\'s in progress.

MAN\'S VOICE: Come back and spin. He\'s holding stuff over the window.

MAN\'S VOICE: Well, who is that guy?

MAN\'S VOICE: It\'s okay if they look.

MAN\'S VOICE: No, it\'s not.

MAN\'S VOICE: Why not?

MAN\'S VOICE: This isn\'t the NBC Today Show.

(Laughter.)

MAN\'S VOICE: My God, they\'re kind enough to come down here and get
nude.

MAN\'S VOICE: Spin!

MAN\'S VOICE: Oh, shut up.

MAN\'S VOICE: Spin, Bob, spin!

MAN\'S VOICE: Left hand yellow, Rio.

MAN\'S VOICE: Oh, there\'s Rio bending over.

MEN\'S VOICES: Aaah.

WOMAN\'S VOICE: Nice shot for me.

MAN\'S VOICE: And Taylor\'s (inaudible).

MAN\'S VOICE: Okay, slap someone\'s ass, yellow. No, I\'m teasing.
Sasha, right hand green. Olivia, blue, right foot.

MAN\'S VOICE: Oh, see, we\'ve got some movement.

MAN\'S VOICE: Charity, red foot yellow.

WOMAN\'S VOICE: Red foot yellow?

MAN\'S VOICE: Oh-oh, now see, we\'re starting to get a little contact,
girl-on-girl contact now.

MAN\'S VOICE: I am getting a little nervous. Yeah, Taylor, blue, left
hand.

MAN\'S VOICE: Oh, look at that. Now, see, Taylor is up next to
Charity\'s right breast.

MAN\'S VOICE: This is perfect.

MAN\'S VOICE: And she could reach over and actually lick her on the
nipple.

MAN\'S VOICE: Yeah, Rio \--

WOMAN\'S VOICE: And her head is close to Rio\'s butt.

MAN\'S VOICE: Oh, yes.

MAN\'S VOICE: Rio, you\'re now going for bonus points, okay? All feet on
me. I\'m sorry, that\'s wrong. Right hand yellow, Rio.

MAN\'S VOICE: Right hand yellow.

WOMAN\'S VOICE: Oh, scratch. You\'ve got to go clear over.

MAN\'S VOICE: You must move. You must move.

(Simultaneous talking.)

MAN\'S VOICE: Yeah, you can. Please, we encourage you using the same
space someone else is in. I\'m a guy.

Okay, red, right foot.

WOMAN\'S VOICE: Their name\'s not red.

MAN\'S VOICE: I have a boner.

(Laughter.)

MAN\'S VOICE: I\'m gonna be honest. I\'m sorry. Sasha, it\'s left foot
green now.

MAN\'S VOICE: Oh, let\'s see where Sasha moves now.

MAN\'S VOICE: Olivia.

MAN\'S VOICE: You\'ve got to get that in.

WOMAN\'S VOICE: Ooh, a cross-over.

MAN\'S VOICE: Oh, nice cross, Sasha. Ooh.

MAN\'S VOICE: Olivia from Temptations, left foot red.

MAN\'S VOICE: Olivia!

MAN\'S VOICE: Left foot red, Olivia.

MAN\'S VOICE: Come on, you can do it. Oh, hello!

MAN\'S VOICE: People, people who need people.

MAN\'S VOICE: Wow, that just got real open.

MAN\'S VOICE: Charity, left foot green. Charity, do you need some help?
I can come over there.

WOMAN\'S VOICE: I have a triple-butt shot.

MAN\'S VOICE: We also need to keep talking about which club they\'re
from, cuz I want people to understand who\'s more limber, who\'s \--

MAN\'S VOICE: Taylor, actually, from Whispers, is going to go right hand
green right now. Taylor from Whispers, why don\'t we go ahead and make
that happen? Oh, yeah.

MAN\'S VOICE: Taylor\'s making \-- oh.

MAN\'S VOICE: She\'s a little closer into the action.

MAN\'S VOICE: Every girl is bent over right now. They\'re all down
there.

MAN\'S VOICE: This is very exciting. Rio, you\'re going to have to go
right hand green now.

MAN\'S VOICE: Oh, she\'ll never make that. Did she do it?

MAN\'S VOICE: She did it, baby. She\'s a professional.

MAN\'S VOICE: Oh, my God. There\'s three asses right in a row, all
touching, all sticking up in the air.

MAN\'S VOICE: Okay, Olivia from Temptations, very exciting, left foot
yellow.

MAN\'S VOICE: Left foot, can she make it? Olivia, can you do it?

MAN\'S VOICE: She almost, she\'s getting there.

WOMAN\'S VOICE: Oh, no.

MAN\'S VOICE: Oh, no! Oh, my God! Ohhh.

MAN\'S VOICE: Oh, Olivia\'s out of the game.

MAN\'S VOICE: Olivia\'s out of the game.

WOMAN\'S VOICE: Nice job, though.

MAN\'S VOICE: Nice job, though, Olivia. Nice job.

MAN\'S VOICE: Well, Olivia is the first one out of the game.

MAN\'S VOICE: Olivia, stand up. Stand up.

MAN\'S VOICE: As your parting gift I\'ll have to wipe you down.

MAN\'S VOICE: Come over here, come over to the mike. What happened
there, Olivia? What happened?

MAN\'S VOICE:Did you feel the pressure?

WOMAN\'S VOICE: It got slippery.

MAN\'S VOICE: And you couldn\'t make it any more? You didn\'t feel like
you could keep going?

WOMAN\'S VOICE: It got slippery, man.

MAN\'S VOICE: That\'s why there\'s baby oil.

MAN\'S VOICE: Now, in your profession, that\'s dangerous.

MAN\'S VOICE: That is dangerous. Because the stage is normally dry.

WOMAN\'S VOICE: Yes.

MAN\'S VOICE: And the pole is normally wiped down.

WOMAN\'S VOICE: Yes, every time.

MAN\'S VOICE: But this is another degree of difficulty, isn\'t it?

WOMAN\'S VOICE: This is out of control.

MAN\'S VOICE: Very good. Olivia from Temptations, thank you very much.
Nice job, nice job. She\'s gonna put her clothes on. We still have who
left?

MAN\'S VOICE: Well, we\'re very excited, we\'re going down now to
Charity. Charity, we\'re going to have to go left hand yellow now,
Charity. Charity? Oh, yeah.

MAN\'S VOICE: Oh, yeah.

MAN\'S VOICE: Yeah, that\'s nice.

MAN\'S VOICE: Charity\'s nipples are hard.

**[Segment 2: April 29, 2002 at approximately 8:40 a.m.]{.underline}**

MAN\'S VOICE: Dave Cummings, porn star/producer/director, is a very
unique adult film star, so his biography says. He was almost 55 years
old before he launched his acting career. Now over 61, Dave Cummings is
regarded as a major adult porn star who has appeared in over 200 adult
films, and who is known internationally as a stud who possesses
unlimited sexual stamina.

This is creepy cuz he\'s old. He\'s almost bald, a little overweight,
and he was in such movies as The Big Feast, Papparazzi, Tales of
Perversity, Anal Gateway, Grandpa Dave\'s Bedtime Tales, We Go Deep,
Number Nine, Sugar Daddies, Porno Gothic, Second Wives\' Club, Filthy
First Timers, Eat at Dave\'s, Screw my Wife Please. He was the star in
all of those, and he\'s with us right now. Big Dave Cummings, what\'s
going on, man?

MAN\'S VOICE: Hey, good morning, folks. How you doing?

MAN\'S VOICE: Nice to have you on the show this morning.

MAN\'S VOICE: Hey, I\'m glad to be here. I remember being on this show
before; it was fun.

MAN\'S VOICE: Yeah, I think we talked to you when you were just starting
to get into it. Now, how has it been as far as the movies go? You\'re
still doing all the movies. You\'re the world\'s oldest active porn
star.

MAN\'S VOICE: Actually, I\'m up to about movie 310 or 315, and I\'ve
been in about 525 sex scenes. It\'s been over six years since I started.
I\'m 62 now.

MAN\'S VOICE: Happy birthday, by the way.

\*\*\*\*\*

MAN\'S VOICE: You run into Ron?

MAN\'S VOICE: Hey, in fact, on a week from Saturday, on May 11, Ron and
I are signing autographs together at Dr. Love\'s Bookstore here in San
Diego, for a big party that they have here every year.

I got to tell you, Ron and I do the countdown. I did it the other day;
in fact, it was yesterday I did it. Where you have the girl count down
from 20 to one, we do the money shot right on zero. The last time Ronny
and I were \-- no, it wasn\'t the last time. But one other time Ronny
and I were both playing doctors treating a girl for slutitis.

MAN\'S VOICE: Oh, my God.

MAN\'S VOICE: And we did the money shot. And on zero, the last time,
though, Ronny was looking like he was putting the Ronny grip on himself.
And I looked on up, and I said man \-- he was in the bottom portion, and
I was on the head portion \-- and I said, I\'d better get out of the
way, or I\'m gonna get hit. And I moved my leg out of the way just in
time.

(Laughter.)

MAN\'S VOICE: I mean, we weren\'t exactly on zero that time, but we were
only a second or two off.

(Laughter.)

\*\*\*\*\*

MAN\'S VOICE: If she \[my ex-wife\] watches the movies, she doesn\'t
tell me she\'s watching the movies. And I don\'t care if she watches or
not. All I care about is who\'s the next girl.

In fact, I\'m sitting here right now going through the 302 emails I got
overnight. And there\'s one of them from a photographer that I worked
for yesterday doing a 19-year-old girl for an internet site.

MAN\'S VOICE: Right.

MAN\'S VOICE: And oh, is she gorgeous. And I\'m doing her Friday
afternoon, too.

MAN\'S VOICE: I\'m doing her Friday afternoon. For what movie will that
be?

MAN\'S VOICE: It\'s gonna be a Knee Pad Nymphos Number Four.

MAN\'S VOICE: Oh, okay. You\'ve been in all the Knee Pad Nymphos.

MAN\'S VOICE: You know, almost every major girl has been in the first
three. I even did a scene with Shana McCullough, porn legend superstar,
in a peep-show booth at a local dirty bookstore recently.

WOMAN\'S VOICE: Oh, Dave.

MAN\'S VOICE: You know, everybody\'s fantasy is being in one of those
places and have a porn girl walk in and do you? Well, that\'s what we
did.

WOMAN\'S VOICE: Is that everybody\'s fantasy?

MAN\'S VOICE: Well, it\'s a lot of guys\'. You know, it\'s like the guys
that are fantasizing about going into a massage parlor and having the
girl jump on him. And that\'s what yesterday\'s photo shoot was all
about.

MAN\'S VOICE: Now, what have you got coming up? I know you got to bang
that girl on Friday. Throughout this week, though, Monday, Tuesday,
Wednesday, Thursday.

MAN\'S VOICE: Wednesday I\'m doing something called, I don\'t know if I
can say this word. I guess I can. It\'s the 2002 Wildlife Productions
Anal Contest.

MAN\'S VOICE: Oh, yeah, you can say contest.

MAN\'S VOICE: Okay. So we\'ve got five girls. I play the judge. Ronny,
in fact, is the emcee, Ron Jeremy, for that thing.

MAN\'S VOICE: Uh-huh.

MAN\'S VOICE: Now, the last time we did one, we did one a couple years
ago, same thing. He was the emcee, I was the judge. He and I both end up
having sex with the trophy girl, and then one of the contestants yells
over, \"Daddy, come do me, Daddy, come do me.\" So I had to get Ronny
come on back and do the trophy girl, while I did one of the contestants.

MAN\'S VOICE: Now, what is anal contest?

MAN\'S VOICE: Well, it\'s just gonna be a movie, very anal-themed.

MAN\'S VOICE: Yeah, I\'m getting that.

MAN\'S VOICE: And the girls all picked a name out of a hat of one of the
guys, and then they get a half an hour to do a sex scene, while we
judges, including Cindy Cox, she\'s one of the judges, she and I play
around there at the judges\' table a little bit, we watch the scene. And
then we vote, and afterwards the winners win \$1500 in addition to their
normal \$1,000 fee for doing it.

MAN\'S VOICE: Well, \$1500 extra to have a guy pound you in the wazoo. I
can\'t see how you can turn that down.

MAN\'S VOICE: Hey, listen, I gotta tell you, I\'m putting the word out
that the judge can possibly be bribed, though when it comes to the
voting time he\'s gonna be objective. But it might not be a bad idea to
be in good with the judge.

MAN\'S VOICE: Now, what is the voting criteria at an anal contest like
that?

MAN\'S VOICE: Enthusiasm, the different positions \--

MAN\'S VOICE: Lack of screaming?

WOMAN\'S VOICE: Enthusiasm?

MAN\'S VOICE: Yeah, you know, but we want real stuff. We don\'t want the
fake stuff, we want reality.

MAN\'S VOICE: Well, see, if you did reality, you know what it would be?
It would be like this. \"You get out of my ass, please. Will you please
take that out of my ass?\"

MAN\'S VOICE: You\'d think we were at a farm with a bunch of pigs
squealing.

MAN\'S VOICE: Yeah, reality is the girl making a dolphin noise and
shooting off into the side of the room. Ah, wooh! If you try that again
you\'re a dead man.

**[Segment 3: May 2, 2002 at approximately 8:45 a.m.]{.underline}**

MAN\'S VOICE: Are you ready to bring on the star of the show? Johnny
Dare right now with a special Johnny Dare guest.

MAN\'S VOICE: Ron Jeremy. Now, Ron Jeremy is going to be on this phone
here, but we\'ve got a list of his credits.

MAN\'S VOICE: That\'s right, all the movies he\'s been in. The legend of
Ron Jeremy. Fugli, Fluffer, the Big-Boobed Bum Cake, Reindeer Games,
Rear-day Games, Slut Bums and Housewives, Detroit Rock City, Booty Duty
\-- can\'t say that one \-- Humpkin Pie, Back-Door Imports, Nasty-Pants,
Fillmore Butts Hawaiian, and Anal Adventure, Sergeant Pecker's Lonely
Heart Club\'s Gang Bang, okay, Snatchmasters, starring Arnold
Schwarzenegger \--

MAN\'S VOICE: (Schwarzenegger impression.)

MAN\'S VOICE: What a nice girl like you is doing in an anal movie,
what\'s a lesbian doing in my private movie, What\'s Up, Tiger Puddin,
Big Boobs in Buttsville, and many, many more. Like Luigi\'s Butt Party,
Tracy Lord\'s the E True Hollywood Story, Wad, the Life and Times of
John C. Holmes, Crackpot and Everything. And also Orgasmo, Meet Wally
Sparks, Anal Jeopardy, and many, many more, such as Bums Who Blow, Cream
of my Melons, Jiggly Queen \-- can\'t say that one, can\'t say that one
\-- Gin Game Oriental Love Bang, Anal Owl Adventures, and many more, all
fun for the kids.

MAN\'S VOICE: Ron Jeremy is here with us right now. Ron, welcome back to
the show, man. How are you?

WOMAN\'S VOICE: Hi, Ron, how are you?

RON JEREMY: Hi, you guys, it\'s great to be here.

\*\*\*\*\*

MAN\'S VOICE: That would be you. But Ron, you do have a giant penis.

RON JEREMY: Well, I don\'t know. It\'s trick photography.

\*\*\*\*\*

MAN\'S VOICE: Dude, you\'re the king, Ron. You\'re the king of all porn,
man.

RON JEREMY: Well, I try and do some things, you know.

MAN\'S VOICE: How many different movies you been in?

RON JEREMY: Porn? About 1,700.

MAN\'S VOICE: That\'s a lot of porn.

RON JEREMY: I\'ve had 1,701 women in my whole life. One girl actually
liked me.

MAN\'S VOICE: I think people actually like you, though, because you\'re
the hedgehog of love. You\'re kind of overweight, you\'re \--

RON JEREMY: Well, you know, I\'m kind of the average-looking guy, you
know.

MAN\'S VOICE: Yeah. And so guys, they don\'t mind seeing you in the
movies nailing the hot girls, cuz it makes it seem more possible that
we\'ll get \--

RON JEREMY: There you go, that\'s exactly correct.

MAN\'S VOICE: So I heard there\'s a school for people who want to be a
porno star. They go to like the classes or something like that.

RON JEREMY: Yeah, right. Yeah, I want to teach this class. Okay, guys,
one, two, and one, one, two, and hold. One, two, all the way in, one,
two, and hold. Yeah, sure. We\'ll do our exercises.

MAN\'S VOICE: Make it look like a glazed doughnut.

RON JEREMY: Yeah, push-ups, pull-ups, and throw-ups.

(Laughter.)

MAN\'S VOICE: So what do you think about these international porno
stars? Like Rocko Freaks, what is his name? Rocko \--

RON JEREMY: He\'s a good guy. Rocko Vicente. I hung out with him. He
took me to his home and his family. He\'s a good guy, actually.

MAN\'S VOICE: He has a family?

RON JEREMY: He\'s tough. I mean, you know, certain scenes, like he does
the max hardcore or extreme, they\'re strong. There\'s an audience for
them, and some girls actually like that, you know?

MAN\'S VOICE: I guess I haven\'t seen this stuff. What do you mean it\'s
strong, Ron?

RON JEREMY: Well, you know, slapping, choking, you know. Wrestling, that
kind of stuff. Rocko\'s rough, that\'s all, rough.

MAN\'S VOICE: What he does, he takes a girl\'s nose and he pinches it,
and then he puts his (whistles) right in there.

RON JEREMY: The thing is, though, in Europe the films are much stronger
than they are here in America. They really are.

MAN\'S VOICE: Why is he holding her nose?

MAN\'S VOICE: I don\'t know, because he wants her to regurgitate on his
quacky.

(Laughter.)

\*\*\*\*\*

MAN\'S VOICE: Totally. I mean, it\'s like, you know, sometimes there are
other things. Is that his real pecker, or is it hollow, like an Easter
bunny? That is wild stuff.

MAN\'S VOICE: Well, the fact that he\'s world-renowned, Ron Jeremy, for
being able to self-fellate, to do the full Ronty.

RON JEREMY: Listen, I make sure that when I do that I wear a rubber,
because I don\'t know where he\'s been.

MAN\'S VOICE: Can you still do that?

RON JEREMY: Well, since I got a little chunky, I can only kiss the tip
at this point.

\*\*\*\*\*

RON JEREMY: You know, Eddy Murphy did a routine about that.

MAN\'S VOICE: Did he really?

RON JEREMY: Yeah. Actually it was in my documentary, but then we
couldn\'t get the rights, because he\'s very tough about that, you know.

MAN\'S VOICE: What was his routine about?

RON JEREMY: He actually mentions me. It was in front of the Meadowlands,
18,000 people. Mike Tyson was there, Brooke Shields. He goes, \"You
know, I was watching a video that Ron Jeremy made. He could do,\" you
know, blah-blah-blah, he tells the whole story. He goes, \"If I could do
that, I\'d never leave the house.\" It was a funny routine, you know.

MAN\'S VOICE: That does sound just like Eddy Murphy.

RON JEREMY: A little bit.

MAN\'S VOICE: So you\'re gonna be coming in with Anna Mall. Now, she\'s
a porn star. She\'s done a bunch of porn movies?

RON JEREMY: Yeah, she\'s a hot one.

MAN\'S VOICE: Have you nailed her?

RON JEREMY: She gives like really powerhouse scenes. She\'s known for
that.

MAN\'S VOICE: Have you done her?

RON JEREMY: A couple times, I think, yeah.

MAN\'S VOICE: Now, all the above? I mean, three-input girl?

RON JEREMY: I don\'t know if I did that. I think she does, but I\'m not
sure if I did it with her, though.

MAN\'S VOICE: Now, when you hook up with her, because I always wondered
about porno stars.

MAN\'S VOICE: He\'s not sure, he can\'t remember.

MAN\'S VOICE: They\'ll be just like, you know, hey, what are you doing,
Anna? You want to go eat some food afterwards? You can blow me and
we\'ll go over there and just \-- I mean, is it that pretty casual when
it\'s all just porn stars sitting around?

RON JEREMY: Sometimes it really is, yeah. I mean, the sets are very
friendly. There\'s a lot of food, people just hanging out. There might
be some couple going at it in the back. It\'s very strange, but fun, you
know.

MAN\'S VOICE: Does sex just break out, besides the stuff on camera, on
porn?

RON JEREMY: Once in a rare while that could happen. Like you know, it
could happen a lot like say in an orgy scene, where you have a lot of
guys and a lot of girls at the same time just hanging out. Only they\'re
waiting and waiting for this scene, and they get bored. And they go, oh,
just come over here. And since that\'s happening, it\'s kind of funny
sometimes.

\*\*\*\*\*

MAN\'S VOICE: Oh, yeah, I saw the one with the big, old chick, man. She
must have weighed like 500 pounds. One of them looked like Aaron
Neville\'s mole on her.

RON JEREMY: If a guy is doing a girl that\'s that big it\'s, anywhere
you go, it goes in.

MAN\'S VOICE: Oh, yeah. And the thing is \--

MAN\'S VOICE: I have that movie at home. You had sex with the fattest
girl I\'ve ever seen, so fat it\'s beyond \--

RON JEREMY: It was called Fatliners. It\'s about life after death after
lunch.

MAN\'S VOICE: And you couldn\'t tell?

MAN\'S VOICE: Yeah, her puddin looked like a catcher\'s mitt, dude.

RON JEREMY: All I can say is, guys, I think I had sex with a fold for
half an hour.

MAN\'S VOICE: No, I\'m not kidding \--

RON JEREMY: I don\'t think I ever got to the genitalia.

MAN\'S VOICE: I\'m not kidding, how much did that girl weigh?

RON JEREMY: Oh, gosh, maybe about three or four hundred.

MAN\'S VOICE: Oh, I think it had to be every bit of 500.

RON JEREMY: She did the Michelin woman, didn\'t she?

MAN\'S VOICE: It was ridiculous. You know in porn movies? In porn movies
there\'s a close-up, you can see everything. You couldn\'t tell where it
was going.

MAN\'S VOICE: He said he was in a fold for half an hour.

MAN\'S VOICE: He could have been.

RON JEREMY: Yeah, I don\'t think I ever got to the genitals.

MAN\'S VOICE: There was no way that his penis, even the size of his
penis, there was no way it was long enough to get past the thighs. The
thighs were so tall, he couldn\'t get past them.

RON JEREMY: Well, guys, I was paid, you know.

**[Segment 4: May 3, 2002 at approximately 8:40 a.m.]{.underline}**

MAN\'S VOICE: In fact, we have the audio here. Dennis, I don\'t know if
you heard this or not. Listen to this, you guys. We\'re gonna play it
down the line.

Now, you had something you wanted to offer up to T-Bone?

WOMAN\'S VOICE: Yes, T-Bone. You know, my little pocket rocket here is
getting real lonely, and I need some help with something.

WOMAN\'S VOICE: Oh, no.

MAN\'S VOICE: Oh, man.

MAN\'S VOICE: What is it you need help with? What are you asking?

WOMAN\'S VOICE: (Laughs.) You got to put it right there.

MAN\'S VOICE: Dude, your wife will off you. You\'ll be divorced. Look
at, she\'s holding it.

MAN\'S VOICE: Oh, God.

MAN\'S VOICE: Sunset apparently really wants you to do it now.

WOMAN\'S VOICE: Here she comes.

MAN\'S VOICE: Oh, she\'s coming over to T-Bone. Hold on, T-Bone, what do
you want to do here, man? This is his life\'s dream, because he\'s all
into Sunset. She\'s already started without you there, T.

WOMAN\'S VOICE: You\'re taking too long.

MAN\'S VOICE: What are you gonna do, man? You got to decide right now.
Your wife, you know she\'s listening. Sunset Thomas, you\'re absolute
biggest porn star that you ever \-- good God almighty, I can\'t even
look over there right now.

But here\'s the deal. She wants to reach the big O apparently.

WOMAN\'S VOICE: Right, right.

MAN\'S VOICE: And you would have to actually do the deed.

MAN\'S VOICE: With a pocket rocket.

MAN\'S VOICE: I personally would say you\'re looking at the big D. Is
this cheating, Murphy, to you?

WOMAN\'S VOICE: I don\'t think it\'s quite cheating. It\'s not real
good, but it\'s \--

MAN\'S VOICE: Using a marital aid on another woman is not cheating?

WOMAN\'S VOICE: But he\'s not touching me, he\'s touching the toy.

WOMAN\'S VOICE: Right.

(Applause.)

WOMAN\'S VOICE: Okay, we just justified that.

MAN\'S VOICE: There\'s logic there. And he is wearing all his clothes,
and no \--

WOMAN\'S VOICE: And he hasn\'t touched me at all.

WOMAN\'S VOICE: Oh, yeah, there\'s nothing intimate going on.

MAN\'S VOICE: Yeah, if you don\'t want to call that intimate. But his
clothes did not come off; therefore, another point towards the
non-cheating line.

WOMAN\'S VOICE: Right.

MAN\'S VOICE: You know, none of his clothes are coming off, and he\'s
only touching the actual vibrator, the toy.

WOMAN\'S VOICE: Yeah, the toy, right.

MAN\'S VOICE: And so he\'s not actually touching her.

WOMAN\'S VOICE: No.

MAN\'S VOICE: So how could he be cheating?

MAN\'S VOICE: Ooh, and it\'s educational, too, cuz I\'m doing a service
to the listeners showing if the pocket rocket works or not.

\*\*\*\*\*

MAN\'S VOICE: Are you? You\'re gonna go for it? You\'re gonna have to
instruct him while he\'s doing it, because he may not know how.

WOMAN\'S VOICE: Okay. Well, you got to turn it on.

MAN\'S VOICE: Okay. Let\'s see, open \-- on. There\'s the on button. All
right.

MAN\'S VOICE: Just follow her instructions.

MAN\'S VOICE: Okay.

WOMAN\'S VOICE: Now I\'ll pull it apart for you.

MAN\'S VOICE: Oh, my God.

(Laughter.)

MAN\'S VOICE: Now, what\'s that say?

WOMAN\'S VOICE: Now you see that (blanked out)?

(Yells.)

MAN\'S VOICE: Easy.

WOMAN\'S VOICE: Go to like right there. Right on the heel, the heel.

WOMAN\'S VOICE: Yours has a heel?

MAN\'S VOICE: It\'s a foot long, yeah.

WOMAN\'S VOICE: Now, push down.

MAN\'S VOICE: Push it, like that there?

MAN\'S VOICE: Oh, my God.

WOMAN\'S VOICE: Yeah.

MAN\'S VOICE: Oh, oh, ooh. My fingers, I feel so tingly.

WOMAN\'S VOICE: Your fingers feel tingly? Oh, perfect.

MAN\'S VOICE: Like that there? Oh, yeah. Like that there?

MAN\'S VOICE: Oh, my God.

MAN\'S VOICE: Oh, yeah.

WOMAN\'S VOICE: Don\'t talk.

MAN\'S VOICE: He is gaining confidence as he goes along.

MAN\'S VOICE: Take the vibrator.

WOMAN\'S VOICE: (Moaning.)

WOMAN\'S VOICE: Please.

WOMAN\'S VOICE: (Moaning.)

MAN\'S VOICE: Why do I know I\'m getting fired today? Why do I just
know?

WOMAN\'S VOICE: (Panting, moaning.)

MAN\'S VOICE: Are you done?

WOMAN\'S VOICE: No, she\'s at that point where, stop it, stop it, stop
it, stop it, stop it.

MAN\'S VOICE: Are you there yet?

(Laughter.)

MAN\'S VOICE: Sunset, did you yet?

WOMAN\'S VOICE: (Inaudible.)

ALL: Ooh!

MAN\'S VOICE: Mm-hmm, now you know who\'s upset, Sunset.

MAN\'S VOICE: You guys are great. That\'s

so \-- you know, you got her started, and listen, listen. Quiet, just
quiet for a second.

WOMAN\'S VOICE: (Moaning.)

MAN\'S VOICE: What\'s that?

MAN\'S VOICE: Don\'t stop, just go ahead.

MAN\'S VOICE: Yes, she\'s doing it. T-Bone, she\'s doing it.

WOMAN\'S VOICE: Oh, T-Bone. Oh.

MAN\'S VOICE: Is this guy married?

WOMAN\'S VOICE: Mmm, mmm, I want T-Bone here right now.

MAN\'S VOICE: She reached in the drawer and grabbed the heavy equipment,
with the three C-cell batteries.

MAN\'S VOICE: You know, T-Bone\'s really enjoying the sex. And if you
want to go ahead and finish, you go right ahead. We got time.

WOMAN\'S VOICE: Okay. (Moaning, panting.) I want someone to talk nasty
to me.

MAN\'S VOICE: T-Bone, she wants you to talk nasty to her.

WOMAN\'S VOICE: Tell me how bad you want it, baby.

MAN\'S VOICE: How bad do I want it? Oh, I don\'t know where to begin. So
what are you wearing right now? What have you got on?

WOMAN\'S VOICE: Nothing.

MAN\'S VOICE: Nothing?

WOMAN\'S VOICE: Mm-hmm.

MAN\'S VOICE: Okay, okay. Focus, focus, focus, focus.

MAN\'S VOICE: Oh, geez, you scared the hell out of me just then.

MAN\'S VOICE: Focus, focus. All right, talk nasty to you? Do you want me
to pull on your hair just a little bit?

WOMAN\'S VOICE: Oh, yeah, yank on my hair.

MAN\'S VOICE: Okay, I\'m pulling your hair. I got my hand on the back of
your head.

WOMAN\'S VOICE: Oh, spank my butt, too.

MAN\'S VOICE: Spank your butt? Like this?

WOMAN\'S VOICE: Yes.

MAN\'S VOICE: Do you want it harder?

WOMAN\'S VOICE: Yeah.

MAN\'S VOICE: Harder?

WOMAN\'S VOICE: Harder.

MAN\'S VOICE: Yeah!

WOMAN\'S VOICE: Oh, yeah.

MAN\'S VOICE: I\'m gonna leave big, old welts on your butt. Yeah,
you\'re gonna have my imprint all over your butt, and you\'re gonna know
T-Bone was there.

WOMAN\'S VOICE: Oh, yeah.

MAN\'S VOICE: Huh? Huh?

WOMAN\'S VOICE: Oh, yeah.

MAN\'S VOICE: Give it up, babe. Give it up.

WOMAN\'S VOICE: (Moaning.) Ooh, yeah.

MAN\'S VOICE: Oh, yeah. Oh, geez. Do you like it when I pinch on you?
I\'m giving you some pinches on the thigh.

MAN\'S VOICE: Hey, stop! What?

MAN\'S VOICE: She told me to talk dirty to her.

Attachment B

+--------------------------------+-------------------------------------+
| **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)                      |                                     |
+--------------------------------+-------------------------------------+
| Medical Implant Device         | 500 Employees or Fewer              |
| Manufacturers                  |                                     |
+--------------------------------+-------------------------------------+
| Hospitals                      | \$29 Million in Annual Receipts or  |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Nursing Homes                  | \$11.5 Million in Annual Receipts   |
|                                | or Less                             |
+--------------------------------+-------------------------------------+
| Hotels and Motels              | \$6 Million in Annual Receipts or   |
|                                | Less                                |
+--------------------------------+-------------------------------------+
| Tower Owners                   | (See Lessee's Type of Business)     |
+--------------------------------+-------------------------------------+

**STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS,**

**CONCURRING**

*Re: Entercom Kansas City License, LLC, Licensee of Station KQRC(FM),
Leavenworth, KS, and Entercom Wichita License, LLC, Licensee of Station
KFH(AM), Wichita, KS, Notice of Apparent Liability for Forfeiture*

I concur in the decision to find these broadcasts indecent in violation
of the statute. I disagree with the majority's conclusion that we are
precluded from issuing a fine for each indecent utterance within a
broadcast because we had not provided adequate notice. In this case, I
believe the Commission could have found multiple violations and assessed
a larger fine.

**SEPARATE STATEMENT OF**

**KEVIN J. MARTIN**

**APPROVING IN PART, CONCURRING IN PART**

*Re: Entercom Kansas City License, LLC, Licensee of Station KQRC(FM),
Leavenworth, KS, and Entercom Wichita License, LLC, Licensee of Station
KFH(AM), Wichita, KS, Notice of Apparent Liability for Forfeiture
(September 22, 2004)*

Consistent with my past statements, I believe we should be fining
broadcasters on a "per utterance" basis.[^63] In this instance, we could
have found several violations within the broadcasts at issue and
therefore could have assessed a larger fine.

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

[^2]: Both licensees are owned and controlled by Entercom Communications
    Corp.

[^3]: Letter from Maureen F. Del Duca, Chief, Investigations and
    Hearings Division, Enforcement Bureau, FCC to Entercom Kansas City
    License, LLC, licensee of Station KQRC-FM, Leavenworth, Kansas dated
    December 23, 2003.

[^4]: Letter to William Knowles-Kellett, Esq., Investigations and
    Hearings Division, Enforcement Bureau, from Brian M. Madden, Esq.,
    dated February 11, 2004 ("Response"), at 2.

[^5]: *Id*. at 8.

[^6]: *Id*. at 9.

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

[^8]: *Id*. at 7, n.3.

[^9]: *Id*. at 12-13.

[^10]: *See* 47 U.S.C. § 326.

[^11]: 18 U.S.C. § 1464.

[^12]: Public Telecommunications Act of 1992, Pub. L. No. 102-356, 106
    Stat. 949 (1992); *Action for Children's Television v. FCC,* 58 F.3d
    654 (D.C. Cir 1995), *cert. denied*, 516 U.S. 1043 (1996) ("*Act
    III*").

[^13]: U.S. [Const.]{.smallcaps}, amend. I; *Action for Children's
    Television v. FCC*, 852 F.2d 1332, 1344 (D.C. Cir. 1988) ("*ACT
    I*").

[^14]: 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 ACT I*, 852 F.2d at
    1339; *Action for Children's Television v. FCC,* 932 F.2d 1504, 1508
    (D.C. Cir. 1991)*, cert. denied,* 503 U.S. 914 (1992) ("*ACT II*");
    *ACT III*, 58 F.3d 654*.*

[^15]: *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 the people may say
    and hear."); *ACT I*, 852 F.2d at 1340, n.14 ("the potential
    chilling effect of the FCC's general definition of indecency will be
    tempered by the Commission's restrained enforcement policy

[^16]: *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)).

[^17]: *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).

[^18]: *See* ¶¶ 9-13 *infra.*

[^19]: Response at 10-11.

[^20]: *Indecency Policy Statement,* 16 FCC Rcd at 8002, ¶ 9 (emphasis
    in original).

[^21]: *Id.* at 8002-15, ¶¶ 8-23.

[^22]: *Id.* at 8003, ¶ 10.

[^23]: *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)).

[^24]: *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").

[^25]: Segment 1, *infra*, at 11.

[^26]: *Id.*

[^27]: *Id.*

[^28]: *Id.* at 13.

[^29]: *Id.* at 14-15.

[^30]: *See, e.g., Infinity Broadcasting Operations, Inc. (WNEW(FM))*,
    Notice of Apparent Liability for Forfeiture, 17 FCC Rcd 10665 (EB
    2002) ("Teen Guess What's in My Pants" segment, which involved
    on-air hosts listening to a caller rubbing a phone receiver over her
    pubic area while guessing her "hairstyle," found to be patently
    offensive).

[^31]: *Indecency Policy Statement*, 16 FCC Rcd at 8002-04, ¶¶ 9-12
    (2001).

[^32]: Segment 2, *infra*, at 16.

[^33]: *Id*. at 17.

[^34]: *Id*.

[^35]: *Id*.

[^36]: *Infinity Broadcasting Operations (WKRK-FM)*, Notice of Apparent
    Liability for Forfeiture, 19 FCC Rcd 5032 (2004); *State University
    of New York (WUSC-FM)*, 8 FCC Rcd 456 (1993), *forfeiture reduced*,
    13 FCC Rcd 23810 (1998) (forfeiture paid).

[^37]: Segment 3, *infra*, at 19.

[^38]: *Id*. at 18.

[^39]: *Id*. at 19.

[^40]: *Id*. at 20.

[^41]: *Id*.

[^42]: *Id*.

[^43]: *Id*.

[^44]: *Id*.

[^45]: Segment 4, *infra*, at 22.

[^46]: Response at 11.

[^47]: *Id*.

[^48]: *Id*. at 23.

[^49]: *See Indecency Policy Statement* at 8002, ¶ 8 and n. 15.

[^50]: *See WPBN/WTOM License Subsidiary, Inc. (WPBN-TV/WTOM-TV)**,
    ***Memorandum Opinion and Order, 15 FCC Rcd 1838, 1841 (2000).

[^51]: *See Act III*, 58 F.3d at 660-663.

[^52]: 521 U.S. 844 (1997).

[^53]: 122 S. Ct. 1389 (2002).

[^54]: *See, e.g., FCC v. Pacifica,* 438 U.S. 726; *ACT III,* 58 F.3d
    654; *ACT I*, 852 F.2d 1332.

[^55]: *See Infinity Broadcasting Operations, Inc.,* Forfeiture Order,
    18 FCC Rcd 26360, 26362 ¶ 5 and n. 8 (2003).

[^56]: *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).

[^57]: *Forfeiture Policy Statement*, 12 FCC Rcd at 17110.

[^58]: On September 27, 2002, the Commission released a Forfeiture Order
    in the amount of \$12,000 against Entercom Seattle License, LLC,
    licensee of Station KNDD(FM), Seattle, Washington, for broadcasting
    indecent material, in willful and repeated violation of 18 U.S.C. §
    1464 and 47 C.F.R. § 73.3999. *See Entercom Seattle License, LLC*,
    Forfeiture Order, 17 FCC Rcd 18347 (EB 2002), *review denied,*
    Memorandum Opinion and Order, 19 FCC Rcd 9069 (2004) (petition for
    reconsideration pending). Entercom and Entercom Seattle License,
    LLC, are both wholly owned subsidiaries of Entercom Communications
    Corp.

[^59]: *Forfeiture Policy Statement*, 12 FCC Rcd at 17110; 47 C.F.R. §
    1.80. The Commission amended its rules to increase the maximum
    penalties to account for inflation since the last adjustment of the
    penalty rates. The revised amounts apply to violations that occur or
    continue after November 13, 2000. *See Amendment of Section 1.80(b)
    of the Commission's Rules and Adjustment of Forfeiture Maxima to
    Reflect Inflation,* Order*,* 15 FCC Rcd 18221 (2000).

[^60]: *See Entercom Sacramento License, LLC (KRXQ-FM),* Notice of
    Apparent Liability for Forfeiture, 19 FCC Rcd 20129 (2004)
    (*response pending*); *Infinity Broadcasting Operations,
    Inc.(WKRK-FM)*, Forfeiture Order, 18 FCC Rcd 6915, 6919, ¶ 13
    (2003); *AMFM Radio Licenses LLC (WWDC-FM),* Notice of Apparent
    Liability for Forfeiture, 18 FCC Rcd 19917, ¶16 (2003) (forfeiture
    paid).

[^61]: 47 C.F.R. § 1.80.

[^62]: *See* 47 C.F.R. § 1.1914.

[^63]: *See, e.g.*, Separate Statement of Commissioner Martin, *Infinity
    Broadcasting Operations, Inc., Licensee of Station WKRK-FM, Detroit,
    Michigan*, Notice of Apparent Liability, 18 FCC Rcd. 6915, 6939
    (2003) (urging the Commission to fine violators "per utterance").