**Before the**

**Federal Communications Commission**

**Washington, D.C. 20554**

In the Matter of ) File No. EB-01-IH-0124, EB-01-IH-0319

) and EB-01-IH-0408

Emmis Radio License Corporation ) NAL/Acct. No. 200232080008

) FRN 0001-5293-46

Licensee of Station WKQX(FM), ) Facility ID \# 19525

Chicago, Illinois )

## 

## FORFEITURE ORDER

**Adopted:** October 31, 2002 **Released:** November 1, 2002

By the Chief, Enforcement Bureau:

## I. INTRODUCTION

1\. In this Forfeiture Order, we impose a forfeiture of \$21,000 on
Emmis Radio License Corporation ("Emmis"), licensee of Station WKQX(FM),
Chicago, Illinois, for willful and repeated violations of 18 U.S.C. §
1464 and 47 C.F.R. § 73.3999, which prohibit the broadcast of indecent
material at certain times of day. We take this action pursuant to 47
U.S.C. § 503(b)(1)(D) and 47 C.F.R. § 1.80(f)(4).

# 

# II. BACKGROUND

II. 

2\. The Commission received complaints that WKQX(FM) broadcast indecent
material on March 6, 2001, March 7, 2001 and May 17, 2001 between 8:00
a.m. and 9:00 a.m. during the "*Mancow's Morning Madhouse*" ("*Mancow*")
program. The complainant submitted a tape of each of the *Mancow*
programs containing the allegedly indecent material. After reviewing the
complainant's tapes, we issued letters of inquiry to Emmis that included
transcripts of the tapes submitted by the complainant. *See* Attachment.
In its response, Emmis stated that it could not verify the accuracy of
the transcripts because WKQX(FM) does not routinely archive tapes or
transcripts of its programming. However, Emmis argued that even assuming
the accuracy of the transcripts, the programming at issue is not
patently offensive as measured by contemporary community standards for
the broadcast medium, and thus is not actionably indecent.

3\. On March 21, 2002, the Bureau issued a Notice of Apparent Liability
("*NAL*"),[^1] which found that the material apparently violated the
Commission's indecency rule. We concluded that a monetary sanction in
the base forfeiture amount of \$7,000 appeared appropriate with respect
to each broadcast. Accordingly, the *NAL* proposed a forfeiture of
\$21,000.

4\. Emmis submitted a response challenging the *NAL*'s findings, which
we will address here.[^2] Emmis argues that the complained of material
does not satisfy the Commission's definition of broadcast indecency and
thus that the *NAL* should be rescinded and the proposed forfeiture
cancelled.

**III. DISCUSSION**

5\. It is a violation of federal law to broadcast obscene or indecent
programming. Specifically, 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." Congress
has given the Federal Communications Commission the responsibility for
administratively enforcing 18 U.S.C. § 1464. In doing so, the Commission
may, among other things, impose a monetary forfeiture, pursuant to
Section 503(b)(1) of the Communications Act of 1934, as amended (the
"Act"), 47 U.S.C. § 503(b)(1), for broadcast of indecent material in
violation of 18 U.S.C. § 1464. Federal courts have upheld Congress's
authority to regulate obscene speech and, to a limited extent, indecent
speech. Specifically, the U.S. Supreme Court has determined that obscene
speech is not entitled to First Amendment protection. Accordingly,
Congress may prohibit the broadcast of obscene speech at any time.[^3]
In contrast, federal courts have held that indecent speech is protected
by the First Amendment.[^4] Nonetheless, the federal courts consistently
have upheld Congress's authority to regulate the broadcast of indecent
speech, as well as the Commission's interpretation and implementation of
the statute.[^5] However, the First Amendment is a critical
constitutional limitation that demands we proceed cautiously and with
appropriate restraint.[^6] Consistent with a subsequent statute and case
law,[^7] under the Commission's rules, no radio or television licensee
shall broadcast obscene material at any time, or broadcast indecent
material during the period 6 a.m. through 10 p.m. *See* 47 C.F.R. §
73.3999.

6\. In enforcing its indecency rule, the Commission has defined indecent
speech as

language that first, in context, depicts or describes sexual or
excretory organs or activities. Second, the broadcast must be "patently
offensive as measured by contemporary community standards for the
broadcast medium." *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)). This definition has been specifically
upheld by the federal courts.[^8] The Commission's authority to restrict
the broadcast of indecent material extends to times when there is a
reasonable risk that children may be in the audience. *ACT I, supra*. As
noted above, current law holds that such times begin at 6 a.m. and
conclude at 10 p.m.[^9]

7\. The Commission's indecency enforcement is based on complaints from
the public. Once a complaint is before the Commission, we evaluate the
facts of the particular case and apply the standards developed through
Commission case law and upheld by the courts. *See Industry Guidance on
the Commission's Case Law Interpreting 18 U.S.C. § 1464 and Enforcement
Policies Regarding Broadcast Indecency*, 16 FCC Rcd 7999, 8015 ¶ 24
(2001)("*Indecency Policy Statement*"). "Given the sensitive nature of
these cases and the critical role of context in an indecency
determination, it is important that the Commission be afforded as full a
record as possible to evaluate allegations of indecent programming."
*Id*. In evaluating the record to determine whether the complained of
material is patently offensive, three factors are particularly relevant:
(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. *See* *Indecency Policy
Statement*, 16 FCC Rcd at 8003 ¶ 10.

8\. As discussed below, we reject Emmis's assertion that the broadcasts
on March 6, 2001, March 7, 2001 and May 17, 2001 were not patently
offensive, and thus do not meet the Commission's definition of indecent
material. We conclude that these broadcasts violated the Commission's
indecency rule.

9\. First, we disagree with Emmis's assertion that the sexual references
contained in the material broadcast on March 6 and March 7, 2001 rely
solely on innuendo and are not explicit or graphic. In any event, the
Commission has repeatedly held that "innuendo may be patently offensive
within the meaning of our indecency definition if it is understandable
and clearly capable of a specific sexual or excretory meaning, which in
context, is inescapable."[^10] The material broadcast on March 6, 2001
contains sexual innuendo, including references to oral sex, genitalia,
masturbation, ejaculation and excretory activities. Contrary to Emmis's
assertion, the sexual references broadcast on March 6, 2001 were not
fleeting.[^11] The material broadcast on March 7, 2001, which concerns
the effect of a sexual stimulant on a female cast member and the
reaction of others present to her sexual response has a sexual meaning
that is unmistakable. We also reject Emmis's argument that the material
broadcast on March 6, 2001 and March 7, 2001 does not appear to have
been presented to pander, titillate or shock. Moreover, the material
broadcast on March 6, 2001 and March 7, 2001 is similar to other
material that has been found to be patently offensive.[^12]

10\. Emmis also asserts that the May 17, 2001 broadcast contained
warnings about the content of the material, and that our *NAL* did not
discuss the relevance of these warnings. However, the *NAL* found that
"\[t\]he presence of the warnings, considering the overall context of
the \[May 17, 2001\] broadcast, is not a sufficient basis to conclude
that the sexual references are not patently offensive."[^13] In this
regard, Emmis also argues that the May 17, 2001 broadcast relies heavily
on innuendo and oblique references, and is not pandering, titillating or
shocking. We disagree. As we stated in the *NAL*, the material broadcast
on May 17, 2001, which includes numerous sexual references during a
discussion among women in the "*Mancow*" program's "lava lamp love
lounge," in context, has a sexual meaning that is unmistakable, and is
similar to other material found to have clearly understandable sexual
references and that has been found to be patently offensive.[^14]

11\. Section 503(b) of the Act and 47 C.F.R. § 1.80 both state that any
person who willfully or repeatedly fails to comply with the Act or the
Commission's rules shall be liable for a forfeiture penalty. For
purposes of 47 U.S.C. § 503(b), the term "willfully" means that the
violator knew that it was taking the action in question, irrespective of
any intent to violate the Commission's rules, while "repeatedly" means
more than once.[^15] In assessing a forfeiture, we take into account 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.
[^16]

12\. The Commission's *Forfeiture Guidelines* set a base forfeiture
amount of \$7,000 for transmission of indecent/obscene materials.[^17]
After considering all the facts and circumstances, we conclude that the
base forfeiture amount is the appropriate sanction for each of the
occasions on which WKQX(FM) broadcast indecent material.

**IV. ORDERING CLAUSES**

13\. Accordingly, IT IS ORDERED THAT, pursuant to 47 U.S.C. § 503(b),
and 47 C.F.R. §§ 0.111, 0.311 and 1.80, Emmis Radio License Corporation
FORFEIT to the United States the sum of twenty-one thousand dollars
(\$21,000) for willfully and repeatedly violating 18 U.S.C. § 1464 and
47 C.F.R. § 73.3999.

14\. Payment of the forfeiture may be made by mailing a check or similar
instrument, payable to the order of the Federal Communications
Commission, to the Forfeiture Collection Section, Finance Branch,
Federal Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482, within thirty (30) days of the release of this Forfeiture
Order. *See* 47 C.F.R. § 1.80(h). The payment MUST INCLUDE the FCC
Registration Number (FRN) referenced above, and also should note the
NAL/Acct. No. referenced above. If the forfeiture is not paid within
that time, the case may be referred to the Department of Justice for
collection pursuant to 47 U.S.C. § 504(a).

15\. IT IS FURTHER ORDERED THAT a copy of this FORFEITURE ORDER shall be
sent by Certified Mail Return Receipt Requested to J. Scott Enright,
Vice President, Associate General Counsel and Assistant Secretary, Emmis
Radio License Corporation, 40 Monument Circle, Indianapolis, Indiana
46204 and to Emmis's counsel, Eve J. Klindera, Esq., Wiley Rein &
Fielding LLP, 1776 K Street, N.W., Washington, D.C. 20006.

FEDERAL COMMUNICATIONS COMMISSION

David H. Solomon

Chief, Enforcement Bureau

**[ATTACHMENT]{.underline}**

EB-01-IH-0319

Radio Station: WKQX(FM), Chicago, Illinois

Date/Time Broadcast: March 6, 2001, between 8:05 a.m and 8:25 a.m.

Material Broadcast: Mancow's Morning Madhouse

The Yelling Guy (Y)

Y: Hey this is Anger Anderson, the yelling guy and I want to talk about
how my spunk-a-thons are always killed by manly mugs. When I flog my
beef stick while watching some pink in a porno, I don't wanna see some
guy's face, seriously people am I right? Guys in pornos are butt ugly,
and right when I'm ready to shoot airborne like number 23 in his heyday,
I gotta see some porno dude's face. God, the guys in pornos look like
they want to kill these broads. Their faces are so contorted they look
like they just smelled a fart, you know the kind of fart right after
you've eaten chimichangas, and right before you take a big sh-(beep to
cover the word "shit"). Focus on the girl, I don't want to see shaved
porno guy luggage either. Show me the pink and all the porno guys are
just dripping sweat. Hell, I don't like to work that hard when I
box-bang. Oh, also I don't like those endless shots of girls smoking
pole. It makes me feel like a homo, get to the sex and keep the camera
on the pink, Spielberg.

\*\*\* \*\*\* \*\*\*

EB-01-IH-0124

Radio Station: WKQX(FM), Chicago, Illinois

Date/Time Broadcast: March 7, 2001, between 8:00 a.m and 8:46 a.m.

Material Broadcast: Mancow's Morning Madhouse

M: Mancow

FV1: Female Guest

FV2: Female Cast Member

MV1: First Male Cast Member

MV2: Second Male Cast Member

\*\*\* \*\*\* \*\*\*

M: Alright listen. Yeah, that's right. Yeah. I see his point. Let's go
to Laurie. Laurie, Hello.

FV1: How are you?

M: Hi Laurie. Is this stuff legal?

FV1: Yes it is.

M: Okay. Here's what I want you to do.

FV1: Yeah.

M: Not you, Laurie. Prison Bitch (First Male Cast Member) I want you to
go over there and I want you just to rub, rub her bottom.

MV1 : Alright.

FV2: Oh no, oh my gosh.

MV2: How does he get the good jobs here?

M: Is it okay? Does he have permission to rub your bottom?

FV2: Yeah. I suppose he has permission. Woah.

MV2: All those months of smelling your finger it's finally paid off for
you.

MV1: Which hand?

M: Okay. Use both hands. Just stand behind her and just kind of rub her
a little. How many of these bottles have you had?

FV2: I've had two. Woah. Oh my gosh.

M: Is it like ecstasy? Have you done "ex" before?

FV2: Mancow, I've never done ex before but...

M: Now be serious.

FV2: I'm feeling this constant rush.

M: Okay.

FV2: Honestly.

M: Well, is it possible that it is just packed with caffeine? What are
you doing? Rub her ass.

MV1: I'm rubbing.

\[Background laughter\]

FV2: He is rubbing.

MV2: He's doin' it. He is doin' it.

FV2: \[Laughing\]. Oh my gosh...

M: And you don't stop. By the way that's the greatest... Do you want me
to show you how to rub it?

MV2: He's rubbing her ass like it's his husband Robert in front of him.

MV1: Yeah.

M: Yeah they're in the prison cell, Prison Bitch. Yeah.

\[FV2 laughing\]

FV2: No, but seriously this really works. I'm feeling Duncan Hines right
now.

M: Now wait, you're feeling wet and gooey?

FV2: Yes.

M: Is it possible...

FV2: Yeah.

M: Is it possible that it's psychosomatic? Well let me tell you the
drink is called "Niagra." We've heard a lot about this and uh other
women have told me that it works. What are you doing?

FV2: \[laughing such that what she is saying is unintelligible\].

MV2: He's rubbing her butt.

M: Don't stop, don't stop dude.

FV2: Really I think that I have to go home and take care of this problem
right now.

M: Can he rub up front a little bit?

FV2: \[laughing\] I don't know about that.

M: Listen. Listen. Let me say something to you. Hey little girl...

MV2: That doesn't sound like a "no" to me.

M: You can see what she looks like at Mancow.com. Can I just say
something to you little girl?

FV2: Yeah Mancow.

M: Don't think it's the ugly big nosed dork behind you. Just imagine
it's me right there.

FV2: Okay. Why can't it be you?

M: Close your eyes.

FV2: Okay.

M: When was the last time that you had some action?

FV2: Um, actually last night, Mancow. Um my a boyfriend -I'm not very
sexually experienced you know- and my boyfriend, he wanted to get me up
to two fingers but I was kind of reluctant. And um he did it. And uh it
was incredible. But um I had some of this Niagra stuff and I was pretty
moist and um...

M: Okay. All right, all right. You must have just gotten out of the
shower. Your whole body was wet.

FV2: Right.

M: Seriously, do you really think it's real or is it psychosomatic?

FV2: No, Mancow.

M: How nice is that ass?

MV2: That's a nice ass.

MV1: Okay, wait a minute. Look, look...

\[Laughter\]

M: He's got a woody. He's got a woody. Prison Bitch has a woody. Prison
Bitch has a woody.

FV2: No he doesn't ...

MV1: I do too.

M: But how could you not ? How could you not? How could you not? How
could you not? How could you not?

MV2: But you're saying is this stuff for real. Look at Prison Bitch's
face. He looks like... He looks like that Gonzo from the muppets. Look
at that nose on him. There's no way that you could get turned on by him
normally.

FV2: Seriously, I think that this stuff really does work.

M: Laurie, Laurie is the creator of a of Niagra.

MV2: He's slapping her ass. He's spanking her.

M: Don't slap it, rub it nice.

FV2: He's getting violent.

M: Laurie, Laurie, talk to me about this stuff.

FV1: Yes. This is a herb drink that comes from Sweden and it's got the
main ingredient that is a sexual stimulant for the women is the domiana
amate.

M: Those were uh two people that were on "Survivor" several years ago.

FV1: Exactly. \[Laughs\].

M: And uh, talk to me about this. Okay. So, so it really does work?

FV1. Yes it does work.

M: How can people get this stuff?

FV1: Okay. Right now we are the national distributors for the United
States, Canada...

M: Gotcha. How can they get it?

FV1: They can call our number at (501) xxx- xxxx.

M: How many uh drinks does it take before uh a stranger be willing to
open her legs for me?

FV1: Uh, one drink and within twenty minutes you'll feel it in your
body.

FV2: That's true. Right after twenty minutes...

MV2: She just raised her hand when you said that.

FV2: Exactly. Right after twenty minutes I was just feeling it.

FV1: Right.

FV2: I was feeling so excited and invigorated. It was amazing.

M: When you say excited are you talking about in a uh sexual way?

FV2: In a sexual way, Mancow. I mean, I felt it.

M: Well let me tell you something. I haven't had a sip of this stuff and
I am... I'm turned on right now. 'Cause you got, you got a hot little
body. She does have a great body.

MV2: I'm turned on just by seeing Prison Bitch with wood.

MV1: She's got a smokin' little can.

M: What? What?

MV1: Your can smokes.

FV2: Thanks, Prison Bitch. I appreciate that.

M: She's got a smokin' ass.

MV1: She's got a smokin' little can.

FV2: And he's still rubbing my butt.

M: Yeah. Keep rubbing it.

FV2: Get him to rub something else.

MV1: See these real hands. We're making real love

\[Music\]

Who are you?

My name is Kucky, Kucky Galore

My name is Kucky, Kucky Galore

M: Look at her giggling, leaning forward. Her face all flushed. Oh, I
want me some of that.

\[Music\]

Who are you?

My name is Kucky, Kucky Galore.

My name is Kucky, Kucky Galore.

\*\*\* \*\*\* \*\*\*

\[Back to the dialogue with FV2, who drank "Niagra."\]

M: So you did this drink?

FV2: Yes, Niagra.

M: They're saying it really does... And you are legit... It's not just
caffeine, you're horny.

FV2: Mancow, I swear on my life, this really turns me on.

M: Are you gonna... Are you gonna act like you did on that "Spring
Break" video when you went down, down, down with that girl...

\[Mancow plays the video. The audio portion of the video can be heard
from the studio.\]

\[There is the sound of water splashing.\]

Male voice on video: You better get in the water.

M: Here's a little video she didn't want us to find but the rest of
American's seen it. "Girls Gone Wild At Mardi Gras"

Second Male voice on video: It's my turn.

Male voice: We want it down lower, lower...

Female voice on video: Here? Here?

M \[over the audio portion of the video\]: Here's Freak's Niece...

Male voice: No, we want it down. We want it here, here...

Female voice: Ready?

Male voice: Go deep.

Female voice: Get your mouth down there. Here it comes.

Male voice: Lower...

M: I love little whores like her. Young stupid little whores...

Male Voice: Now go deep. \[Sound of cheering in the audio portion of the
video\]

M: There she is, her mouth is filled...

\*\*\* \*\*\* \*\*\*

EB-01-IH-0408

Radio Station: WKQX(FM), Chicago, Illinois

Date/Time Broadcast: May 17, 2001, between 8:03 a.m and 8:49 a.m.

Material Broadcast: Mancow's Morning Madhouse

Mancow - M

Doyle - D

Freak's Niece - F (a female member of the cast of *Mancow's Morning
Madhouse)*

Girls **-** G

M: Let's go to Doyle, Doyle hello.

D: Hey Mancow, how are ya?

M: Good man, what can I do for you?

D: Well, uh, every time I bang my fiancée, I realize that I can't
possibly get off unless I fantasize about ex-girlfriends or women I'd
like to be with, and I just want your advice. I just want to know if you
think this is innocent or if it's cheating. I mean you might want to
hear some of my fantasies, and you can judge for yourself if I've got a
problem here.

M: Okay, first of all, first of all, I want to tell everybody that this
is a show done by adults for adults, uh, banging girlfriends and all of
this. If we are going to have a serious conversation I'd like to make it
somewhat medical. Freak's Niece is gathered in the lava lamp love
lounge.

F: That's right Mancow.

M: We've got 35 girls, something like, sittin on beanbags.

F: Like 40 women just chilling on beanbags.

M: Doyle...

D: Okay, maybe I should rephrase it. Okay, when I'm reaming my bitch\...

\*\*\*Girls say collectively, Oh no.

M: No, no, that is not appropriate, and I want to apologize to our
listeners. Listen Freak's Niece....

\*\*\* \*\*\* \*\*\*

F: Janet Jackson's a size Queen, does size matter?

G: Yes....

F: I am so sick of hearing it doesn't, you know matter how...

G: The motion of the ocean.

F: Yeah, please, it doesn't matter how big it is, it matters how you use
it baby, please -- NO... no.

G: It does matter how big it is.

F: It does. What's the biggest you've ever?

G: Salami girth...

F: Italian salami?

G: Go girl!

G: A pro football player was huge.

F: How big was huge?

G: Um... a forearm.

F: Wow \-- lucky you.

G: My forearm, I have small forearms.

F: Still lucky you.

G: I was dating a guy who was on the crew team for Yale, and let's just
say an oar's width.

F: I think that girth is so very important because it just, you know...
well, it just really feels very good. And it's important, I think, you
know... just a nice size.

G: Subway submarine -- all protein and no fat grams.

F: Wait I have a question. I have a question though. Don't you think
that too big can be too big?

G: Yeah, it can be painful.

The straddle walk looking like a...

F: Yeah, that's not fun. That's not fun.

G: I don't think that size matters with back door sex though.

M: Okay, okay, alright. I'm going to shut it down here for a minute.
Listen, we uh absolutely have to keep it clean. We're on the radio and
again, if you're easily offended, please turn off the radio. We are
having a serious conversation, and uh, hopefully medical terms about
things of a sexual nature. Uh, certainly a relationship nature.

\*\*\* \*\*\* \*\*\*

F: Do any of you ladies do the two finger swirly?

G: Yeah, all the time.

I don't just use two fingers though.

I'm doing it now.

F: How often do you jill off?

G: Once a day at least. In the morning before I go to work.

F: Wow, good for you.

G: I'm maybe once a month.

I had three yesterday.

Before I go to bed for a good night's sleep

F: For a good night's sleep, yeah.

G: Couple times a day just depending on how busy my workload is

G: I think that it depends on if there is a guy in my life.

Or the lack of guy in my life.

G: Do you do it like in the office?

G: If there's a guy in my life, that really, and we're not like...it's
the preliminaries. And I'll go home.

G: Yeah. Definitely.

G: The warm up.

> It increases when you start dating somebody, and then it kind of
> decreases when you've been dating them for a while.

\*\*\* \*\*\* \*\*\*

F: What does stuff taste like? And you know what stuff I'm talking
about. The stuff...

G: It depends on what the man eats. Warm salt butter.

It's his nutrition it really is.

Protein\--

It's good for your hair.

F: It's good for your hair (laughs). Honey, will you condition my hair
tonight?

G: I recently had a guy who was surprising sweet. Like I had never
experienced it before. It was like sugar, like molasses.

F: Does he eat like a lot of oranges or...

G: He must be on some Vegan diet or...

Have you ever been with a guy who's eat'n like jalapeño peppers or
something like that -- really spicy, and you are like what, and it's
just not right?

F: No, it's just pungent. Have you ever had the pungent one?

G: Oh definitely...

M: \[Cuts off discussion\] Okay, again it's a little um-hum...

F: Ladies, keep it clean

\*\*\* \*\*\* \*\*\*

M: Alright, next question.

F: Alright. Guys like apparent panty lines. Guys like apparent panty
lines and camel toe. Do you know what camel toe is? It's when the big
front... uh.

M: \[Ahem, clears his throat\]

G: It's uncomfortable, it hurts, it's hard to sit.

If I was a guy, I wouldn't want to see panty lines

G: Yeah, panty lines are tacky.

\[unintelligible\] hanging out the side of them.

> You would think that they wouldn't want to see panty lines because you
> know that means that you aren't wearing any underwear. If you can't
> see 'em.

G: That's the whole reason behind thongs, so that you know, I mean,
thongs are sexy.

> Pants off.

G: When you take your pants off, and you have a thong on, you know that
turns them on.

> Totally, when you take your pants off right from behind and that thong
> going down.
>
> Personally, I like the panties that have a little stuff missing down
> there... I'm not sure if I can say that here.

G: Crotchless.

Yeah, yeah.

### **Camel Toe Song**

### \[Sound effects of rubber being squeezed and twisted\]

### Guy: Oh-my-God, look at the clam on that bitch.

Song: She's got a crack in the back and a crack in the front, it's
called camel toe/

Camel toe.

She's got a bulge like a man, but it's just her clam. Yeah it's camel
toe.

Camel toe.

She's so... damn tight.

\*\*\*Music continues under

[^1]: *Emmis Radio License Corporation*, Notice of Apparent Liability,
    17 FCC Rcd 5263 (EB 2002).

[^2]: Emmis repeats arguments made in response to the letters of inquiry
    with respect to the complained of broadcasts. Specifically, Emmis
    argues that the March 6, 2001 broadcast is less explicit than
    broadcasts in which no enforcement action was taken, citing the same
    decisions contained in its response to our letter of inquiry. In
    addition, Emmis repeats its arguments that the complaints at issue
    were initiated by a single individual or group and do not accurately
    reflect a national community standard for the broadcast medium.
    Because we believe that these arguments were adequately addressed in
    the *NAL*, we do not address them again here.

[^3]: *See Sable Communications of California, Inc. v. FCC*, 492 U.S.
    115 (1989); *Miller v. California*, 413 U.S. 15 (1973), *rehearing
    denied*, 414 U.S. 881 (1973).

[^4]: *Sable Communications of California, Inc. v. FCC, supra* note 3,
    492 U.S. at 126.

[^5]: *FCC v. Pacifica Foundation,* 438 U.S. 726 (1978). *See also
    Action for Children's Television v. FCC*, 852 F.2d 1332, 1339 (D.C.
    Cir. 1988) ("*ACT I*"); *Action for Children's Television v. FCC*,
    932 F.2d 1504, 1508 (D.C. Cir. 1991), *cert denied*, 112 S.Ct. 1282
    (1992) ("*ACT II*"); *Action for Children's Television v. FCC*, 58
    F.3d 654 (D.C. Cir. 1995), *cert denied*, 116 S.Ct. 701 (1996)
    ("*ACT III*").

[^6]: *ACT I*, *supra* note 5, 852 F.2d at 1344 ("Broadcast material
    that is indecent but not obscene is protected by the first
    amendment; the FCC may regulate such material only with due respect
    for the high value our Constitution places on freedom and choice in
    what people say and hear."). *See also United States v. Playboy
    Entertainment Group, Inc.*, 529 U.S. 803, 813-15 (2000).

[^7]: Public Telecommunications Act of 1992, Pub. L. No. 356, 102^nd^
    Cong., 2^nd^ Sess. (1992); *ACT III, supra* note 5*.*

[^8]: In *FCC v. Pacifica Foundation,* the Court quoted the Commission's
    definition of indecency with apparent approval. *FCC v. Pacifica
    Foundation*, *supra* note 5, 438 U.S. at 732. In addition, the D.C.
    Circuit Court of Appeals upheld the definition against
    constitutional challenges. *ACT I*, *supra* note 5, 852 F.2d at
    1339; *ACT II, supra* note 5, 932 F.2d at 1508; *ACT III, supra*
    note 5, 58 F.3d at 657.

[^9]: *ACT III,* *supra* note 5.

[^10]: *Citicasters Co. (KSJO(FM))*, 15 FCC Rcd 19091, 19092 (EB 2000),
    *citing San Francisco Century Broadcasting, L.P.*, 8 FCC Rcd 498
    (1993). *See also,GA-MEX Broadcasting, Inc. (WAZX(AM)/WAZX(FM)),* 17
    FCC Rcd 8143 (EB 2002)(forfeiture paid).

[^11]: *See, e.g., Three Eagles of Columbus, Inc. (KROR(FM)),* 15 FCC
    Rcd 13624, *forfeiture reduced* 15 FCC Rcd 18902 (EB
    2000)(forfeiture paid).

[^12]: *See, e.g.,GA-MEX Broadcasting, Inc., supra* note 10*,* 17 FCC
    Rcd 8143 (EB 2002)(forfeiture paid); *Telemundo of Puerto Rico
    License Corp. (WKAZ-TV)*, 16 FCC Rcd 7157 (EB 2001)(forfeiture
    paid); *Citicasters Co.(KEGL(FM))*, 16 FCC Rcd 7546 (EB
    2001)(forfeiture paid); *Communicast Consultants, Inc.(KRXR(AM)),*
    15 FCC Rcd 18730, *aff'd* 15 FCC Rcd 19697 (EB 2000)*; Citicasters
    Co.(WXTB(FM))*, 13 FCC Rcd 15381 (MMB 1998)(forfeiture paid).

[^13]: *Emmis Radio License Corporation*, *supra* note 1, 17 FCC Rcd at
    5267. Emmis includes a purported citation to ¶ 34 of the *Indecency
    Policy Statement*. To the extent that this citation is intended to
    suggest that we failed to completely address Emmis's argument
    concerning the presence of warnings, we note that the *Indecency
    Policy Statement* concludes at ¶ 31 and does not contain a paragraph
    numbered "34."

[^14]: *See, e.g., Citicasters Co.(KEGL(FM))*, *supra* note 12; *Three
    Eagles of Columbus, Inc., supra* note 11; *American Television and
    Radio Company, Inc.(WFBQ(FM)/WNDE(AM))*, 6 FCC Rcd 3692, 3693 (MMB
    1990); *Infinity Broadcasting Corporation of Pennsylvania
    (WYSP(FM))*, 3 FCC Rcd 930, 932 (1987).

[^15]: *See* *Southern California Broadcasting Co.*, 6 FCC Rcd 4387
    (1991).

[^16]: 47 U.S.C. § 503(b)(2)(D). *See also* *The Commission's Forfeiture
    Policy Statement and Amendment of Section 1.80 of the Rules to
    Incorporate the Forfeiture Guidelines*, 12 FCC Rcd 17087, 17100-01
    (1997), *recon. denied*, 15 FCC Rcd 303 (1999) ("*Forfeiture
    Guidelines*").

[^17]: 47 U.S.C. § 503(b)(2)(D). *See also* *Forfeiture Guidelines*,
    *supra* note 15, 12 FCC Rcd at 17113.