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 Federal  Communications  Commission  DA  02-  1502 
 Before  the  Federal  Communications  Commission 
 Washington,  D.  C.  20554 

 In  the  Matter  of 

 Emmis  Radio  License  Corporation 
 Licensee  of  Station  WKQX(  FM),  Chicago,  Illinois 

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 File  No.  EB-  01-  IH-  0121  NAL/  Acct.  No.  200232080014 
 FRN  0001-  5293-  46  Facility  ID  #  19525 

 NOTICE  OF  APPARENT  LIABILITY  FOR  FORFEITURE 
 Adopted:  June  27,  2002  Released:  June  28,  2002 
 By  the  Chief,  Enforcement  Bureau: 
 I.  INTRODUCTION 
 1.  In  this  Notice  of  Apparent  Liability  for  Forfeiture  (  NAL),  we  find  that  Emmis  Radio  License  Corporation  (  Emmis),  licensee  of  Station  WKQX(  FM),  Chicago,  Illinois,  apparently  violated 

 18  U.  S.  C.    1464  and  47  C.  F.  R.    73.3999,  by  willfully  broadcasting  indecent  language.  Based  upon  our  review  of  the  facts  and  circumstances  in  this  case,  we  conclude  that  Emmis  is  apparently  liable  for  a 
 forfeiture  in  the  amount  of  seven  thousand  dollars  ($  7,000). 
 II.  BACKGROUND 
 2.  The  Commission  received  a  complaint  that  WKQX(  FM)  broadcast  indecent  material  on  March  12,  2001  between  8:  00  a.  m.  and  8:  10  a.  m.  during  the  Mancows  Morning  Madhouse 

 (  Mancow)  program.  1  The  complainant  submitted  a  tape  of  the  Mancow  program  containing  the  allegedly  indecent  material  broadcast.  After  reviewing  the  complainants  tape,  we  issued  a  letter  of 
 inquiry  to  the  licensee  that  included  a  transcript  of  the  tape  submitted  by  the  complainant.  See  Attachment. 

 3.  In  its  response,  Emmis  states  that  WKQX(  FM)  does  not  routinely  archive  tapes  or  transcripts  of  its  broadcasts  and  did  not  retain  tapes  or  transcripts  of  the  programming  aired  on  March  12,  2001. 
 Accordingly,  Emmis  states  that  it  cannot  verify  the  accuracy  of  the  transcript.  Nevertheless,  Emmis  argues  that  even  assuming  the  accuracy  of  the  transcript,  the  programming  at  issue  is  not  actionably 
 indecent. 

 1  The  complainant  also  referenced  an  excerpt  of  the  Mancow  program  from  the  March  12,  2001  broadcast 
 in  which  the  programs  host  offers  a  reward  for  the  killing  of  an  incarcerated  pedophile.  The  complainant  asks  the  Commission  to  determine  whether  the  hosts  remarks  warrant  criminal  charges.  Such  a  determination  is  outside 

 the  Commissions  regulatory  jurisdiction,  and  is  a  matter  for  local  law  enforcement  authorities. 
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 III.  DISCUSSION 
 4.  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  (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  Congresss  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.  2  In  contrast,  federal  courts  have  held  that 
 indecent  speech  is  protected  by  the  First  Amendment.  3  Nonetheless,  the  federal  courts  consistently  have  upheld  Congresss  authority  to  regulate  the  broadcast  of  indecent  speech,  as  well  as  the  Commissions 
 interpretation  and  implementation  of  the  statute.  4  However,  the  First  Amendment  is  a  critical  constitutional  limitation  that  demands  we  proceed  cautiously  and  with  appropriate  restraint.  5  Consistent 
 with  a  subsequent  statute  and  case  law,  6  under  the  Commissions  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. 
 5.  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),  affd  sub  nom.  FCC  v.  Pacifica  Foundation,  438  U.  S.  726  (1978)).  This  definition  has  been  specifically  upheld  by  the  federal  courts.  7  The  Commissions 

 2  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). 
 3  Sable  Communications  of  California,  Inc.  v.  FCC,  supra  note  2,  492  U.  S.  at  126. 

 4  FCC  v.  Pacifica  Foundation,  438  U.  S.  726  (1978).  See  also  Action  for  Childrens  Television  v.  FCC, 
 852  F.  2d  1332,  1339  (D.  C.  Cir.  1988)  (  ACT  I);  Action  for  Childrens  Television  v.  FCC,  932  F.  2d  1504,  1508  (D.  C.  Cir.  1991),  cert  denied,  112  S.  Ct.  1282  (1992)  (  ACT  II);  Action  for  Childrens  Television  v.  FCC,  58  F.  3d 

 654  (D.  C.  Cir.  1995),  cert  denied,  116  S.  Ct.  701  (1996)  (  ACT  III). 
 5  ACT  I,  supra  note  4,  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). 
 6  Public  Telecommunications  Act  of  1992,  Pub.  L.  No.  356,  102  nd  Cong.,  2  nd  Sess.  (1992);  ACT  III, 
 supra  note  4. 
 7  In  FCC  v.  Pacifica  Foundation,  the  Court  quoted  the  Commissions  definition  of  indecency  with 
 apparent  approval.  FCC  v.  Pacifica  Foundation,  supra  note  4,  438  U.  S.  at  732.  In  addition,  the  D.  C.  Circuit  Court  of  Appeals  upheld  the  definition  against  constitutional  challenges.  ACT  I,  supra  note  4,  852  F.  2d  at  1339; 

 ACT  II,  supra  note  4,  932  F.  2d  at  1508;  ACT  III,  supra  note  4,  58  F.  3d  at  657. 
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 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.  8 
 6.  The  Commissions  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  Commissions  Case  Law  Interpreting  18  U.  S.  C.    1464  and  Enforcement  Policies  Regarding  Broadcast 
 Indecency  (  Indecency  Policy  Statement),  16  FCC  Rcd  7999  at  8015,    24.  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,  supra,  16  FCC  Rcd  at  8003    10. 

 7.  The  complained  of  material,  in  context,  refers  to  sexual  and  excretory  organs  and  activities,  and  thus  warrants  scrutiny.  See  Attachment.  We  find  that  the  material,  in  context,  is  patently  offensive 
 when  considered  under  the  three  factors  set  out  in  the  Indecency  Policy  Statement. 
 8.  The  first  key  factor  concerns  whether  the  material  is  explicit  or  graphic.  The  lyrics  of  Smell  My  Finger  contain  explicit  and  graphic  sexual  references,  including  references  to  fellatio,  female 

 genitalia,  ejaculation  and  manual  stimulation  of  the  female  genitalia.  The  songs  sexual  import  is  lewd,  inescapable  and  understandable.  9  The  song,  in  context,  has  a  sexual  meaning  that  is  unmistakable  and  is 
 similar  to  other  material  found  to  have  clearly  understandable  sexual  references  and  to  meet  the  definition  of  broadcast  indecency.  10  Moreover,  under  the  second  key  factor,  we  find  that  the  sexual  references  in 
 Smell  My  Finger  are  repeated. 
 9.  Under  the  third  key  factor  of  the  Indecency  Policy  Statement,  the  material  broadcast  on  WKQX(  FM),  in  context,  appears  to  have  been  used  to  pander  to  and  titillate  the  audience  and  is  similar  to 

 other  material  that  has  been  found  to  be  patently  offensive.  11  In  this  regard,  we  reject  Emmiss  argument  that  this  material  is  not  patently  offensive  as  measured  by  contemporary  community  standards.  Emmis 
 contends  that  WKQX  has  been  airing  Mancows  Morning  Madhouse  since  July  of  1998,  and  had  received  no  inquiries  from  the  Commission  concerning  the  programs  content  until  late  last  year.  Emmis 
 also  asserts  that  the  complaints  about  the  Mancow  program,  including  the  complaint  at  issue  here,  were 
 8  ACT  III,  supra  note  4. 
 9  See  WQAM  License  Limited  Partnership,  15  FCC  Rcd  1475  (1999),  affd  15  FCC  Rcd  2518  (2000), 
 recon.  denied  15  FCC  Rcd  12549  (2000). 
 10  See,  e.  g.,  WQAM  License  Limited  Partnership,  supra  note  9  (sexual  references  in  the  song  Uterus 
 Guy);  KGB,  Inc.,  (KGB-  FM),  7  FCC  Rcd  3207  (1992),  forfeiture  reduced  13  FCC  Rcd  16396  (1998)(  Candy  Wrapper  song,  which  includes  lyrics  such  as  my  Butterfinger  went  up  her  tight  little  Kit  Kat).  See  also  Great 

 American  Television  and  Radio  Company,  Inc.  (WFBQ(  FM)/  WNDE(  AM)),  6  FCC  Rcd  3692,  3693  (MMB  1990);  WIOD,  Inc.  (WIOD(  AM)),  6  FCC  Rcd  3704  (MMB  1989). 

 11  See  note  10,  supra. 
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 initiated  by  a  single  individual  or  group  whose  standards  do  not  accurately  reflect  those  of  the  national  community  as  a  whole.  The  identity  of  the  complainant  and  whether  the  complainant  here  is  the  source  of 
 other  complaints  about  the  Mancow  program  is  not  material  to  our  determination  under  the  factors  set  out  in  the  Indecency  Policy  Statement.  The  purpose  of  using  contemporary  community  standards  is  to 
 ensure  that  material  is  not  judged  by  its  effect  on  a  particularly  sensitive  or  insensitive  person  or  group.  12  In  this  regard,  looking  to  a  national  community  standard  that  references  the  average  broadcast  listener,  we 
 find  that  the  material  broadcast  on  WKQX(  FM),  in  context,  is  patently  offensive.  13  Emmis  does  not  dispute  that  the  complained  of  material  was  broadcast  when  there  was  a  reasonable  risk  that  children  may 
 have  been  in  the  audience.  By  broadcasting  this  material,  WKQX(  FM)  apparently  violated  the  prohibitions  against  broadcast  indecency. 

 10.  Section  503(  b)  of  the  Act,  47  U.  S.  C.    503(  b),  and  section  1.80(  a)  of  the  Commissions  rules,  47  C.  F.  R    1.80,  both  state  that  any  person  who  willfully  or  repeatedly  fails  to  comply  with  the  provisions 
 of  the  Act  or  the  rules  shall  be  liable  for  a  forfeiture  penalty.  For  purposes  of  section  503(  b)  of  the  Act,  the  term  willful  means  that  the  violator  knew  it  was  taking  the  action  in  question,  irrespective  of  any 
 intent  to  violate  the  Commissions  rules.  14  Based  on  the  material  before  us,  it  appears  that  Emmis  willfully  violated  18  U.  S.  C.    1464  and  section  73.3999  of  the  Commissions  rules,  by  airing  indecent 
 programming  on  WKQX(  FM)  on  March  12,  2001. 
 11.  The  Commissions  Forfeiture  Policy  Statement  sets  a  base  forfeiture  amount  of  $7,000  for  transmission  of  indecent/  obscene  materials.  15  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.  16  After  reviewing  all  of  the  circumstances, 
 we  believe  a  $7,000  forfeiture  is  appropriate  in  this  case  for  the  apparent  broadcast  of  indecent  material. 
 IV.  ORDERING  CLAUSES 
 12.  ACCORDINGLY,  IT  IS  ORDERED,  pursuant  to  section  503(  b)  of  the  Communications  Act  of  1934,  as  amended,  and  Sections  0.111,  0.311,  and  1.80  of  the  Commissions  rules,  17  that  Emmis  Radio 

 License  Corporation  is  hereby  NOTIFIED  of  its  APPARENT  LIABILITY  FOR  FORFEITURE  in  the 

 12  Infinity  Broadcasting  Corporation  of  Pennsylvania  (WYSPFM)),  3  FCC  Rcd  930,  932 
 (1987)(  subsequent  history  omitted)  citing  Hamling  v.  United  States,  418  U.  S.  87,  107  (1974). 
 13  See,  e.  g.,  WQAM  License  Limited  Partnership  (WQAM(  AM)),  15  FCC  Rcd  2518,  2520 
 (2000)(  explaining  that  the  Commission  uses  its  expertise  to  apply  a  national  community  standard  that  references  the  average  broadcast  viewer  or  listener).  See  also,  Indecency  Policy  Statement,  16  FCC  Rcd  at  8002  note  15. 

 14  See  Southern  California  Broadcasting  Co.,  6  FCC  Rcd  4387  (1991). 
 15  The  Commissions  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). 

 16  Forfeiture  Policy  Statement,  12  FCC  Rcd  at  17110. 
 17  47  C.  F.  R.    0.111,  0.311  and  1.80. 
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 amount  of  seven  thousand  dollars  ($  7,000)  for  willfully  violating  18  U.  S.  C.    1464  and  section  73.3999  of  the  Commissions  rules. 
 13.  IT  IS  FURTHER  ORDERED,  pursuant  to  section  1.80  of  the  Commissions  rules,  that  within  thirty  days  of  the  release  of  this  Notice,  Emmis  SHALL  PAY  the  full  amount  of  the  proposed 
 forfeiture  or  SHALL  FILE  a  written  statement  seeking  reduction  or  cancellation  of  the  proposed  forfeiture. 

 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.  The  payment  MUST  INCLUDE  the  FCC  Registration  Number  (FRN)  referenced  above  and  also  should  note 
 the  NAL/  Acct.  No.  referenced  above. 
 15.  The  response,  if  any,  must  be  mailed  to  Charles  W.  Kelley,  Chief,  Investigations  and  Hearings  Division,  Enforcement  Bureau,  Federal  Communications  Commission,  445  12  th  Street,  S.  W, 

 Room  3-  B443,  Washington  DC  20554  and  MUST  INCLUDE  the  NAL/  Acct.  No.  referenced  above. 
 16.  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  respondents  current 
 financial  status.  Any  claim  of  inability  to  pay  must  specifically  identify  the  basis  for  the  claim  by  reference  to  the  financial  documentation  submitted. 

 17.  Requests  for  payment  of  the  full  amount  of  this  Notice  of  Apparent  Liability  under  an  installment  plan  should  be  sent  to:  Chief,  Revenue  and  Receivables  Operations  Group,  445  12th  Street, 
 S.  W.,  Washington,  D.  C.  20554.  18 
 18.  IT  IS  FURTHER  ORDERED  that  a  copy  of  this  Notice  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  Emmiss  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 

 18  See  47  C.  F.  R.    1.1914. 
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 ATTACHMENT 
 EB-  01-  IH-  0121 
 Radio  Station:  WKQX(  FM),  Chicago,  Illinois  Date/  Time  Broadcast:  March  12,  2001,  between  8:  05  a.  m  and  8:  10  a.  m. 
 Material  Broadcast:  Mancows  Morning  Madhouse 
 M:  Mancow 
 MV:  Male  Cast  Member 
 MV2:  Male  Cast  Member 
 MV3:  Male  Voice 
 MR:  Male  Rapper 
 MR2:  Second  Male  Rapper 
 MR3:  Third  Male  Rapper 
 FV:  Female  Cast  Member 

 MV3:  This  is  Kobey  Dick  and  were  from  Buffa  (?)  Roach. 
 MV2:  Youre  listening  to  Mancows  Morning  Madhouse  on  the  Free  Speech  Radio  Network. 
 MV3:  Piss  off.  Eat  a  bowl  of  fu  (bleep). 
 [Song:  Smell  My  Finger  ] 

 MR:  Ive  never  been  bashful,  shy,  sheepish  or  chivalrous  when  asking  a  lady  to  give  me  a  kiss.  So  when  she  lifted  up  her  skirt,  I  didnt  ask  what  is  this. 
 MR:  Her  box  had  some  cheese  so  I  nicknamed  her  Swiss.  And  so  like  Magellan  I  began  to  explore.  Like  Vasco  DeGama  I  cleared  the  cape  and  went  for  more.  Like  Columbus  I  got  lost  but  still 
 managed  to  score.  Like  Ponce  DeLeon  I  found  the  fountain  in  her  core.  [Unintelligible]  Like  Captain  Cook  I  unearthed  her  buried  treasure.  My  shot  was  on  target  like  Jesse  James  the  gun 
 slinger.  You  need  proof?  Make  like  Sherlock  Holmes  and  smell  my  finger. 
 Chorus:  Smell  my  finger.  Smell  my  finger.  Smell  my  finger. 
 MR:  Smell  my  finger.  Smell  that  stank  finger  yaall.  [female  making  moaning  sounds]. 
 MR2:  I  like  the  super  models  with  the  low  self-  esteem,  who  wear  the  tight  jeans  covering  up  the  g-strings.  Tall  lanky  chicks  who  grow  out  their  bangs.  They  only  eat  lettuce.  They  belong  to  the 
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 machine  gangs.  I  take  her  to  dinner,  I  buy  her  some  roses  and  then  I  part  her  legs  like  the  Red  Sea  cuz  I  am  Moses.  We  smoke  the  ganja.  We  drink  from  a  flask.  Oops,  I  left  her  a  gift  on  her 
 mud  mask.  Will  you  chill  with  super  model  dead  ringers?  Get  ready.  Folks  come  from  all  over  to  smell  your  fingers.  [female  making  moaning  noises] 

 Chorus:  Smell  my  finger.  Smell  my  finger.  Smell  my  finger. 
 MR3:  She  was  definitely  young  but  she  was  old  enough  to  know  what  God  had  given  her  a  tongue.  She  got  a  rock  hard  body  like  a  statue  from  Greece.  I  didnt  catch  her  name.  I  dont  [unintelligible] 
 when  I  can  reach.  She  lifted  up  her  skirt  when  she  found  I  was  a  rap  singer.  You  dont  believe  me  go  ahead  and  smell  the  finger. 

 Chorus:  Smell  my  finger.  Smell  my  finger.  Smell  my  finger. 
 MR3:  Smell,  baby.  Inhale. 
 Chorus:  Smell  my  finger.  Smell  my  finger.  Smell  my  finger. 
 MR3:  Check  the  smell,  baby.  Smell  my  fingers,  just  dont  smell  my  thumb.  Whats  that  underneath  my  fingernails? 
 [Song  fades] 
 FV:  I  dont  like  that  song  Mancow. 
 M:  Why? 
 FV:  Because  its  horrible,  please. 
 M:  Really?  [unintelligible  comment  by  Mancow]. 
 FV:  Yeah. 
 M:  Anyone  notice,  whoever  thinks  its  funny,  and  I  imagine  its  Turd.  Smell  my  finger  dont  smell  my  thumb.  I  like  that  lyric.  Thats  a  new  group  called  No  Time.  I  dont  know  if  its  in  stores 
 or  not 
 MV:  Yeah,  itll  be  gone  in  no  time 
 M:  Yeah,  there  you  go.  Ah,  No  Time 
 MV:  Should  have  smelled  [unintelligible]  leg. 
 M:  Oh,  with  your  wife? 
 FV:  Oh,  geeze  ***  ***  ***  *** 
7