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     DA 96-1858
                FEDERAL COMMUNICATIONS COMMISSION
                      WASHINGTON, D.C. 20554

                         November 7, 1996

                                               IN REPLY REFER TO:
     1800C1-JEE
     96020256
     
                           
     
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
                                                  
Waterman Broadcasting Corp. of Texas
Licensee, KTFM(FM), San Antonio, TX
13 Montclair Drive
Worcester, MA  01609

Dear Licensee:

This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE pursuant to
Section 503(b) of the Communications Act of 1934, as amended, under authority delegated
to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules.

The Commission has received information indicating that Radio Station KTFM(FM), San
Antonio, TX, may have violated 18 U.S.C.  1464 by broadcasting allegedly indecent material
on January 26, 1996, when it aired an unedited recording of the song "Erotic City" by
Prince at approximately 5:20 p.m.  A transcript of the allegedly indecent broadcast, taken
from a prior Commission decision involving this particular material, is attached. 

Pursuant to 47 U.S.C.  312(a)(6) and 503(b)(1)(D), the Commission has statutory authority
to take appropriate administrative action when licensees broadcast material in violation of
18 U.S.C.  1464, which provides criminal penalties for anyone who "utters any obscene,
indecent or profane language by means of radio communication."  

The Commission has defined indecency as language or material that, in context, depicts or
describes, in terms patently offensive as measured by contemporary community standards
for the broadcast medium, sexual or excretory activities or organs.  See Infinity
Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987).  The United States Court
of Appeals for the District of Columbia Circuit has upheld the Commission's authority to
restrict the broadcast of indecent material at times when there is a reasonable risk that
children may be in the audience.  Action for Children's Television v. FCC, 852 F.2d 1332 (D.C.
Cir. 1988).  The court subsequently concluded that a 10:00 p.m. to 6:00 a.m. "safe harbor"
was justified as a properly tailored means of vindicating the government's compelling
interest in the welfare of children.  Action for Children's Television v. FCC, 58 F.3d 654 (D.C.
Cir. 1995), cert. denied, 116 S. Ct. 701 (1996).

We note that the subject lyrics have previously been determined to be indecent in that they
contain language that describes sexual and excretory activities or organs in patently
offensive terms.  Because you aired the material at times when there was a reasonable risk
that children may have been in the audience, it is legally actionable.  Thus, it appears that
on January 26, 1996, Station KTFM(FM) violated 18 U.S.C.  1464 by airing indecent
programming.  

Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended,
Waterman Broadcasting Corp. of Texas, is hereby advised of its apparent liability for a
forfeiture of Seven Thousand Five Hundred Dollars ($7,500), for its apparent violation of 18
U.S.C.  1464 on January 26, 1996.  Because these lyrics have previously been determined
by the Commission to be indecent, we assess a higher degree of culpability to your
subsequent broadcast of this material.  The amount specified was determined after
consideration of the factors set forth in Section 503(b)(2) of the Act, including "the nature,
circumstances, extent, and gravity of the violation."

In regard to this forfeiture proceeding, you are afforded a period of thirty (30) days from
the date of this letter "to show, in writing, why a forfeiture penalty should not be imposed
or should be reduced, or to pay the forfeiture.  Any showing as to why the forfeiture should
not be imposed or should be reduced shall include a detailed factual statement and such
documentation and affidavits as may be pertinent."  47 C.F.R.  1.80(f)(3).  Other relevant
provisions of Section 1.80 of the Commission's Rules are summarized in the attachment to
this letter.

                              FEDERAL COMMUNICATIONS COMMISSION




      Roy J. Stewart
      Chief, Mass Media Bureau

AttachmentsRadio Station:       KTFM, San Antonio, TX
Date/Time Broadcast: January 26, 1996, at approximately 5:20 p.m.
Material broadcast:  "Erotic City" by Prince



MS:  Singer



MS:  All of my purple life I've been lookin' for a dame that would want to be my wife. 
     That was my intention babe.  If we cannot make babies, maybe we can make some
     time.  Fuck so pretty, you and me.  Erotic City come alive.  We can fuck until the
     dawn, makin' love til cherries gone.  Erotic City can't you see, fuck so pretty you
     and me.  Every time I comb my hair, thoughts of you get in my eyes.  You're a
     sinner, I don't care.  I just want your creamy thighs.  If we cannot make babies,
     maybe we can make some time.  Fuck so pretty, you and me.  Erotic City come
     alive.  We can fuck until the dawn, makin' love til cherries gone.  Erotic City can't
     you see, fuck so pretty you and me.  

     *************************************

MS:  All of my hangups are gone.  I wish you felt the same.  We can fuck until the dawn,
     until the dawn.  How I wish you were my dame.  How I wish you were my dame.  If
     we cannot make babies, maybe we can make some time.  Fuck so pretty, you and
     me.  Erotic City come alive.  We can fuck until the dawn, makin' love til cherries
     gone.  Erotic City can't you see, fuck so pretty you and me.  Wooooo Wooooo Wooooo
     Wooooo Wooooo Wooooo Wooooo Wooooo (Repeat).  Baby...you're so...creamy.
     If we cannot make babies, maybe we can make some time.  Fuck so pretty, you and
     me.  Erotic City come alive.  We can fuck until the dawn, makin' love til cherries
     gone.  Erotic City can't you see, fuck so pretty you and me.  If we cannot make
     babies, maybe we can make some time.  Fuck so pretty, you and me.  Erotic City
     come alive.  We can fuck until the dawn, makin' love til cherries gone.  Erotic City
     can't you see, fuck so pretty you and me.  Erotic City...Yeah.