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                Federal Communications Commission
                      Washington, D.C. 20554
                                                     In reply refer to:
                                                     1800C1-JEE/HLS
                                                     97060472
                                                     97070159
                                          Released:  August 10, 1998
       CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Citicasters Co.
Licensee, WXTB(FM), Clearwater, FL
50 East RiverCenter Boulevard
Suite 1200
Covington, KY  41011
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 WXTB(FM), Clearwater, FL, may
have violated 18 U.S.C.  1464 by broadcasting allegedly indecent material during  broadcasts of "Bubba, the
Love Sponge" on June 12 and 20, 1997, between 7 a.m. and 9 a.m.  Transcripts of the allegedly indecent
broadcasts, taken from tapes submitted by the complainants, are 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.  Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705, 2705
(1987) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), aff'd sub nom. FCC v. Pacifica Foundation, 438
U.S. 726 (1978)).  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 believe the subject excerpts are indecent in that they contain language that describes sexual and/or
excretory activities or organs in patently offensive terms.  Because the material aired 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
June 12 and 20, 1997, Station WXTB(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, Citicasters Co. is
hereby advised of its apparent liability for a forfeiture of Four Thousand Dollars ($4,000), for its apparent
willful and repeated violations of 18 U.S.C.  1464 on June 12 and 20, 1997.  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:       WXTB-FM, Clearwater, FL
Date/Time Broadcast: 6/12/97 between 7:15 a.m. and 8 a.m.
Material Broadcast:  Bubba, The Love Sponge
97060472
     MV:  Male Voice
     M2:  Second Male Voice
     M3:  Third Male Voice
     M4:  Fourth Male Voice
     FV:  Female Voice
     MC:  Male Caller
     FC:  Female Caller
     F2:  Second Female Caller
     MS:  Male Singer
MS2: Second Male Singer
*  *
     MV:  Hi, thank you for calling Dick Vital's hot sex line.
     M2:  Cause if I (Unintelligible).
     MV:  For Dick's most intimate fantasies press one.  (Phone tone).
     M3:  (Imitating Dick Vital)  Oh baby, it's me.  Big Dick Vital and you know what I like?  Oh yeah.  Did you
     know, I like balls?  Bouncing all around me, oh baby, that's when I go, final fore-play and then I like the
     big man to take it to the hole again and again and again.  Oh yeah, hey, don't hang on the rim big guy
     and don't diddle between your legs.  Baby, I'm not through with you.  Come on, let's see if you can palm
     these balls?  Oh yeah, let's, unbelievable.  Yes, you're all (Unintelligible).  Baby, okay, okay it's time to
     penetrate my lane.  Oh yes.  Yes, yes, baby.  Post up behind me, oh yeah.  Come on.  You know you
     want it, you know you need it, oh yeah, I'm hot.  I'm hot.  So hot the clock is running out.  Shoot, shoot,
     shoot, oh unbelievable.  It's a climax for the ages.  Oh, God that was good.  Yes, yes, yes.
*  *
     M2:  Cheerio, pip, pip and that all that other limey bull sh(Bleep).  I was counting from Crate Loafing(?)
     magazine here in San Francisco and I what to find out about the Billy doll.
     FV:  (English accent).  What would like to know?
     M2:  Well, I hear that he's got a penis and everything.
     FV:  Yes.
     M2:  Well, by the way what do you call a penis over there in England?
     FV:  Excuse me.
     M2:  You know like, you know slang terms, like in America we got schlong, dong, di(Bleep), dork, (Bleep),
     schanzt(?) rod, tool, one-eyed trouser trout, stuff like that.
     FV:  A telly-whacker.
     M2:  Telly-whacker, huh.  So how is that gay Billy doll doing?  Is he selling well?
     FV:  Quite well.
     M2:  What do you call queers in England?
     FV:  Hoofs.
     M2:  Excuse me?
     FV:  Hoofs.
     M2:  Hoofs?
     FV:  Yes.
     M2:  That's interesting.  You know I hear that Billy was modeled after Prince Charles, is that true?
     FV:  Ah, no.
     M2:  Does Chuck like the back door at Buckingham Palace, if you know what I mean?
     FV:  No.
     M2:  You know, I've been thinking, if you want to market that doll over in America you're going to have to
     come up with a catchier name than Billy.  You know Americans love catchy slogans and stuff like that.
     Just do it, be like my, you know G I Joe.  How about, about Billy Butt(Bleep)er.  Oh.  (Phone ringing).
     FV:  (English accent).  Good morning, Fordham(?) International.
     M2:  I'm sorry, we seem to have been disconnected.  How about Rectal Roy?  (Phone ringing).
     FV:  Fordham International, can I help you?
     M2:  Post smoking Perry.  (Phone ringing).
     FV:  Fordham International.
     M2:  Ass Humping Hank.  (Phone ringing).
FV:  Fordham International.
     M2:  Okay I got it, Sodomizing Sol.  (Phone ringing).
     FV:  Fordham International.
     M2:  What about Reach Around Ralph?  (Phone ringing).
     FV:  Fordham International, can I help you?
     M2:  Listen you bloody British bastard, I'm trying to help you now, listen up.  How about Deep Throat
     Donald?  Oh.  (Phone ringing).
     FV:  Fordham International.
     M2:  How about Fisting Phil?  (Phone ringing).
     FV:  Fordham International, can I help you?
     M2:  Anal Albert.  (Phone ringing).
FV:  Good morning, Fordham International.
     M2:  What about (Bleep) Jim.  (Phone ringing).
     FV:  Fordham International.
     M2:  (Bleep) Sucking Cow.  (Phone ringing).
     M3:  Strong enough for a man who would like to be a woman but made for a woman who used to be a man.
     M4:  What kind of sick degenerate are you?
     M3:  Bubba, the Love Sponge.
*  *
Radio Station:       WXTB-FM, Clearwater, FL
Date/Time Broadcast: June 20, 1997 at 8:20 a.m.
Material Broadcast:  Bubba, The Love Sponge
97070159
     MV:  Male Voice
     M2:  Second Male Voice
     M3:  Third Mail Voice
     MS:  Man Singing
     FV:  Female Voice
     MC:  Male Caller
     FC:  Female Caller
*  *
     MV:  Are you participating in No Panties Thursday?
     FC:  Yes, I am.
     MV:  Are you at the office?
     FC:  Yes, I am.
     MV:  What do you do for a living?
     FC:  I work at Lucent Technologies.
     MV:  What's that?
     FC:  It a computer communications company.
     MV:  Really?
     FC:  Mm mm.
     MV:  Are you married?
     FC:  I'm not, but I do have a boy friend.
     MV:  You ever cheat on him?
     FC:  Pardon?  No, I do not.
     MV:  Are you fine?
     FC:  Yes, I am.
     MV:  Could you take the phone and rub it on you Chia Pet?
     FC:  Oh, let me make sure nobody is around.  Okay, hang on a second.  (Rubbing noise).  Okay, I did it.
     MV:  You swear to God its true.
     FC:  I swear to God.
     MV"  Now that really your little beaver?
     FC:  That was mine.
     MV:  Your what?
     FC:  That was my little beaver.
     MV:  Oh I love when a girl says beaver.  Will you say it again for me honey please?
     FC:  It was my little beaver.
     MV:  Oh,
     FC:  (Laughs).
     MV:  Will you say, Bubba come get my beaver?  I, even though you don't mean it, will you say it?
     FC:  Bubba, would come get my little beaver?
     MV:  Oh.
     FC:  (Laughs).
     MV:  Guido, tell me that doesn't do something for you.
     M2:  That is pretty sexy.
     FC:  I'm going to try and go too, I haven't been to your Planet Bubba yet but I'm going to try and go this
     weekend.  I hear the food is just fantastic.
     MV:  Yeah, it is.
     M2:  And bring the beaver.
     FC:  It will be with me.
     MV:  We got beaver chow.
FC:  Oh, yum.
     MV:  The food is fantastic and on Friday it's lady's night part two.
     FC"  Of course.
     MV:  First 100 ladies get in free, get a free rose and a free drink.
     FC:  Cool.
     MV:  And on Saturday nobody over 30 pays cover and dollar marguerites.
     FC:  Well, I'm under 30, so.
     MV:  Okay, love you.  I can't wait, will you say it for me one more time?
     FC:  Say what?  My little beaver or Bubba come get my little beaver?
     MV:  Second part.
     M2:  (Laughs).
     FC:  (Laughs).
     MV:  The second part.
     FC:  Okay, Bubba come get my beaver.
     MV:  Will you say, Bubba come hit my beaver?  Will you say it?
     FC:  Bubba, come hit my beaver.
     MV:  Oh, God, Guido.  Seriously, even though you're the most tasteful(?) man in the world Guido.
M2:  That is pretty sexy, absolutely.
     MV:  Oh, my God, beaver.
*  *
     MV:  Hi, Ginny, how old are you?
     FC:  19.
     MV:  What can I do for you Ginny?
     FC:  I just wanted to call and tell you I'm participating.
     MV:  Oh Ginny, nothing is better than a little naive 19 year old, little freaky bitch that's got her panties off.
     FC:  (Laughs).  I'm not lying(?)
     MV:  Let me tell you something, that's a nice sight, mm.  Ginny.
     FC:  Yes.
     MV:  Are you a good girl or are you a bad girl Ginny?
     FC:  I'm a bad girl.
     MV:  You're a bad girl?
     FC:  Mm mm.
     MV:  Can you tell me what you mean by that, I mean like what dignifies the fact that you're a bad girl.  What
     have you done lately to justify the fact that you're a bad girl?
     FC:  Mm.
     MV:  Other than the fact that you not wearing any panties right now which I absolutely adore.
     FC:  (Laughs).
     MV:  I love, can I be honest with you?
     FC:  Yeah.
     MV:  I don't date good girls, I only date sluts.
     FC:  Oh, I'm one,.
     MV:  Are you a slut?
     FC:  Mm mm, I have a baby.
     MV:  You got a baby?
     FC:  Mm mm.
     MV:  When did you get knocked up?
     FC:  Last year.
     MV:  Are you still fat and ugly?  Have you lost all your weight?
     FC:  Yeah.
     MV:  Ginny, what do you look like?  Ginny, how tall?
     FC:  5 - 7.
     MV:  How much do you weight?
     FC:  130.
     MV:  Okay, so you're alright.
     FC:  Mm mm.
     MV:  How's the milks looking?  They come in nice?
     FC:  They're 38-B.
     MV:  Really?
     FC:  Yeah.
     MV:  You think I could take you off the air, maybe, you know, get your number?
     FC:  (Laughs).  Yeah.
     MV:  Well, we'll do that here in a minute, okay.
     FC:  Okay.
     MV:  Hey Ginny.
     FC:  Yeah.
     MV:  Now you promise you're participating?
     FC:  I promise.
     MV:  You little Cha-chia Pet?
     FC:  Uh huh, it's running wild.
     MV:  Mm do me a favor.
     FC:  Yeah.
     MV:  Take the phone and I want you to rub it on it hard.
     FC:  Okay.
     MV:  I want to hear the telephone, okay?
     FC:  Okay.
     MV:  Okay honey.
     FC:  (Rubbing noises).  You hear that?
     MV:  A little bit longer though please.  Okay?  I mean.
     FC:  (Laughs).
     MV:  I'm on the edge right now.
     FC:  Okay.
     MV:  A little bit faster.
     FC:  (Rubbing noises).  You get that?
     MV:  That's nice.
     FC:  (Laughs).
     MV:  Could you do it again and then scream my name out, please?  Like you're having an orgasm?
     FC:  (Laughs).  Yeah.
     MV:  Go ahead.
     FC:  Okay.  (Unintelligible).  (Rubbing noises).  Mm mm.
     MV:  That's it?  It's got to be longer than that Ginny, come on work with me.
     FC:  (Laughs).
     MV:  Be a naughty girl.  Be a little slutty bitch that you are.  Come on.
     FC:  (Laughs).
     MV:  One more time.
     FC:  Okay.  (Rubbing noises).  (Unintelligible).  How's that?
     MV:  Are you currently seeing the person that got you knocked up?  You ever see himn any more?
     FC:  Sometimes.
     MV:  Really?
     FC:  Yeah.
     MV:  Could it be possible to maybe I could get up in there too?
     FC:  Possibly.
     MV:  No, I, Bubba, the Love Sponge doesn't work on possibilities.
     FC:  (Laughs).
     MV:  You know, I can hit it or I can't.  Answer, yes or no.
     FC:  Yeah.
     MV:  Yes or no?
     FC:  Yes.
     MV:  Promise?
     FC:  Promise.
     MV:  I can hit it?
     FC:  Mm mm.
     MV:  Say it.
     FC:  You can hit it.
     M3:  Portions of this program contain  (Unintelligible).  Bubba, the Love Sponge on 98 rock.
*  *
     MV:  I just want to make sure it's opposite sex, she's over 18 and you can be part of the Mile High Club for
     Father's Day.  Tomorrow we're going to have a plane a mile above the capa(?) terrain as Cowhead
     reports live from a man getting some ass for Father's Day.  And the only radio station that got the balls
     to do something a little bit different.
     M2:  That's different.
     MV:  Also, some Bosch(?) power tools in the 9 o'clock hour and we'll do construction olympics again.
     M2:  Okay.
     MV:  I kind of like the construction olympics, did you know?
     M2:  Yes, they did.
     M3:  It's good.
     MV:  I like the guy with the nail gun, he was the best.
     M2:  Yeah.
     M3:  So far.
     MV:  (Sound of automatic nailing gun).  Bringing back some old       memories.
     M2:  Shooting some cats down there.  (Sound of cat screaming).
     M3:  I'm nailing pussy right now.  (Sound of cat screaming).
     MV:  If you're shooting a nail gun at a cat you would be considered that you were.
     M2:  Nailing some pussy.
     MV:  Nailing some pussy, wouldn't you?
     M2:  Exactly.
     M3:  Correct.
     MV:  Taking an automatic air gun and firing it at a feline would be slaying would be nailing pussy.
     M2:  Yes.
     MV:  Thank you.  I'm just trying, you can say, you know.
     M2:  You're correct.
     MV:  What's a saying of, you know, smoking a joint, getting high, you know what I'm saying.
     M2:  Mm mm.
     MV:  Well, there's a saying for an automatic air, nail gun into a feline would be nailing pussy.
     M2:  Correct.
     MV:  And there ain't nothing wrong with nailing a little bit of pussy around here now.
     M2:  No.
     MV:  I love saying that that on the radio.  You know, basically if you're
      at a dead end of your life and you need to nail some pussy, become a construction guy, make sure you
   do it near some cats, and get an automatic air gun.
*  *