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                Federal Communications Commission
                      Washington, D.C. 20554
                                             In reply refer to:
                                             1800C1-JEE
                                             97050319
                                             98070267
                                             Released:  August 24, 1998
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Infinity Broadcasting Corporation of Los Angeles
Licensee, KROQ(FM), Los Angeles, CA
600 New Hampshire Avenue, N.W.
Suite 1200
Washington, DC  20037
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 KROQ(FM), Los Angeles, CA, may
have violated 18 U.S.C.  1464 by broadcasting allegedly indecent material when it aired a recording of the
song "You Suck" by the group Consolidated on March 28, 1997, at approximately 9:10 p.m.   A transcript of
the allegedly indecent material, taken from lyrics submitted by the complainant, 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 and
excretory activities or organs.  Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705, 2705
(1997) (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, 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 excretory
activities  or organs in patently offensive terms.  Because the material aired at a time when there was a
reasonable risk that children may have been in the audience, it is legally actionable.  Thus, it appears that on
March 28, 1997,  Station KROQ(FM) violated  1464 by airing indecent programming.
Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Infinity
Broadcasting Corporation of Los Angeles is hereby advised of its apparent liability for a forfeiture of Two
Thousand Dollars ($2,000), for its apparent willful and repeated violations of 18 U.S.C.  1464 on March 28,
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 of this
letter.
                                         FEDERAL COMMUNICATIONS COMMISSION
                          Roy J. Stewart
                          Chief, Mass Media Bureau
Attachments
Radio Station:       KROQ-FM, Los Angeles, CA
Date/Time Broadcast: March 28, 1997, at approximately 9:10 p.m.
Material broadcast:  "You Suck" by Consolidated
97050319
     WO:  Woman
     MA:  Man
*  *
     WO:  I know you're really proud cause you think you're well hung but I think it's time you learn how to use
     your tongue.  You say you want things to be even and you want things to be fair but you're afraid to get
     your teeth caught in my pubic hair.  If you're lying there expecting me to suck your dick, you're going
     to have to give me more than just a token lick.  Well, you may not like it but you better learn how, cause
     it's your turn now.  Now, you suck, suck it hard.  Go down baby, you suck, lick it hard and move your
     tongue around.  If you're worried about babies, you can lower your risk, by giving me that special
     cunnilingus kiss.  It's on your face that I'm going to sit.  You can wiggle, you can jiggle your tongue on
     my clit.  Don't worry about making me have an orgasm.  Just take your time and do it with enthusiasm.
     I can tell it's making you scared, just thinking of it, but you better, learn to love it.  Now, you suck, suck
     it hard.  Go down baby, you suck, lick it hard and move your tongue around.  Now, you suck, suck it
     hard.  Go down baby, you suck, lick it hard and move your tongue around.
      When you hear safe sex, snicker under your breath.  We got to take cover, we're flirting with death.
   AIDS is our problem, we've got to talk.  Break out your dental dam and your latex sock.  I'm your latex
   lover wrapped like a gift.  Got my microwave plastic wrap heating up my clit.  Dinners on, get busy with
   my booty, got a couple of flavors, sweet licorice and fruity.  I know your sad luscious pussy with a
   cover.  I'm aching too, can't taste each other.  There's no slacking off with an unprotected stroke.  This,
   ain't, no, joke.  Sisters, sisters, you've got the power, use it!
     WO:  You brought a condom, right?
     MA:  Huh?
     WO:  I'm unprotected.
     MA:  Ain't you on the pill?
     WO:  Oh, that was great and everything but you know I think it's your turn to go down on me.
     MA:  I'm tired, I'm tired.
     WO:  What do you mean, you're tired?
     WO:  Come on baby, come on baby, come on baby, oh.
     MA:  No, no that's awful.  Oh, that tastes terrible.
     WO:  You asshole, you shit.  I know you think it's real drag, to suck my cunt when I'm on the rag.  Quit
     making up stories, just give me a break, cause I really don't believe that you've got a headache.  You tell
     me it's gross to suck my yeast infection.  How do you think I feel when I gag on your erection?  Uh.
     You're wasting your tongue, with lame excuses and lies, get your face, between, my thighs.  Now, you
     suck, suck it hard.  Go down baby, you suck, lick it hard and move your tongue around.  Now, you suck,
     suck it hard.  Go down baby, you suck, lick it hard and move your tongue around.  Now, you suck.
*  *