FCC Record, Volume 6, No. 13, Pages 3571 to 4108, June 17 - June 28, 1991 Page: 3,705

                                
6 FCC Rcd No. 13

Federal Communications Commission Record

We believe that the subject broadcasts all fit squarely
within our definition of indecency quoted above. Even in
the cases of innuendo, not only was the language understandable
and clearly capable of a specific sexual meaning
but, because of the context, the sexual import was inescapable.
See Infinity, supra. Reasonableness of conduct is
no defense to a statutory violation for purposes of Commission
enforcement action but may affect the sanction
imposed. Infinity, 3 FCC Rcd at 933. As for the station's
reliance on Commission inaction, we have repeatedly stated
that, mindful of the sensitive First Amendment issues
involved in indecency rulings, we strive to proceed with
caution and careful deliberation, sometimes resulting, unfortunately,
in enforcement actions and opinions that
reach year-old broadcasts. Whether or not the context of
the entire Neil Rogers Show dwelt on sexual themes, the
songs themselves provide sufficient context to determine
their patent offensiveness and can be considered discrete
units for purposes of this action. And, whether or not the
material here at issue is less graphic than that previously
found indecent by the Commission, we do not accept
constraints on our discretion to pursue violations less
egregious than others may have been.
Even if we accept your argument (to the extent that it
is distinguishable from your assertions about "contemporary
community standards") that the subject broadcasts
use "acceptable slang," we do not believe, in this context
of overt sexual themes and descriptions of sexual activities,
that the songs are any less patently offensive. And as
to your arguments concerning contemporary community
standards for the broadcast medium, the Commission has
maintained that it has expertise in ascertaining such standards
and therefore its pronouncements in this area are
not, as you claim, arbitrary and capricious for failure to
incorporate objective evidence of ratings indicating popularity
in the relevant listening market. See, e.g., Infinity, 3
FCC Rcd at 933.1 Broadcast indecency is a violation of
federal law and its popularity in any particular community
does not change that fact. But more importantly, the
focus of our indecency standards must be on the risk to
children in the audience.
Thus, it appears that on the above-referenced dates in
November and December 1988, at the times stated, Station
WIOD(AM) violated 18 U.S.C.   1464 by airing
indecent programming. As the broadcasts occurred during
daytime hours, they are legally actionable. Accordingly,
pursuant to Section 503(b) of the Communications Act,
WIOD, Inc., is hereby advised of its apparent liability for
a forfeiture of ten thousand dollars ($10,000). The amount
specified was reached after consideration of the factors set
forth in Section 503(b)(2) of the Act.
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
WIOD Transcripts
JET BOY, JET GIRL
Jet boy, jet girl, gonna take you 'round the world.
Jet boy, I'm going to make them penetrate,
I'm going to make you be a girl,
Ooh, ooh, ooh, ooh, jet boy, jet girl.
Can you tell what's on my mind?
She with him, it drives me wild,
I like to hit him on the head, until he's dead.
The sight of blood is such a high
Ooh, ooh, ooh, ooh, he gives me head.

We made it on a ballroom blitz,
I took his arm and kissed his lips
He looked at me with such a smile, my face turned red.
We booked a room into the Ritz,
Ooh, ooh, ooh, ooh, he gives me head.
Jet boy, jet girl, gonna take you 'round the world,
Jet boy, I'm going to make them penetrate,
I'm going to make you be a girl,
Ooh, ooh, jet boy, jet girl.
And though I'm only just fifteen,
I like to kick, I like to scream,
And even if I have a kick or two in bed,
When I'm with him, it's just a dream,
Ooh, ooh, ooh, ooh, he gives me head.
Jet boy, jet girl, gonna take you 'round the world,
Jet boy, I'm going to make them penetrate,
I'm going to make you be a girl,
Ooh, ooh, jet boy, jet girl.
The other day, what a surprise,
I saw him with some other guys,
God, he was dressed up with a girl around his neck,
I could have cried before my eyes,
Ooh, ooh, ooh, ooh, he gave me head.
Jet boy, jet girl, gonna take you 'round the world,
Jet boy, I'm going to make them penetrate,
I'm going to make you be a girl,
Ooh, ooh, jet boy, jet girl.

And if or when I make it through,
Or if my brain is stuck on glue,