FCC Record, Volume 8, No. 19, Pages 6621 to 6998, September 6 - September 17, 1993 Page: 6,790
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Federal Communications Commission Record
8 FCC Red No. 19
Federal Communications Commission
Washington, D.C. 20554
Released: August 12, 1993
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
Americom Las Vegas Ltd. Partnership
Licensee. KFBI(FM), Pahrump, NV
6255 Sunset Boulevard, Suite 1901
Los Angeles. CA 90028
This letter constitutes a NOTICE OF APPARENT LIABILITY
FOR A FORFEITURE pursuant to Section
503(b) of the Communications Act of 1934, as amended.
The Commission has received information indicating
that Radio Station KFBI(FM), Pahrump, NV, may have
violated 18 U.S.C. 1464 by broadcasting allegedly indecent
material during "The Howard Stern Show" on November
10, 11, 12, 13, 16, 18, 20: December 3, 1992; and
January 13, 1993, between approximately 6 a.m. and 11
a.m. Transcripts of the allegedly indecent broadcasts, taken
from transcripts and tapes submitted by the complainant,
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).
We believe that the subject excerpts from "The Howard
Stern Show" are indecent in that they contain language
that describes sexual and excretory activities and 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 the dates listed above, Station KFBI(FM)
violated 18 U.S.C. 1464 by airing indecent programming.
Accordingly, pursuant to Section 503(b) of the Communications
Act, Americom Las Vegas Ltd. Partnership is
hereby advised of its apparent liability for a forfeiture of
seventy-three thousand seven hundred fifty dollars
($73,750) for its apparent willful and repeated violations of
18 U.S.C. 1464 on the dates cited above. The amount
specified was determined by using the criteria set forth in
the Policy Statement , Standards for Assessing Forfeitures, 6
FCC Rcd 4695 (1991), on recon., 7 FCC Rcd 5339 (1992),
pet. for review pending sub nom., USTA v. FCC, No.
92-1321 (D.C. Cir. filed July 30, 1992), and the factors set
forth in Section 503(b)(2) of the Communications Act of
1934, as amended. The base amount for an indecency
violation is $12,500. We believe the egregious nature of the
material, as well as the substantial number of days on
which such indecent material was broadcast, severely aggravate
the violation. Thus, we are adjusting the forfeiture
amount accordingly. See Policy Statement, supra, at 4700.
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.
This letter was adopted by the Commission on August
BY DIRECTION OF THE COMMISSION
William F. Caton
Radio Station KFBI(FM) [formerly KUDA(FM)],
Dates Broadcast: November 10, 11, 12, 13, 16, 18, 20;
December 3. 1992; and January 13, 1993.
Time Broadcast: Between approximately 6:00 a.m. and
Material Broadcast: Howard Stern Show
HS: Howard Stern
RQ: Robin Quivers
JM: Jackie Martling
MV: Male Voice
M2: Second Male Voice
FV: Female Voice
F2: Second Female Voice
FC: Female Caller
WA: Woody Allen (impersonation)
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United States. Federal Communications Commission. FCC Record, Volume 8, No. 19, Pages 6621 to 6998, September 6 - September 17, 1993, book, September 1993; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1865/m1/186/: accessed November 19, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.