FCC Record, Volume 9, No. 8, Pages 1710 to 1820, April 4 - April 15, 1994 Page: 1,753
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9 FCC Red No. 8
Federal Communications Commission Record
Federal Communications Commission
Washington, D.C. 20554
Released: February 1, 1994
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 in the amount of Thirty
Seven Thousand Five Hundred Dollars ($37.500) pursuant
to Section 503(b) of the Communications Act of 1934. as
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 September
30, October 6 and October 12, 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, 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. 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
Thirty Seven Thousand Five Hundred Dollars ($37,500) 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, 8 FCC Rcd
6215 (1993), appeal pending sub nom., USTA v. FCC, Case
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.
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 January
BY DIRECTION OF THE COMMISSION
William F. Caton
*Chairman Hundt not participating; Commissioners
Quello and Barrett concurring in the result.
KFBI-FM, Pahrump, NV
Between approximately 6:00
and 1 1:00 a.m.
Howard Stern Show
HS: Howard Stern
RQ: Robin Quivers
MV: Male Voice
AS: Allison Stern
September 30, 1993
HS: She stands there. She doesn't wear any good
clothes though. She ought to dress like she did in
those white snake videos. Little white outfit with the
legs, rolling around on a Jaguar. all sexed up. That
Jaguar must have stunk for three days. I'm watching.
RQ: I don't think she's a smelly person.
HS: But you know girls have a special scent, they
leave, when they're all hot and they're not wearing
panties and they're laying all over a car. Panty juice.
Panty juice. I always look at my wife's panties.
There's always something going on there too.
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United States. Federal Communications Commission. FCC Record, Volume 9, No. 8, Pages 1710 to 1820, April 4 - April 15, 1994, book, April 1994; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc1902/m1/59/: accessed November 12, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.