FCC Record, Volume 11, No. 24, Pages 13144 to 13731, October 15 - October 18, 1996 Page: 13,214
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FEDERAL COMMUNICATIONS COMMISSION
WASHINGTON, D.C. 20554
IN REPLY REFER TO:
OCT 1 5 1996 1iSOOC-JEE
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
WVGO License Limited Partnership
Licensee, WBZU(FM), Richmond, VA
1011 Boulder Spring Drive, Suite 401
Richmond, VA 23225
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
The Commission has received information indicating that Radio Station WBZU(FM),
Richmond, VA,' may have violated 18 U.S.C. 1464 by broadcasting allegedly indecent
material during the "Howard Stem Show" on October 23, 1995 and June 3, 1996, between 6
a.m. and 10 a.m. A transcript of the allegedly indecent broadcasts, taken from tapes
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 or excretory activities or organs. See Infinity Broadcasting
Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987). The United States Court of Appeals
'WBZU(FM) exchanged call signs with WVGO(FM), effective September 16, 1996. At
the time of the broadcasts which form the bases for the complaints referred to in this Notice of
Apparent Liability, WBZU(FM) was WVGO(FM) and the complaints were filed against
WVGO(FM). To maintain clarity, the station against which the complaints were filed will be
referred to as WBZU(FM) throughout this document, since this is the station's current call sign.
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United States. Federal Communications Commission. FCC Record, Volume 11, No. 24, Pages 13144 to 13731, October 15 - October 18, 1996, book, October 1996; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc2040/m1/82/: accessed December 10, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.