FCC Record, Volume 7, No. 23, Pages 7119 to 7517, November 2 - November 13, 1992 Page: 7,321
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7 l I . .. N. 2 F C u t C. o
Federal Communications Commission
Washington, D.C. 20554
Released: October 27, 1992
CERTIFIED MAIL - RETURN RECEIPT REQUESTED
Greater Los Angeles Radio. Inc. 8210-AJZ
Licensee, Radio Station KLSX(FM) 92020231
Two Kennedy Blvd.
East Brunswick. New Jersey 08816
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 KLSX(FM). Los Angeles. California.
may have violated 18 U.S.C. § 1464 by broadcasting allegedly
indecent material during "The Howard Stern Show"
between approximately 6:00 a.m. and 11:00 a.m. on various
dates between October 30, 1991. and December 6. 1991.
Transcripts of the allegedly indecent broadcasts. taken from
transcripts and tapes submitted by the complainant. are
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." Infinity Broadcasting
Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987). The
United States Court of Appeals for the District of Columbia
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. Moreover. because the material
aired at times when there was a reasonable risk that children
may have been in the audience (between approximately
6:00 a.m. and 11:00 a.m.). it is legally actionable.
Thus, it appears that on October 30). 31. November 5. 7,
15. 17, 20. 25. 26. 27. December 5. 6, 1991. Station KLSX
violated 18 U.S.C. § 1464 by airing indecent programming.
Accordingly, pursuant to Section 503(b) of the Communications
Act. Greater Los Angeles Radio, Inc. is hereby
advised of its apparent liability for a forfeiture of one
hundred five thousand dollars ($105,000) for its apparent
willful and repeated violation of 18 U.S.C. § 1464 on the
dates set forth above. The amount specified was determined
by using the criteria set forth in the Policy Statement,
Standards for Assessing Forfeitures, 6 FCC Red 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 (12 days) severely aggravate the violation. Thus.
we are adjusting the forfeiture amount accordingly. See
Policy Statentent, 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 U.S.C. § 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 October
BY DIRECTION OF THE COMMISSION
Donna R. Searcy
Radio Station KLSX-FM, Los Angeles, CA
Date/Time Broadcast: October 30, 31; November 5, 7,
15, 17, 20, 25, 26, 27; and, December 5, 6, 1991,
between approximately 6:00 a.m. and 11:00 a.m.
Material Broadcast: Howard Stern Show
IIS: Howard Stern
RQ: Robin Quivers
GR: Geraldo Rivera
LK: Lenny Kravitz
SG: Stacey Gillena
WO: Woman in studio
MV: Male Voice
FC: Female Caller
FV: Female Voice
October 30, 1991
RQ: Pee Wee Herman is trying to make a deal. He and
well He wasn't, but his lawyers were in court down in
HS: If he makes a deal. don't shake his hand.
RQ: And the new deal offered by the prosecution is that
if Pee Wee pleads no contest then he would have to pay a
$50 fine and do 50 hours of community service.
Federal Communications Commission Record
7 FCC Rcd No. 23
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United States. Federal Communications Commission. FCC Record, Volume 7, No. 23, Pages 7119 to 7517, November 2 - November 13, 1992, book, November 1992; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc2175/m1/221/: accessed November 13, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.