FCC Record, Volume 13, No. 24, Pages 16947 to 17728, Supplement Page: 17,254
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Federal Communications Commission
Washington, D.C. 20554
In reply refer to:
Released: June 29, 1998
CERTIIED MAIL, RETURN RECEIPT REQUESTED
Clear Channel Radio Licenses, Inc.
Licensee, KKND-FM, Port Sulphur, LA
200 Concord Plaza
San Antonio, TX 78216
This letter constitutes a NOTICE OF APPARENT LIABILIY 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 Rules.
The Commission has received information indicating that Radio Station KKND-FM, Port Sulphur, LA,
may have violated 18 U.S.C. 1464 by broadcasting allegedly indecent material during broadcasts of "The
Howard Stem Show" on February 7 and 14, 1997, and April 25, 1997, between 6 am. and 10 am.
Transcripts of the allegedly indecent broadcasts, taken from 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 and excretory activities or organs. Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd
2705, 2705 (1997) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), affd sub nom. FCC v. Pacifica
Foundation, 438 U.S. 726 (1978)). 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,
58 F.3d 654 (D.C. Cir. 1995), cert. denied 116 S.Ct. 701 (1996).
We believe the subject excerpts are indecent in that they contain language that describes sexual and
-Federal Comm ncations Co mi 0on
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United States. Federal Communications Commission. FCC Record, Volume 13, No. 24, Pages 16947 to 17728, Supplement, book, 1998; Washington D.C.. (digital.library.unt.edu/ark:/67531/metadc2351/m1/323/: accessed November 15, 2018), University of North Texas Libraries, Digital Library, digital.library.unt.edu; crediting UNT Libraries Government Documents Department.