FCC Record, Volume 13, No. 20, Pages 13786 to 14568, July 27 - August 7, 1998 Page: 13,873

                                
12. Accordingly, 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, Eagle is hereby advised of its apparent liability for a forfeiture of Two Thousand Dollars ($2,000),
for its apparent violation of 18 U.S.C.  1464 on September 30, 1993. The amount specified was
determined after consideration of the factors set forth in Section 503(b)(2) of the Act, including "the
nature, circumstances, extent, and gravity of the violation"
13. 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.
III. DAD'S 1995 INFORMAL OBJECTION
14. DAD alleges in its 1995 Informal Objection that KEGL(FM) aired indecent and/or obscene
material and submitted thirty-three audiotapes which contained thirty-one days of broadcasts in support
of its contention. Because DAD failed to provide sufficient context to enable us to determine whether
some of the material about which it complains meets the Commission's definition of indecency, we dismiss
the portion of DAD's complaint that pertains to the following broadcast dates: May 12, 24, 29, 30, 1995;
and, June 7, 9, 14, 16, 19, 20, 21, 22, 30, 1995. The remainder of DAD's complaint, which includes the
following broadcast dates: April 3, 1995; May 1, 4, 5, 8, 10, 18, 19, 25, 26, 31, 1995; and June 2, 6, 15,
23, 26, 27, 29, 1995; is dismissed as not actionably indecent.
15. For the reasons set forth above, Blackwell's 1994 informal objection IS GRANTED IN PART,
to the extent indicated herein, and a Notice of Apparent Liability for $2,000 is issued to Eagle (see
paragraphs 12-13, supra) for the broadcast of indecent material about which Blackwell complained.
Additionally, Blackwell's 1997 informal objection and DAD's informal objection are DENIED.
16. We find that the applicants are qualified and that grant of the pending renewal applications
and application for assignment of Station KEGL(FM) to Nationwide Mutual Insurance Company would
serve the public interest, convenience and necessity. Accordingly, it is ORDERED, that the pending
applications for renewal of license of Station KEGL(FM) (File Nos. BRH-970327XC and BRH95033
1YB) ARE GRANTED. It is FURTHER ORDERED, that the application for assignment of license
of Station KEGL(FM) from Eagle Radio Inc. to Nationwide Mutual Insurance Company (File No.
BAPLH-970106GG) IS GRANTED.
Sincerely,
Roy J. Stewart
Chief, Mass Media Bureau
Attachments

13873

rFederal Communications Commission

DIA 98-1064