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A. a.(1)(a) i) a)DocumentgPleadingHeader for Numbered Pleading PaperE!n    X X` hp x (#%'0*,.8135@8:%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155<%%%%,-%77O1O1O1O1O1bII1C1C1C1C1%%%%O7O7O7O7O7O7O7O7O7O7O1O7O7O7O7O7=7O7O1O1I1I1I1C1C1C1O7O7OO7O7O7O7,7%7%%%7+O7CC-O7O7O7bOI%I-=+=+N&27%177777"SS7!TT7S!%%117n%%77ln%1n%!t%<<<<>mBBs,?>[N6Wms[77UUUH_%7777777777>>>1eOIIOC=OO%+OCbOO=OI=COOhOOC%%47%17171%777V7777%+77O77155%T7,OOOOOO=7111111I111117777777<77777772o2@)Z,@//M"5@^!)22SN!!28!2222222222888,\HCCH=8HH!'H=YHH8HC8=HH^HH=!!/2!,2,2,!222N2222!'22H22,006!!!!()!22H,H,H,H,H,YCC,=,=,=,=,!!!!H2H2H2H2H2H2H2H2H2H2H,H2H2H2H2H282H2H,H,C,C,C,=,=,=,H2H2HH2H2H2H2(2!2!!!2'H2==)H2H2H2YHC!C)8'8'N#-2!,22222KK2LL2K!!,,2d!!22bd!,d!t!77778c<d<d<CCYYdCCddCYCdYzzzzCCCCqodYYYYYYYYYYY8888dddddddnddddddd22 S- X   %g S- #&J\  P6Q &P#Federal Communications Commission`!(#098231 ă  yx}dddy %Q3 Before the Federal Communications Commission  S-& Washington, D.C. 20554 ă  S4-In the Matter ofR#&J\  P6Q &P#) R) Liability ofR) Southern Nevada R F$XLr adio, Inc., D.I.P.R) R) Licensee of Radio StationR) KKLZ(FM), Las Vegas, NevadaR) R) For a ForfeitureR) T  S6 -  MEMORANDUM OPINION AND ORDER TP  S -X` hp x (#%'0*,.8135@8:as amended, the Commission has statutory authority to take appropriate administrative action when  xzlicensees broadcast material in violation of 18 U.S.C.  1464. The Commission has defined indecency  xas language or material that, in context, depicts or describes, in terms patently offensive as measured by  xcontemporary community standards for the broadcast medium, sexual or excretory activities or organs.  S- xSee Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987). The United States Court  xzof Appeals for the District of Columbia Circuit has upheld the Commission's authority to restrict the  xbroadcast of indecent material when there is a reasonable risk that children may be in the audience.  S- xAction for Children's Television v. FCC, No. 931092 (D.C. Cir. June 30, 1995); Action for Children's  S-Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988).   x3. The complaint underlying the NAL alleged that on March 2 and March 16, 1994, between 6  xLa.m. and 10 a.m., KKLZ(FM) aired indecent material on the "Johnson and Tofte Morning Show." After  xreviewing all of the information before it, the Mass Media Bureau determined that the two broadcasts  x>transcribed in Attachment 1 apparently violated 18 U.S.C.  1464, and on August 22, 1994, mailed a notice of apparent liability regarding that material."o", * *,,%"Ԍ  ԙx4. The NAL was sent to SNR by certified mail. According to the return receipt, it was received  xon August 25, 1994. Pursuant to Section 1.80(f)(3) of the Commission's Rules, SNR was afforded thirty  x(30) days from the date of the NAL "to show, in writing, why a forfeiture penalty should not be imposed  xor be reduced, or to pay the forfeiture." SNR did not respond or pay the forfeiture penalty. Under  xSection 1.80(f)(4), failure to respond to the NAL or pay the proposed penalty in full empowers the  xzCommission, upon consideration of all relevant material available to it, to issue an order requiring that the forfeiture be paid in full and stating the date by which the forfeiture must be paid.   mx5. Considering all of the information available to us, we find that the broadcasts transcribed in  xAttachment 1 fit squarely within our definition of indecency discussed above. Each of the passages  xdescribes sexual or excretory activities and organs -- specifically, anal intercourse and references to  xexcretory and sexual functions in patently offensive terms. The March 2nd passage contains an explicit,  x\unambiguous reference to anal sex and sexual sound effects which, in context, are pandering in nature.  xTaken together, these characteristics give the metaphoric language of the song an inescapable sexual  xmeaning. The March 16th "Men Are Pigs" segment contains multiple explicit references to excretory and  xsexual functions. Because the material aired at times when there is a reasonable risk that children may have been in the audience, it is legally actionable.   x6. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, it  xis ordered that Southern Nevada Radio, Inc., of Las Vegas, Nevada, former licensee of Radio Station  xKKLZ(FM), forfeit to the United States the sum of eight thousand dollars ($8,000) for its violation of  xSection 1464 of Title 18 of the United States Code. Payment of the forfeiture may be made by mailing  xto the Commission a check or similar instrument payable to the Federal Communications Commission.  x!In regard to this forfeiture proceeding, SNR may take any of the actions set forth in  1.80 of the Commission's Rules, as summarized in the attachment to this Memorandum Opinion and Order. x` `  FEDERAL COMMUNICATIONS COMMISSION x` `  Roy J. Stewart x` `  Chief, Mass Media Bureau  S:-Attachments":,l(l(,,"  S- x` `  hh@hppAttachment 1 KKLZ(FM), Las Vegas, Nevada  Sg-Excerpts from Johnson and Tofte Morning Show (610 a.m.)  S- MV: xMale Voice  S-MV2:xSecond Male Voice  S-FV:xFemale Voice  Sh-FC:xFemale Caller  S- x` ` March 2, 1994  S6 -MV:XxHey, Mister, tell us about anal sex. (#  S -  MV2:Xx(Toy train whistle). Oh look, there's the chocolate train going round and round the candy track. Soon it will stop and a special passenger will get off.(#  S7-FV:XxOh, God.(# (Lilting tune begins, sung by female voice, as if for small children)  Sk- XxThe chocolate train rides on the candy track. (# xThe lollipop wheels go clickity, clickity, clack. xThe peppermint whistle goes toottoot xon the chocolate train. xThe little train is on its way xto climb up ice cream mountain. xIt takes on water for its trip xfrom a great big soda fountain. xThe chocolate train* rides on the candy track. xThe lollipop wheels go clickity, clickity clack.  S- xTake a trip to candy land xon the chocolate train.  x* Background female climactic moans and groans begin here, ending song with panting and moaning "Yes, Oh God, yes, oh yes, yes, yes, yes, oh."";,l(l(,,G""  S-x ` ` March 16, 1994  S-  Sg-  _MV:XxWell, the name "Interior Decorator" brings a lot of things to mind, but this is a real Interior Decorator. You know, men are pigs. The best of Johnson and Tofte on KKLZ. (#  S-M2:xIt's only a morning show.  S-MV:XxYes they are, huh? (#  S-M2:xOh boy.  Sh-MV:xYou haven't heard a "men are pigs" story 'til you've heard this one, right?  S5-M2:xJohnson and Tofte, go ahead.  S-FC:XxHi, I'm calling about the "men are pigs" story. (#  S-MV:XxRight, what's your name?(#  S -FC:XxLinda.(#  Si -MV:XxHi, Linda.(#  S6 -FC:XxHi.(#  S -MV:XxAre you single or married?(#  S -FC:XxUh, single.(#  S -MV:XxAlright. Let's hear your "men are pigs" story.(#  Sj-FC:XxOkay. I was married for 18 years, and I call my "ex" Sybil.(#  S7-MV:XxOh, well.(#  S-  FC:XxI had to have him evicted from the house because he wouldn't leave, and I was paying on the   house when I wasn't living there. So, before he left, he decided that I should remember his being   evicted from the house. I didn't know that a man had that much bodily fluids in him. So, he decided to spit on all the windows.(#  S8-M2:XxOh, my God.(#  S-FC:XxAnd he urinated all over the drapes and the sofa.(#  S-MV:XxOh.(#  S-  ?FC:XxAnd he apparently must have been watching something exciting because he ejaculated all over the furniture. (#  S9-M2:Xx(Sound of vomiting).(#  S-FC:XxI was (Unintelligible) before this furniture stayed nice and clean.(#  S-MV:XxOh, my God!(#  S-M2:XxSo you squirted him with breast from breast milk.(#  Sm-FC:XxNo milk coming from these breasts. Not with him.(#  S:-MV:XxWell, it would have been an idea.(#  S-FC:XxAnd then at the sign of coup de gras with dust ruffle, he decided to do a bowel.(#  S-M2:XxAh, do we even want to hear this?(#  S-MV:XxNot on the ruffle thing!(#  Sn-FC:XxOn the dust ruffle, and used it as toilet paper.(#  S;-MV:XxAh, come on.(#  S -  FC:XxI'm not kidding, I was so upset I brought the couch cushion in a plastic bag into the court room for the judge to see. (Laughter).(#  S!-MV:XxAnd you divorced this man? I just. (Laughter in the background).(#  So"-FC:XxHe was a plumber.(#  S<#-MV:XxHe sure was, and it sounds like he let one of his pipes leak. (#  S $-FV:xHe sure did.  S$-MV:xAlright hang on, you're goin' to this show. (Laughter).  S%-FC:XxThank you.(#  Sp&-MV:XxSo, this actually happened and you brought it to court?(#  S='-FC:XxOh yeah. The judge didn't want to see the couch cushion with all the white stains.(#"=',l(l(,,+"Ԍ S-MV:XxWas the judge laughing about it at all.(#  S-FC:XxNo, I don't think he was too happy.(#  S-M2:XxGee. What happened to your "ex" then?(#  Sg-  FC:XxWell, he decided, and so he took my car from me and he offered me a plumbing van. (Laughter).   |Rather than my car, he had four plumbing vans. But needless to say, it took three years to get divorced from this psychotic.(#  S-MV:XxDid you guys have kids together?(#  S-FC:XxNo, thank God.(#  Sh-M2:XxAh man, he needs diapers made out of dust ruffles. (Laughter).(# " ,l(l(,, " diamond/kklzmoo.sf drafted by Steve Feldman to MMB 8/14/95; see also kklzcov.sf 8/16/95 corrections per Anthony Mastando; other bluebook suggestions not yet made x` `  hh@hpp