Enforcement Bureau Letter Ruling on WGR (AM) Buffalo, New York Indecency Complaint

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FCC FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau, Investigations and Hearings Division
445 12th Street, S.W., Room 3-B443
Washington, D.C. 20554
February 23, 2001

In Reply Refer to:
EB-00-IH-0221/RBP
ID#56101

Mr. Michael P. Palko
Buffalo, New York
Dear Mr. Palko:
This is in response to your complaint against radio station WGR(AM), Buffalo, New York, for allegedly airing indecent material during "Bauerle and the Bull Dog" on May 8, 2000, at 9:15 a.m. In support of your complaint you submitted brief comments from the above program.
Based on the information you have provided, it does not appear that the material about which you complain is indecent. Indecency is defined as material which, in context, depicts or describes sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards for the broadcast medium. In determining whether broadcast material is patently offensive we look to, among other things, the explicitness or graphic nature of the description of sexual or excretory organs or activities and whether the material dwells at length on such organs or activities. Subject matter alone is not sufficient to find material indecent, nor is it sufficient that some, or even most, people would find the material offensive. Because the discussion you describe does not describe sexual or excretory activities or organs in a patently offensive manner, I am dismissing your complaint.
To assist you, we include an information sheet regarding enforcement against indecent and obscene programming. The enclosure discusses the law with respect to obscene and indecent broadcasts and our enforcement procedures.
Thank you for your interest in this matter.

Sincerely,

Charles W. Kelley
Chief, Investigations and Hearings Division
Enforcement Bureau

Enclosure

	FEDERAL COMMUNICATIONS COMMISSION Enforcement Bureau, Investigations and Hearings Division 445 12th Street, S.W., Room 3-B443 Washington, D.C. 20554 February 23, 2001
		In Reply Refer to: EB-00-IH-0221/RBP ID#56101
Mr. Michael P. Palko Buffalo, New York Dear Mr. Palko: This is in response to your complaint against radio station WGR(AM), Buffalo, New York, for allegedly airing indecent material during "Bauerle and the Bull Dog" on May 8, 2000, at 9:15 a.m. In support of your complaint you submitted brief comments from the above program. Based on the information you have provided, it does not appear that the material about which you complain is indecent. Indecency is defined as material which, in context, depicts or describes sexual or excretory activities or organs in a patently offensive manner as measured by contemporary community standards for the broadcast medium. In determining whether broadcast material is patently offensive we look to, among other things, the explicitness or graphic nature of the description of sexual or excretory organs or activities and whether the material dwells at length on such organs or activities. Subject matter alone is not sufficient to find material indecent, nor is it sufficient that some, or even most, people would find the material offensive. Because the discussion you describe does not describe sexual or excretory activities or organs in a patently offensive manner, I am dismissing your complaint. To assist you, we include an information sheet regarding enforcement against indecent and obscene programming. The enclosure discusses the law with respect to obscene and indecent broadcasts and our enforcement procedures. Thank you for your interest in this matter.
	Sincerely, Charles W. Kelley Chief, Investigations and Hearings Division Enforcement Bureau