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                         Before the
              Federal Communications Commission
                   Washington, D.C. 20554

In the Matter of                )  Control   No.   EB-00-IH-
00140a
                                )
WLDI, Inc.                      )  NAL/Acct.             No. 
2001320800018
                                ) 
Licensee of Station WCOM(FM),   )  
Bayamon, Puerto Rico            )  Facility ID # 54471

                      FORFEITURE ORDER

   Adopted: May 9, 2001                 Released:   May  11, 
2001

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1.   In this Order, we impose a forfeiture of $16,800 
on WLDI, Inc. (``WLDI''), licensee of Station WCOM(FM), 
Bayamon, Puerto Rico, for willful and repeated violations of 
18 U.S.C.  1464 and Section 73.3999 of the Commission's 
rules, 47 C.F.R.  73.3999.  This action is taken pursuant 
to 47 U.S.C.  503(b)(1)(D) and 47 C.F.R.  1.80(f)(4).    

                       II.  BACKGROUND

     2.   On October 1, 1999, Chancellor Media Corporation, 
owner of WLDI, filed with the Commission an application to 
transfer control of WLDI to the Spanish Broadcasting System 
of Puerto Rico (``SBS'').  WCOM(FM) broadcast the allegedly  
indecent material that is the subject of this order on 
October 18, 19 and 20, 1999.  Just over one week later, on 
October 29, 1999, the Commission staff granted Chancellor's 
application.  At all relevant times, WLDI was the licensee 
of WCOM(FM).  

     3.   On February 8, 2001, in WLDI, Inc., EB-00-IH-
0140a, Notice of Apparent Liability, DA 01-338 (rel. Feb. 8, 
2001) (``NAL''), the Enforcement Bureau determined that 
certain material broadcast over WCOM(FM) was apparently 
indecent.  We found that the language contained graphic, 
patently offensive references to sexual activities or sexual 
organs.  We also found that the station broadcast the 
material between 6 a.m. and 10 a.m. at a time when there was 
a reasonable risk that children might be in the audience. 
NAL at  8; see also 47 C.F.R.  73.3999.  The Commission's 
forfeiture guidelines provide a base forfeiture for 
indecency of $7,000.1  After considering all of the 
circumstances, we proposed a forfeiture in the NAL of 
$21,000 for the apparently willful and repeated broadcast of 
indecent material on three occasions.  NAL at  10.

                      III.  DISCUSSION

     4.   Section 503(b)(1) of the Communications Act (the 
``Act''), 47 U.S.C.  503(b)(1), provides in pertinent part:

     Any person who is determined by the Commission, in 
     accordance with paragraph (3) or (4) of this 
     subsection to have --- 
     ...
     (D) violated any provision of section 1304, 1343, 
     or 1464 of title 18, United States Code; 
     shall be liable to the United States for a 
     forfeiture penalty.

18 U.S.C.  1464 provides criminal penalties for anyone who 
``utters any obscene, indecent or profane language by means 
of radio communication.'' 

     5.   The Commission has defined indecent speech as 
language 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) (subsequent history 
omitted) (citing Pacifica Foundation, 56 FCC 2d 94, 98 
(1975), aff'd sub nom. FCC v. Pacifica Foundation, 438 U.S. 
726 (1978).  The Commission's authority to restrict the 
broadcast of indecent material extends to 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).  Current law holds that such times begin at 6 
a.m. and conclude at 10 p.m.  Action for Children's 
Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), cert. 
denied, 116 S.Ct. 701 (1996).  Thus, to be actionably 
indecent, the material in question must not only meet the 
standard referenced above but also air after 6 a.m. and 
before 10 p.m.  See 47 C.F.R.  73.3999.

     6.   WLDI's response to the NAL, submitted on March 12, 
2001, asserts that the Commission should rescind or, in the 
alternative, reduce the proposed forfeiture.  Although WLDI 
admitted that WCOM(FM) broadcast the apparently indecent 
material, it contends that the Commission should rescind the 
proposed forfeiture on the grounds that ownership of WLDI 
changed following the indecent broadcast.  We reject this 
contention.  Alternatively, WLDI argues that the $21,000 
proposed forfeiture should be reduced on the grounds that 
WLDI has no history of prior offenses.  As explained more 
fully below, we grant WLDI's request for a reduction.

     7.   We first reject WLDI's assertion that we should 
rescind the forfeiture.  Repeating an argument it made in 
response to the inquiry letter, WLDI claims that SBS, the 
current owner of WLDI, should not be held accountable for 
WLDI's indecent broadcasts, given that the broadcasts 
occurred prior to the time that SBS assumed control of WLDI. 
As the Commission recently held ``[t]he fact that the 
ownership of the company changed hands does not affect the 
company's liability.'' EZ Sacramento, Inc., FCC 01-53 (Feb. 
20, 2001), at  3.  See also Winslow Communications, Inc., 
45 FCC 2d 662 (1974). Nothing in WLDI's response convinces 
us that this Commission precedent is inapplicable to this 
case. 

     8.   We also find unpersuasive WLDI's claim that the 
Commission should rescind the proposed forfeiture because 
the Commission is holding responsible an entity, Chancellor, 
no longer in existence.2  In support, WLDI cites two recent 
orders in which the Enforcement Bureau declined to assess a 
forfeiture against the licensee of a station that broadcast 
apparently indecent material where the NALs had issued.3  In 
both cases, we declined to issue the forfeitures in part 
because the licenses of the stations that were the subject 
of the NALs had been assigned to new entities.  In this 
case, however, the holder of the station license has not 
changed.  Rather only ownership of the licensee corporation 
has changed.4  WLDI argues that we would be punishing a non-
existent entity by proceeding with a forfeiture against it.  
We do not accept this argument.  Contrary to WLDI's 
assertion, we are holding responsible WLDI, which has been 
at all relevant times the licensee of WCOM(FM).  Thus, we 
are not finding liable a non-existent entity; rather we are 
finding liable an existing licensee.  We therefore decline 
to rescind the forfeiture.

     9.   Finally, we grant WLDI's request to reduce the 
forfeiture based on its overall history of compliance. We 
find that the licensee WLDI has an overall history of 
compliance with the Commission's rules. We therefore grant 
WLDI's request for reduction of the forfeiture amount and 
reduce WLDI's forfeiture to $16,800. 


                    IV.  ORDERING CLAUSES

     10.  Accordingly, IT IS ORDERED THAT, pursuant to 47 
U.S.C.  503(b) and 47 C.F.R.  0.111, 0.311 and 1.80, 
WLDI, Inc. SHALL FORFEIT to the United States the sum of 
sixteen thousand eight hundred dollars ($16,800) for 
willfully and repeatedly violating 18 U.S.C.  1464 and 47 
C.F.R.  73.3999. 

     11.  Payment of the forfeiture shall be made by mailing 
a check or similar instrument, payable to the order of the 
Federal Communications Commission, to the Forfeiture 
Collection Section, Finance Branch, Federal Communications 
Commission, P.O. Box 73482, Chicago, Illinois 60673-7482, 
within thirty days of the release of this Forfeiture Order.  
See 47 C.F.R.  1.80(h).  The payment should note the 
NAL/Acct. No. referenced above.  If the forfeiture is not 
paid within that time, the case may be referred to the 
Department of Justice for collection pursuant to 47 C.F.R.  
504(a).  

     12.  IT IS FURTHER ORDERED THAT a copy of this 
FORFEITURE ORDER shall be sent by Certified Mail Return 
Receipt Requested to Allan G. Moskowitz, Kaye Scholer, LLP, 
901 Fifteenth Street, N.W., Washington, D.C. 20005. 
                    
     
                         FEDERAL COMMUNICATIONS COMMISSION
                    

     
                         David H. Solomon
                         Chief, Enforcement Bureau
_________________________

1    The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, 12 FCC Rcd 17087, 17100-01 (1997), 
recon. denied, 15 FCC Rcd 303 (1999) (``Forfeiture 
Guidelines'').

2    After the Commission staff approved the transfer of 
control of WLDI, Chancellor Media became a subsidiary of 
AM/FM, Inc., which then merged with Clear Channel 
Communications.

3    See In the Matter of Flambo Broadcasting, Inc., 15 FCC 
Rcd 23,429 (EB 2000) (``Flambo'') and In the Matter of 
Americom Las Vegas Ltd. Partnership, 15 FCC Rcd 13,550 (EB 
2000) (``Americom'').

4    We premised the declinations in these cases primarily 
on the amount of time that had lapsed following the NAL, 
noting that the approximately six years between the issuance 
of the NAL and our decision not to proceed with the 
forfeiture order represented a ``significant amount of 
time.''