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

In the Matter of                )  File No. EB-01-IH-0395 
                                )
Entercom Seattle License, LLC   )  NAL/Acct.             No. 
200232080005
                                )  FRN 0003-2457-19
Licensee of Station KNDD(FM),   )  Facility ID #34530
Seattle, Washington             )

                      FORFEITURE ORDER

   Adopted:  September 26, 2002         Released:  September 
27, 2002

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1.  In this Forfeiture Order, we impose a forfeiture of 
$12,000 on Entercom Seattle License, LLC (``Entercom''), 
licensee of Station KNDD(FM), Seattle, Washington, for 
willful and repeated violations of 18 U.S.C.  1464 and 47 
C.F.R.  73.3999, which prohibit the broadcast of indecent 
material at certain times of day.  We take this action 
pursuant to 47 U.S.C.  503(b)(1)(D) and 47 C.F.R.  
1.80(f)(4).  

                       II.  BACKGROUND
  
     2.  The Commission received a complaint that KNDD(FM) 
broadcast indecent material on May 30, 2001 and on June 1, 
2001.  The complainant described the material broadcast, 
which, the complainant alleged, concerned whether a penis 
could be used to lift or pull objects.  After reviewing the 
complaint, we issued a letter of inquiry to Entercom.  
Entercom submitted a response, and included a transcript of 
the material at issue in the complaint, which Entercom had 
prepared. See Attachment.  Entercom also argued that the 
material, in context, is not patently offensive as measured 
by contemporary community standards for the broadcast 
medium, and thus is not actionably indecent.  

     3.  On January 28, 2002, the Bureau issued a Notice of 
Apparent Liability (``NAL''),1 which found that the material 
apparently violated the Commission's indecency rule.  We 
concluded that a monetary sanction in the base forfeiture 
amount of $7,000 appeared appropriate with respect to each 
broadcast.  Accordingly, the NAL proposed a forfeiture of 
$14,000. 

     4.  Entercom challenges the NAL's findings.  Entercom 
argues that there is a clear absence of any sexual or 
excretory context or import in the complained of material 
because the material does not include discussion, either 
explicit or implicit, about the sexual or excretory 
functions of the male genitalia. In addition, Entercom 
contends that the material does not dwell on or repeat at 
length sexual or excretory descriptions and does not pander, 
and is not used to titillate or shock. For these reasons, 
Entercom argues that the material is not actionably indecent 
and requests cancellation of the forfeiture.  In the 
alternative, Entercom asserts that if the proposed 
forfeiture is not cancelled, the forfeiture amount should be 
adjusted downward to reflect the company's excellent history 
of overall compliance with the Commission's rules and the 
minor nature of the alleged violation.2  

                      III.  DISCUSSION

     5.  It is a violation of federal law to broadcast 
obscene or indecent programming.  Specifically, Title 18 of 
the United States Code, Section 1464 (18 U.S.C.  1464), 
prohibits the utterance of ``any obscene, indecent or 
profane language by means of radio communication.'' Congress 
has given the Federal Communications Commission the 
responsibility for administratively enforcing 18 U.S.C.  
1464.  In doing so, the Commission may, among other things, 
impose a monetary forfeiture, pursuant to Section 503(b)(1) 
of the Communications Act (the ``Act''), 47 U.S.C.  
503(b)(1), for broadcast of indecent material in violation 
of 18 U.S.C.  1464.  Federal courts have upheld Congress's 
authority to regulate obscene speech and, to a limited 
extent, indecent speech.  Specifically, the U.S. Supreme 
Court has determined that obscene speech is not entitled to 
First Amendment protection.  Accordingly, Congress may 
prohibit the broadcast of obscene speech at any time.3  In 
contrast, federal courts have held that indecent speech is 
protected by the First Amendment.4  Nonetheless, the federal 
courts consistently have upheld Congress's authority to 
regulate the broadcast of indecent speech, as well as the 
Commission's interpretation and implementation of the 
statute.5  However, the First Amendment is a critical 
constitutional limitation that demands we proceed cautiously 
and with appropriate restraint.6  Consistent with a 
subsequent statute and case law,7 under the Commission's 
rules, no radio or television licensee shall broadcast 
obscene material at any time, or broadcast indecent material 
during the period 6 a.m. through 10 p.m.  See 47 C.F.R.  
73.3999.  

     6.  In enforcing its indecency rule, the Commission has 
defined indecent speech as 
language that first, in context, depicts or describes sexual 
or excretory organs or activities.  Second, the broadcast 
must be ``patently offensive as measured by contemporary 
community standards for the broadcast medium.''  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)).  This definition 
has been specifically upheld by the federal courts.8  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.  ACT I, supra.  As 
noted above, current law holds that such times begin at 6 
a.m. and conclude at 10 p.m.9 

     7.  The Commission's indecency enforcement is based on 
complaints from the public.  Once a complaint is before the 
Commission, we evaluate the facts of the particular case and 
apply the standards developed through Commission case law 
and upheld by the courts.  Indecency Policy Statement, 
supra, 16 FCC Rcd at 8015,  24.  ``Given the sensitive 
nature of these cases and the critical role of context in an 
indecency determination, it is important that the Commission 
be afforded as full a record as possible to evaluate 
allegations of indecent programming.''  Id.  In evaluating 
the record to determine whether the complained of material 
is patently offensive, three factors are particularly 
relevant: (1) the explicitness or graphic nature of the 
description; (2) whether the material dwells on or repeats 
at length descriptions of sexual or excretory organs or 
activities; and (3) whether the material appears to pander 
or is used to titillate or shock.  See Indecency Policy 
Statement, supra, 16 FCC Rcd at 8003  10. 

     8.  There is no question that the material broadcast on 
May 30, 2001 and June 1, 2001 referred to sexual organs and 
that it aired between 6 a.m. and 10 p.m.  In this regard, 
Entercom contends that the NAL ``is a radical and 
unexplained departure from past FCC case precedent, where an 
unmistakable sexual or excretory import has been an 
indispensable element of an indecency finding.''  We 
disagree.  The indecency definition clearly encompasses 
references to sexual organs, separate and apart from sexual 
activities.  Moreover, as discussed below, we reject 
Entercom's assertion that the broadcasts on May 30, 2001 and 
June 1, 2001 were not patently offensive, and thus do not 
meet the Commission's definition of indecent material.  We 
conclude that both broadcasts violated the Commission's 
indecency rule.

     9. Entercom argues that our finding that the complained 
of material meets the Commission's indecency definition 
indicates that the use of the clinical term ``penis'' during 
a broadcast is per se indecent.  In this regard, Entercom 
claims that the material aired on KNDD(FM) constituted 
humorous segments containing clinical, non-sexual references 
to male genitalia in the context of a genuine news story.  
However, contrary to Entercom's argument, the material at 
issue, in context, was neither clinical nor a news story.  
In this regard, we evaluate whether material is patently 
offensive under the three key factors set forth above, and 
it is the overall context of the material that is critically 
important.  See Indecency Policy Statement, 16 FCC Rcd at 
8003-04.  

     10.  Entercom contends that under the first key factor, 
the Commission has found broadcasts that are more graphic 
than the material at issue were not indecent.  Entercom 
cites the  ``Power, Power, Power'' segment at issue in Great 
American Television and Radio Company, Inc., 
(WFBQ(FM)/WNDE(AM)), 6 FCC Rcd 3692, 3693 (MMB 1990) as an 
example of material with obviously sexual references that 
nevertheless did not meet the Commission's indecency 
definition.  However, in Great American, the Mass Media 
Bureau accepted the licensee's assertion that the sexual 
references in this segment were susceptible to other 
harmless interpretations.  Here, the material at issue 
contains explicit and graphic references to male genitalia 
not similarly susceptible to an interpretation that does not 
involve sexual organs. Although Entercom claims that this 
material is clinical and is part of a legitimate news story, 
we find nothing clinical in the overall context of this 
material.  There is a reference to a news story on a similar 
subject in the material broadcast on May 30, 2001.  However, 
the overall context of the material is not a bona fide 
newscast.

     11.  Entercom claims, under the second key factor, that 
there is no persistent focus on sexual or excretory material 
in either the May 30, 2001 or the June 1, 2001 broadcast.  
Entercom argues that there are extensive references to the 
penis in the May 30 broadcast as a consequence of the news 
story that prompted the segment and that these references 
are non-sexual.  In addition, Entercom argues that the 
material broadcast on June 1, 2001 was considerably shorter, 
and contained only fleeting references to male sexual 
organs.  However, the references to male genitalia in the 
May 30, 2001 and June 1, 2001 broadcasts on KNDD(FM) were 
repeated, and  not isolated.  Given the overall context of 
the material, these references cannot be considered to be 
fleeting.10   

     12.  Finally, under the third key factor, Entercom 
argues that we ignored the absence of a sexual context, and 
erred by finding that the material broadcast on May 30, 2001 
and June 1, 2001 was vulgar and lewd.  Entercom specifically 
claims that citations in the NAL to cases involving similar 
material are readily distinguishable because the material 
aired on KNDD(FM) did not involve sexual functions or use of 
the male genitalia in sexual activities. However, as set 
forth above, the Commission's indecency definition is 
applicable to material that describes or depicts sexual 
organs, which was the subject of these broadcasts.  The 
cases cited in the NAL support our conclusion that the 
material was patently offensive, and there is additional 
precedent finding that material describing sexual organs, in 
context, also meets the Commission's indecency definition.11 

     13.  Moreover, the graphic descriptions of the male 
genitalia and the comments of the on-air personalities 
demonstrate that the material, in context, was used to 
titillate and shock. In this regard, we reject Entercom's 
assertion that these broadcasts are similar to material that 
the Commission has determined not to be actionably indecent.  
For example, the case concerning an episode of the ``Geraldo 
Rivera Show'' entitled ``Unlocking the Great Mysteries of 
Sex,'' was not patently offensive within the meaning of the 
statute because the program as a whole was a serious 
discussion of sex with people knowledgeable in such matters. 
See Letter from Chief, Complaints and Investigation Branch, 
Enforcement Division, Mass Media Bureau to Gerald P. McAtee 
(Oct. 26, 1989).  Here, contrary to Entercom's assertion, 
the material, in context, cannot be characterized as 
clinical, instructional or a bona fide newscast.12   

     14.  Section 503(b) of the Act and 47 C.F.R.  1.80 
both state that any person who willfully or repeatedly fails 
to comply with the Act or the Commission's rules shall be 
liable for a forfeiture penalty.  For purposes of 47 U.S.C. 
 503(b), the term ``willfully'' means that the violator 
knew that it was taking the action in question, irrespective 
of any intent to violate the Commission's rules, while 
``repeatedly'' means more than once.13  

     15.  The Commission's Forfeiture Guidelines set a base 
forfeiture amount of $7,000 for transmission of 
indecent/obscene materials.14  In the NAL, we proposed a 
$14,000 forfeiture based upon the broadcast of apparently 
indecent material on two separate occasions on May 30, 2001 
and June 1, 2001.  In this case, Entercom argues that a 
downward adjustment of the proposed $14,000 forfeiture is 
warranted because of the ``minor nature'' of the violations 
and because it has an excellent history of overall 
compliance with the Commission's rules.

     16.  The Forfeiture Guidelines specify that the 
Commission shall adjust a forfeiture based upon the 
consideration of the factors enumerated in section 
503(b)(2)(D) of the Act, such as nature, circumstances, 
extent and gravity of the violation, and, with respect to 
the violator, the degree of culpability, any history of 
prior offenses, ability to pay, and such other matters as 
justice may require.15  Although we disagree with Entercom's 
assertion that broadcast of indecent material on two 
separate occasions constitutes a minor violation, we believe 
that a downward adjustment of the forfeiture amount is 
appropriate in light of Entercom's record of compliance.   
After considering all the facts and circumstances, we 
conclude that a $12,000 forfeiture is appropriate in this 
case.16 

                    IV.  ORDERING CLAUSES

     17.  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, 
Entercom Seattle License, LLC FORFEIT to the United States 
the sum of twelve thousand dollars ($12,000) for willfully 
and repeatedly violating 18 U.S.C.  1464 and 47 C.F.R.  
73.3999. 

     18.  Payment of the forfeiture may 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 (30) days of the release of this Forfeiture 
Order.  See 47 C.F.R.  1.80(h).  The payment MUST INCLUDE 
the FCC Registration Number (FRN) referenced above, and also 
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 U.S.C.  504(a). 

     19.   IT  IS  FURTHER  ORDERED  THAT  a  copy  of  this 
FORFEITURE  ORDER shall  be  sent by  Certified Mail  Return 
Receipt  Requested  to  John C.  Donlevie,  Executive  Vice-
President, Entercom  Seattle License, LLC, 401  City Avenue, 
Suite  409,   Bala  Cynwyd,   Pennsylvania,  19004   and  to 
Entercom's  counsel,  Brian  M.   Madden,  Esq.,  Dennis  P. 
Corbett, Esq., and Philip A. Bonomo, Esq., Leventhal, Senter 
&  Lerman   P.L.L.C.,  2000  K  Street,   N.W.,  Suite  600, 
Washington, D.C.  20006-1809. 

                    
     
                         FEDERAL COMMUNICATIONS COMMISSION
                    

     
                         David H. Solomon
                         Chief, Enforcement Bureau

 
 
                         ATTACHMENT

Radio Station:           KNDD(FM), Seattle Washington
Dates/Time of Broadcasts:     May 30, 2001 and June 1, 2001, 
                    between 6 a.m. and 10 p.m.
Material Broadcast:           The Andy Savage Show


May 30, 2001 

AS:  Andy Savage
J:   Jody
B:   Bob, the Producer
MV:  Caller


AS:  That was the Red Hot Chili Peppers, 107.7, The End. 
     It's 7:16, I'm Andy Savage, along with Jody, Queen of 
     Normandy and Bob the Producer, who's filling in for 
     Steve the Producer. 

B:   Woop, Woop. 

AS:  50 going to 70 for the high today. It's going to be 
sunny 

J:   Was that your wacky producer noise right there? Woop, 
woop, woop, woop, woop! 

AS:  Bob, I don't think you should be saying anything 'cuz 
you lost on "Beat the Producer. 

B:   Alright, I'm Sorry, I'll be quiet. 

AS:  Meanwhile in India when they protest against the 
     federal government, you know they don't blow things up 
     or anything, they pull Jeeps with their penises. A uh, 
     Naga Sathu naked holy man was demonstrating again the 
     government harassment of naked holy men and to make 
     sure that they heard him he tied a rope around his 
     penis and pulled a Jeep. 

J:   He should have just used a megaphone like everyone 
     else. What the Indian government has a big problem with 
     naked holy men? Are they're running around crazy like? 

AS:  I guess so, I guess it's against the law. But he, I 
     guess, pulled a Jeep to prove his point. I'm sure it 
     was in neutral. I hope it was in neutral. 

J:   I can imagine it was in neutral. I'm sure it was one of 
     those like Suzuki Samurais too, not a big Hummer. 

AS:  Holy crap Nadi, he just pulled a Jeep and it was in 
park - he did it with his penis! 

J:   You always hear about guys lifting stuff and pulling 
     stuff with things attached to their penises. I think 
     that is incredible. Could you pull something with your 
     penis? 

AS:  Me?

J:   Like if I was to tie, let's say um, what if it was 
something small like. 

AS:  I'd pull my penis right off! 

J:   If it was something small like 

AS:  Like an acorn, yeah I can drag that around. 

J:   Like my orange. Let's say I tied a rope around my 
     orange and then tied the other end to your penis, and 
     you could pull that? 

AS:  Of course I could drag that. 

J:   How about a 13 inch TV? Like at what point do you 
think. 

AS:  If I think, I think if I was fully erect I could pull a 
13 inch TV.

J:   So you would have to be erect? 

AS:  Yes.

J:   Bob? 

AS:  Not for an orange though. 

J:   Bob, could you pull a 13 inch TV? 

B:   No. I'm not going heavier than ten pounds. I'm not.  
     That's about my cutoff, about ten pounds- erect, no 
     erect. Ten pounds.  

J:   Well what do you think the problem would be, that you'd 
     pull your back out or you'd actually pull your penis 
     off? 

B:   Perhaps. 

AS:  No, I don't think you'd pull your penis off with a TV 
that small. 

J:   Cause if these guys can drag stuff, why can't you? 
 
AS:  We're talking about a Jeep. Why, I don't know I've 
never tried nor do I care to try 

J:   I  want to see somebody pull something with their penis 
     right in front of me live, here in the studio. 

B:   You could do a lot of damage. 

J:   Really. 

B:   You could tear some tissue. You don't even want to joke 
around with....

AS:  Yeah. It's in there in some sort of socket I'm sure. 
     What if it just pops right out. That would suck. 

J:   Well it's like saying, you know, what if we're arm 
     wrestling and my arm pops out of the socket. 

AS:  That's true. 

J:   Things are attached with muscles and tendons. Your 
     penis is attached with muscles and tendons. 

AS:  No it's a tissue that fills with blood, that's all, 

J:   Well it's attached. 

AS:  Well yeah, it's just skin though. It's not like it's an 
attached bone. 

J:   Well if Naboo whatever can pull a Jeep with his 
penis....

AS:  Naga Sathu. 

J:   Do you think that he has some super penis? 

AS:  No. 

J:   And yours is not so super? 

B:   He's been practicing for a long ass time. He didn't 
first start with a Jeep. 

J:   What about those guys that ? 

AS:  Mr. Lifto from the Jim Rose Circus. 

J:   He lifts stuff. 

AS:  He lifts stuff with his penis and he lifts like 
concrete blocks doesn't he? 

B:   But he started small. 

J:   So you gotta start small and practice and build up. 

AS:  I'm sure there's a training regime just, like in any 
sport. 

J:   Really? 
     
AS:  You don't start out with a shot-put and throw it, you 
know, fifty you know .... 

J:   Yards. 

AS:  Right, whatever. You gotta start small. 

J:   With like an acorn for instance. 

AS:  I don't know. How do you learn how to, I guess it's 
     like anything. You practice, you get better. You pull 
     things with your penis. You go from an orange to a 13 
     inch TV to maybe a motorcycle. 

J:   Can I, can I put something out here, and if you don't 
     like what I'm about to say then go ahead and just say 
     Jody shut up. We have so many concert tickets right 
     now, just flying out of all our pockets - I say 
     tomorrow morning if someone is willing to come in here 
     and let me tie something onto their penis and if they 
     can pull it like five feet.... Maybe something like 
     five pounds, if they can pull it five feet here in the 
     studio, we'll give them concert tickets. Their choice. 

AS:  Well, I'll go along with that. But I mean I think it 
     should be a 'bid' thing. For example, Joe can call up 
     and say yeah I'll pull an orange for you five feet, big 
     deal. Who wants to see that? 

J:   But if someone else can pull a 13 inch TV? 

AS:  Right. Somebody who's gonna do something kind of 
     amazing, yeah we'd love to have you. 

J:   So their choice Godsmack & Deftones tickets or 

AS:  Three Doors Down. 

J:   Three Doors Down with Tantric and Lifehouse. 

AS:  Yes. 

J:   Their choice. 

B:   We're gonna see an amazing spectacle of penis pulling. 

J:   I wanna see some penis pulling. 

B:   I guarantee, I guarantee there's people out there that 
     can pull a lot of stuff with their penis and we're 
     gonna hear from them. 

AS:  Do you think there's a lot of people out there that 
     spend a lot of time practicing? I mean if they did, 
     wouldn't we hear about them in the news or like in some 
     show, like in the Jim Rose Circus? 

J:   You know certain people collect stamps? Other people 
     pull stuff with their penis. It's whatever your hobby 
     is. 

AS:  Well this guy did a freakin' Jeep. I don't think 
anybody is gonna do that well. 

J:   That's incredible.

AS:  Yes it is. How about a Volkswagen? 

J:   Some sort of smallish Cabriolet type thing? 

AS:  A little lighter, yeah? 

J:   No, we don't need something like that. I'm sayin' like, 
     you know, some sort of studio equipment that weighs 
     like ten pounds. 

AS:  Let's say, for example, we get 20 people to call in and 
     say yes, I can pull stuff with my penis. Why don't we 
     get all 20 in to pull the Volkswagen? 

J:   Wow. 

AS:  That'll make the news. 

J:   That'd be something. 

AS:  Alright. Well, check it out. 421-107. It's 7:21. Coming 
     up we're gonna give you a chance to win some 
     Godsmack/Deftones tickets in a different sort of way 
     and we're still waiting for the Stone Temple Pilots 
     "Days of the Week." 

J:   Yeah, (clapping) whew.

AS:  It should be here any minute now. 

     [Recorded Voice Over: 107.7, The End, Music News You 
Can Use -- with Steve the Producer. Now.] 

J:   If you enjoyed Weezer's new "Green" album you waited 
     four years for, it looks like you're not going through 
     that again. 

AS:  You have it, we have it.

J:   We have what? 

AS:  We have the new Stone Temple Pilots. 

J:   Oh nice. 

AS:  Alright, do that. 

J:   Alright, I'll do this real quick. 

J:   Uh, Weezer used one day off to go into the studio and 
     start recording new songs already. They've already laid 
     down demos for twelve new songs about sixteen minutes 
     of music. I'd imagine in case you are wondering, among 
     the new songs one is called "American Gigolo," there is 
     an instrumental called "Burnt Jamb" that is, j-a-m-b 
     like a doorjamb because they are clever. Mikey Walsh 
     the bassist says that they do want to put out a new 
     album every year just like the bands in the sixties use 
     to and that waiting four years was obviously a bad 
     idea. 

     Again Endless Summer Concert #6 are down with Tantric 
     and Lifehouse. Wednesday July 11, Pickeria, tickets on 
     sale Friday 4:00 p.m. at Ticketmaster $27.50. Also 
     Endless Summer Concert #7, Godsmack and Deftones 
     Friday, July 13 at the Gorge. Tickets go on sale 11a.m. 
     Ticketmaster, $35.00. Of course, listen all week to win 
     tickets before you can buy them here on the morning 
     show and inside of Endmail at 107.7.com for extra 
     chances to win. 

AS:  Yeah. 

J:   That's it. 

AS:  Traffic. 

J:   I-5 north bound heavy at south bound 88th street and 
     then messy from Oliver Place to Seattle Bridge. 1-5 
     south bound congested from 1-96 southwest to northeast 
     185th street and shoreline continues heavily at north 
     gate also sluggish approaching the ship Canal Bridge. 
     1-5 express lanes are heavy through the Convention 
     Center. 405 north bound congested from the Rednest 
     Curve to Colecreek Parkway. 405 South bound slow from 
     532 Northeast 85th Street and then heavy at Northeast 
     44th south. Stop and go through the Red Nest Curve and 
     then messy from 167 to the 1-5 Interchange at South 
     Center. 520 East Bound heavy stop and go throughout the 
     arboretum and that's your End traffic. 

AS:  Hmm. 

J:   You ready over there? 

AS:  Ah, yeah, I'm, I'm just thinking to myself, you know I 
     bet if we had twenty guys pulling on a Volkswagon with 
     their penises Q13 would cover it. 

J:   You think? 

AS:  Yes, I think they will cover it. 

J:   But we don't, do we have enough concert tickets for 
twenty guys? 

B:   Oh yeah. 

AS:  I'll buy them. 

J:   Yeah? 

AS:  Yes, alright, Brad. 

MV:  Yeah, I gotta question on this whole penis thing. 

AS:  Yeah. 

MV:  Well, dude seriously, how could you possibly attach it? 
     I mean are we talking duct tape? Are we talking ..... 

J:   No. No. 

AS:  Good question. 

J:   No, no. I'm thinking that we would tie some sort of 
string-like fabric around  ... 

AS:  No. You tie string and something that heavy that's 
gonna like rip the skin. 

MV:  Yeah. Jody I love you but you gotta understand its not 
built quite like that. 

J:   No, I've seen penises once or twice before. I can 
imagine that maybe bungee cord? 

AS:  What? 

AS:  Use one of hair scrunchies or like a wristband or 
     something and double-up and then tie some string to 
     that. 

J:   Well how? 

MV:  Yeah, well, I don't know. 

AS:  Hair scrunchies! 

MV:  I'm all for the contest and, more power to you, but 
     that poor guy. If we're talking like kite strings, god 
     help him. 

AS:  No, right. That would like sever the head right off, 
especially for the circumcised nadoos. 

J:   Oh, we're not doing it around the head, we're doing it 
     closer to the bottom of the shaft, you gotta get your 
     whole, I mean weights and levers. 

MV:  Yeah, but there's not like knobs down there. I mean 
what are you gonna  ..... 

AS:  There's not really anything to hold on to, it would 
slip all the way to the mushroom, if you will. 

MV:  Exactly. 

J:   There's not knobs. Are you sure? 

AS:  Yes. 

MV:  Last time I checked. No, that's what I was curious 
     about. I think it's a great idea, but man, it's gonna 
     have to be tape or something. 

AS:  Well you know Brad this is all for not if you don't 
     actually know how to pull anything with your penis or 
     have never practiced it, right. 

J:   I'm gonna have Bob, the producer, pull down his pants 
     real quick and we're gonna figure out some sort way to 
     tie stuff on it. 

AS:  Could you get us a hair crunchie please? 

J:   Scrunchie. 

AS:  Scrunchie. 

J:   We gotta trial and error here - is the way to attach 
things to your penis. 

AS:  First we'll have Bob try it. Thank you very much and 
     that's a fine point, you don't want to use like flimsy 
     bad string. 

MV:  Absolutely not. It's bad, bad news. 

J:   Nobody's duct taping anything to anybody's penis, 
believe you me. 

AS:  Alright. We'll investigate it, we'll look into it and 
     see how we can actually do it. Alright, coming up next 
     here check this out, this is ah, I'm not going to play 
     the whole thing or anything, just a piece of the new 
     Stone Temple Pilots called "Days of the Week". [Plays 
     two lines of music]. Alright that's next. The whole 
     thing on the End. 

     [Lengthy Commercial Break] 

                              *   *  *  *  * 

June l, 2001 

AS:  Andy Savage
J:   Jody 
B:   the Producer 
C:   Carl 
K:   Kevin
MV:  Male voice



AS:  Alright, you ready for some music news? It might take 
Carl a little while to get the harness on. 

     [Recorded Voice Over: 107.7, The End, Music News You 
     Can Use -- with Steve the Producer. Now.] 

J:   So, if you've been watching VH-1's "Most Shocking 
     Moments Of Rock. Listen to this. Mark McGrath, he's 
     from Sugar Ray, the front man, he's hosting it, he's 
     got a shocking past himself. If you've ever seen 
     Backstage Sluts, 1, 11 and 111. He was in that, doing 
     some shocking stuff. He agreed to do the show as long 
     as the network downplayed his involvement in that 
     series of porn films. He's in it, Fred Durst is in it, 
     and they're doing very nasty things with groupies. The 
     series director, porn star Matt Zane shot back at Mark 
     McGrath and he said that it was Mark's decision to be 
     in the film and even signed a release form. To have a 
     fellow artist censor you for your personal reasons is 
     the lowest of low acts that on can commit. So Matt 
     Zane, pom star, firing back at Mark McGrath. So 
     basically Mark was just like sure I'll host it if you 
     pretend like you never saw me in Backstage Sluts. 

     Blink 182 news. Drummer Travis Barker has a big 
     problem. He's been telling people that a deranged 
     stalker has been after him, broke into his house a 
     number of times, left letters in each room that read 
     ``I'm watching you, lock your doors.'' And then the 
     next day, letters again, ``P.S., lock your doors.'' 
     Travis, obviously freaked out, says since the incident 
     occurred he invested in two 140-pound Rottweillers and 
     now carries a gun to protect his family. He says it's 
     not really him that he's worried about, if it comes 
     down it he can kick the guy's ass. He's worried about 
     his girlfriend. Well you know, if it comes down to him 
     or this weird guy, he's like you know I'll just beat 
     him up. But if my girlfriend's in the house while I'm 
     on tour, that's what I'm worried about. He says now if 
     anyone comes into my house, they're gonna be sorry. 

     Rehab. Singers Brooks and Danny Boone say they've 
     always felt like oddballs in their native Atlanta 
     because they're white rappers. Hmmm, I wonder why they 
     would feel weird about that? They say we're the only 
     ones that I know of that are rapping. They say that 
     people usually look at white rappers as a novelty act. 
     But, ``To me, rhyming is poetry and that is dateless.'' 

J:   If I can get some of these penis guys out of the way 
here, I have some. . 

AS:  Wait a minute. I hate to interrupt, but we have a 
     problem here. Apparently crazy Carl can't get aroused 
     enough to get the harness on. 

J:   Oh really. 

AS:  Yes. 

C:   Actually, the harness that actually goes around the 
     scrotum is a little tight and I'm worried about.... 

AS:  Your testicles are too large. 

C:   We can't snap it through. 

J:   You're supposed to pull them through there crazy Carl. 
It's like a belt. 

AS:  Kevin, could you go over and help him? 

J:   Oh God. 

K:   That's not in my job description. 

AS:  Well Carl do what you gotta do. Would anybody else like 
     to try? I mean if you can't get the harness on we can't 
     pull the car. 

J:   I think Joe the modulator should step up and try. 

AS:  Yeah virgin. 

J:   While he's doing this, let me just mention this one 
     thing. If you sign up for Endmail at 1077theend.com for 
     your exclusive invitation to another penny pincher 
     concert with Rehab. It's Tuesday, June 12th at 
     Graceland. It's just a buck seven with your printed 
     Endmail invite. For Endmail listeners only. Of course, 
     you cannot get in unless you are on the Endmail list. 
     Just another reason to sign up for Endmail at 
     1077theend.com. 

AS:  And get there early or you still may not get in 'cause 
it's kind of a first come first serve. 

J:   Not kind of. 

AS:  There's a fire code you know. 

J:   It is.

AS:  Here's traffic. 

J:   I-5 Southbound heavy to just before the Orange County 
     line. 405 Northbound just heavy north of northeast 
     44th. 405 Southbound heavy just South of Southeast 
     124th. And 167 Northbound heavy off 15th Street to the 
     Green River. And heavy approaching the 405 interchange, 
     and that's in traffic. 

AS:  Alright. Kevin from Love Zone, these harnesses, are 
     they specifically made for larger men or what is the 
     deal here? I mean, how big do you have to be to get 
     into this harness? 

K:   I believe that they're kind of a one size fits all. 

AS:  Yeah? So you can be very small and it doesn't matter? 
     I'm not trying to make fun of anybody here. But, I 
     mean, maybe Carl has a half inch whatever and can't get 
     it thru the harness. 

MV:  I think Carl wasn't smart enough to it button and so 
     he's making up a story about ``Oh, I'm too big to put 
     it on.''

J:   Joel's making fun of crazy Carl. I feel things tensing 
     up in the studio. Joel, he's crazy. You never poke fun 
     at a crazy man. 

AS:  Alright. All you guys that are here, could you please 
grab a harness from Kevin. 

J:   Yeah. 

AS:  And try and put it on. 

J:   Yeah. 

AS:  And then we'll tie a piece of rope to it. And then 
we'll yank you around like dogs .

     [Lengthy Commercial Break] 

                            ****




_________________________

1  Entercom Seattle License, LLC, Notice of Apparent 
Liability, 17 FCC Rcd 1672 (EB 2002). 

2   Entercom also makes a general statement that it 
incorporates its argument, made in response to our letter of 
inquiry, that the material at issue is consistent with 
contemporary community standards for the broadcast medium.  
However, Entercom does not specifically challenge our 
reasons for rejecting that argument in the NAL.  In 
addition, Entercom contends that our definition of indecency 
is unconstitutional, citing Reno v. ACLU, 521 U.S. 844 
(1997).  However, the Commission previously has rejected 
constitutional challenges to our broadcast indecency 
standards based on Reno v. ACLU, a case which invalidated an 
indecency standard for the Internet. See, e.g., WQAM License 
Limited Partnership, 15 FCC Rcd 2518 (2000)(noting that the 
Court indicated that broadcast indecency regulations were 
justified based on significant differences between the 
Internet and the broadcast medium and between the standard 
in the statute at issue and the Commission's broadcast 
indecency standard).

3  See Sable Communications of California, Inc. v. FCC, 492 
U.S. 115 (1989); Miller v. California, 413 U.S. 15 (1973), 
rehearing denied, 414 U.S. 881 (1973). 

4  Sable Communications of California, Inc. v. FCC, supra 
note 3, 492 U.S. at 126.  

5  FCC v. Pacifica Foundation, 438 U.S. 726 (1978).  See 
also Action for Children's Television v. FCC, 852 F.2d 1332, 
1339 (D.C. Cir. 1988) (``ACT I''); Action for Children's 
Television v. FCC, 932 F.2d 1504, 1508 (D.C. Cir. 1991), 
cert denied, 112 S.Ct. 1282 (1992) (``ACT II''); Action for 
Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), 
cert denied, 116 S.Ct. 701 (1996) (``ACT III'').

6  ACT I, supra note 5, 852 F.2d at 1344 (``Broadcast 
material that is indecent but not obscene is protected by 
the first amendment; the FCC may regulate such material only 
with due respect for the high value our Constitution places 
on freedom and choice in what people say and hear.'').  See 
also United States v. Playboy Entertainment Group, Inc., 529 
U.S. 803, 813-15 (2000).  

7  Public Telecommunications Act of 1992, Pub. L. No. 356, 
102nd Cong., 2nd Sess. (1992); ACT III, supra note 5.

8  In FCC v. Pacifica Foundation, the Court quoted the 
Commission's definition of indecency with apparent approval.  
FCC v. Pacifica Foundation, supra note 5, 438 U.S. at 732.  
In addition, the D.C. Circuit Court of Appeals upheld the 
definition against constitutional challenges.  ACT I, supra 
note 5, 852 F.2d at 1339; ACT II, supra note 5, 932 F.2d at 
1508; ACT III, supra note 5, 58 F.3d at 657.

9  ACT III, supra note 5.

10 See, e.g., Three Eagles of Columbus, Inc.(KROR(FM)), 15 
FCC Rcd 13624, 13625, forfeiture reduced, 15 FCC Rcd 18902 
(EB 2000)(forfeiture paid).

11 Independent Group Limited Partnership (WWWE(AM)), 6 FCC 
Rcd, 3711, 3712 (MMB 1990); Goodrich Broadcasting, Inc. 
(WVIC-FM), 6 FCC Rcd 2178, aff'd 6 FCC Rcd 7484 (MMB 1991); 
KFI, Inc.(KFI(AM)), 6 FCC Rcd 3699, 3700 (MMB 1989), cited 
at note 10 of the NAL, supra note 1, 17 FCC Rcd at 1675.  
See, e.g., Capstar TX Limited Partnership (KTXQ(FM)), 15 FCC 
Rcd 19615, 19619 (EB 2000)(segment with discussion of 
deformities in male genitals); The Rusk Corporation 
(KLOL(FM)), 5 FCC Rcd 6332, 6334-35 (MMB 1990)(on-air 
discussion concerning shaving the female genitalia and on-
air reference to ``Aunt Vagina'').  

12   See, e.g., GA-MEX Broadcasting, Inc. 
(WAZX(AM)/WAZX(FM)),  DA 01-996 (EB May 1, 2002).

13  See Southern California Broadcasting Co., 6 FCC Rcd 4387 
(1991). 

14  47 U.S.C.  503(b)(2)(D).  See also 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'').  Forfeiture Guidelines, 
supra note 13, 12 FCC Rcd at 17113.   

15  47 U.S.C.  503(b)(2)(D).  See also Forfeiture 
Guidelines, supra note 14, 12 FCC Rcd at 17100-01. 

16  See, e.g., Regent Licensee of Flagstaff, Inc. 
(KZGL(FM)), 15 FCC Rcd 17286 (EB 2000)(forfeiture 
paid)(downward adjustment of forfeiture assessed for 
indecency violation based on licensee's record of 
compliance).