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

In the Matter of                )  File  No.  EB-01-IH-0124, 
                                )  and EB-01-IH-0408
Emmis Radio License Corporation )  NAL/Acct.             No. 
                                )  FRN 0001-5293-46
Licensee of Station WKQX(FM),   )  Facility ID # 19525
Chicago, Illinois               )

                      FORFEITURE ORDER

   Adopted:   October 31, 2002          Released:   November 
1, 2002

By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1.  In this Forfeiture Order, we impose a forfeiture of 
$21,000 on Emmis Radio License Corporation (``Emmis''), 
licensee of Station WKQX(FM), Chicago, Illinois, 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 complaints that WKQX(FM) 
broadcast indecent material on March 6, 2001, March 7, 2001 
and May 17, 2001 between 8:00 a.m. and 9:00 a.m. during the 
``Mancow's Morning Madhouse'' (``Mancow'') program.  The 
complainant submitted a tape of each of the Mancow programs 
containing the allegedly indecent material.  After reviewing 
the complainant's tapes, we issued letters of inquiry to 
Emmis that included transcripts of the tapes submitted by 
the complainant.  See Attachment.  In its response, Emmis 
stated that it could not verify the accuracy of the 
transcripts because WKQX(FM) does not routinely archive 
tapes or transcripts of its programming.  However, Emmis 
argued that even assuming the accuracy of the transcripts, 
the programming at issue is not patently offensive as 
measured by contemporary community standards for the 
broadcast medium, and thus is not actionably indecent.  

     3.  On March 21, 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 

     4.  Emmis submitted a response challenging the NAL's 
findings, which we will address here.2  Emmis argues that 
the complained of material does not satisfy the Commission's 
definition of broadcast indecency and thus that the NAL 
should be rescinded and the proposed forfeiture cancelled.  

                      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 of 1934, as amended (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. § 

     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.  See Industry Guidance on the 
Commission's Case Law Interpreting 18 U.S.C. § 1464 and 
Enforcement Policies Regarding Broadcast Indecency, 16 FCC 
Rcd 7999, 8015 ¶ 24 (2001)(``Indecency Policy Statement'').  
``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, 16 FCC 
Rcd at 8003 ¶ 10. 

     8.    As discussed below, we reject Emmis's assertion 
that the broadcasts on March 6, 2001, March 7, 2001 and May 
17, 2001 were not patently offensive, and thus do not meet 
the Commission's definition of indecent material.  We 
conclude that these broadcasts violated the Commission's 
indecency rule.

     9.    First, we disagree with Emmis's assertion that 
the sexual references contained in the material broadcast on 
March 6 and March 7, 2001 rely solely on innuendo and are 
not explicit or graphic.  In any event, the Commission has 
repeatedly held that ``innuendo may be patently offensive 
within the meaning of our indecency definition if it is 
understandable and clearly capable of a specific sexual or 
excretory meaning, which in context, is inescapable.''10    
The material broadcast on March 6, 2001 contains sexual 
innuendo, including references to oral sex, genitalia, 
masturbation, ejaculation and excretory activities. Contrary 
to Emmis's assertion, the sexual references broadcast on 
March 6, 2001 were not fleeting.11  The material broadcast 
on March 7, 2001, which concerns the effect of a sexual 
stimulant on a female cast member and the reaction of others 
present to her sexual response has a sexual meaning that is 
unmistakable.  We also reject Emmis's argument that the 
material broadcast on March 6, 2001 and March 7, 2001 does 
not appear to have been presented to pander, titillate or 
shock.  Moreover, the material broadcast on March 6, 2001 
and March 7, 2001 is similar to other material that has been 
found to be patently offensive.12 

     10.   Emmis also asserts that the May 17, 2001 
broadcast contained warnings about the content of the 
material, and that our NAL did not discuss the relevance of 
these warnings.  However, the NAL found that ``[t]he 
presence of the warnings, considering the overall context of 
the [May 17, 2001] broadcast, is not a sufficient basis to 
conclude that the sexual references are not patently 
offensive.''13  In this regard, Emmis also argues that the 
May 17, 2001 broadcast relies heavily on innuendo and 
oblique references, and is not pandering, titillating or 
shocking.  We disagree.  As we stated in the NAL, the 
material broadcast on May 17, 2001, which includes numerous 
sexual references during a discussion among women in the 
``Mancow'' program's ``lava lamp love lounge,'' in context, 
has a sexual meaning that is unmistakable, and is similar to 
other material found to have clearly understandable sexual 
references and that has been found to be patently 
     11.  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.15  In assessing a 
forfeiture, we take into account the 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. 16   

     12.  The Commission's Forfeiture Guidelines set a base 
forfeiture amount of $7,000 for transmission of 
indecent/obscene materials.17  After considering all the 
facts and circumstances, we conclude that the base 
forfeiture amount is the appropriate sanction for each of 
the occasions on which WKQX(FM) broadcast  indecent 

                    IV.  ORDERING CLAUSES

     13.  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, 
Emmis Radio License Corporation FORFEIT to the United States 
the sum of twenty-one thousand dollars ($21,000) for 
willfully and repeatedly violating 18 U.S.C. § 1464 and 47 
C.F.R. § 73.3999. 

     14.  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). 

     15.  IT IS FURTHER ORDERED THAT a copy of this 
FORFEITURE ORDER shall be sent by Certified Mail Return 
Receipt Requested to J. Scott Enright, Vice President, 
Associate General Counsel and Assistant Secretary, Emmis 
Radio License Corporation, 40 Monument Circle, Indianapolis, 
Indiana  46204 and to Emmis's counsel, Eve J. Klindera, 
Esq., Wiley Rein & Fielding LLP, 1776 K Street, N.W., 
Washington, D.C.  20006. 

                         David H. Solomon
                         Chief, Enforcement Bureau



Radio Station:      WKQX(FM), Chicago, Illinois
Date/Time Broadcast:     March 6, 2001, between 8:05 a.m and 
8:25 a.m.
Material Broadcast: Mancow's Morning Madhouse

The Yelling Guy (Y)

Y:   Hey this is Anger Anderson, the yelling guy and I want 

to talk about how my spunk-a-thons are always killed by 

manly mugs.  When I flog my beef stick while watching some 

pink in a porno, I don't wanna see some guy's face, 

seriously people am I right?  Guys in pornos are butt ugly, 

and right when I'm ready to shoot airborne like number 23 in 

his heyday, I gotta see some porno dude's face.  God, the 

guys in pornos look like they want to kill these broads.  

Their faces are so contorted they look like they just 

smelled a fart, you know the kind of fart right after you've 

eaten chimichangas, and right before you take a big sh-(beep 

to cover the word ``shit'').  Focus on the girl, I don't 

want to see shaved porno guy luggage either.  Show me the 

pink and all the porno guys are just dripping sweat.  Hell, 

I don't like to work that hard when I box-bang.  Oh, also I 

don't like those endless shots of girls smoking pole.  It 

makes me feel like a homo, get to the sex and keep the 

camera on the pink, Spielberg.

***  ***  ***

Radio Station:      WKQX(FM), Chicago, Illinois
Date/Time Broadcast:     March 7, 2001, between 8:00 a.m and 
8:46 a.m.
Material Broadcast: Mancow's Morning Madhouse

M:   Mancow

FV1: Female Guest 

FV2: Female Cast Member

MV1: First Male Cast Member

MV2: Second Male Cast Member

***     ***     ***

M:   Alright listen. Yeah, that's right. Yeah.  I see his 
point.  Let's go to Laurie.  Laurie, Hello.  

FV1:      How are you?

M:   Hi Laurie. Is this stuff legal?

FV1:      Yes it is.

M:    Okay.  Here's what I want you to do.

FV1:      Yeah.

M:   Not you, Laurie. Prison Bitch (First Male Cast Member) 
     I want you to go over there and I want you just to rub, 
     rub her bottom.

MV1 :      Alright.

FV2:       Oh no, oh my gosh.  

MV2:      How does he get the good jobs here?

M:   Is it okay?  Does he have permission to rub your 

FV2:      Yeah.  I suppose he has permission. Woah.  

MV2:       All those months of smelling your finger it's 
finally paid off for you.

MV1: Which hand?

M:   Okay.  Use both hands.  Just stand behind her and just 
     kind of rub her a little.  How many of these bottles 
     have you had?

FV2:      I've had two.  Woah.  Oh my gosh.

M:   Is it like ecstasy?  Have you done ``ex'' before?

FV2:      Mancow, I've never done ex before but...

M:   Now be serious.

FV2:      I'm feeling this constant rush.  

M:   Okay.

FV2:      Honestly.

M:   Well, is it possible that it is just packed with 
caffeine?  What are you doing?  Rub her ass.

MV1:       I'm rubbing.

[Background laughter]

FV2:      He is rubbing.

MV2:       He's doin' it.  He is doin' it.

FV2:      [Laughing].  Oh my gosh...

M:   And you don't stop.  By the way that's the greatest...  
     Do you want me to show you how to rub it?

MV2: He's rubbing her ass like it's his husband Robert in 
front of him.

MV1:      Yeah.

M:   Yeah they're in the prison cell, Prison Bitch. Yeah.

[FV2 laughing]
FV2:      No, but seriously this really works.  I'm feeling 
Duncan Hines right now.

M:   Now wait, you're feeling wet and gooey?

FV2:      Yes.

M:   Is it possible...

FV2:      Yeah.

M:   Is it possible that it's psychosomatic?  Well let me 
     tell you the drink is called ``Niagra.''  We've heard a 
     lot about this and uh other women have told me that it 
     works.  What are you doing?

FV2:      [laughing such that what she is saying is 

MV2:      He's rubbing her butt.

M:   Don't stop, don't stop dude.

FV2:      Really I think that I have to go home and take 
care of this problem right now.

M:   Can he rub up front a little bit?

FV2:      [laughing] I don't know about that.

M:   Listen.  Listen.  Let me say something to you.  Hey 
little girl...

MV2:      That doesn't sound like a ``no'' to me.

M:   You can see what she looks like at  Can I 
just say something to you little girl?

FV2:      Yeah Mancow.

M:   Don't think it's the ugly big nosed dork behind you.  
Just imagine it's me right there.

FV2:      Okay. Why can't it be you?

M:   Close your eyes.

FV2:      Okay.

M:   When was the last time that you had some action?

FV2:      Um, actually last night, Mancow.  Um my a 
     boyfriend -I'm not very sexually experienced you know- 
     and my boyfriend, he wanted to get me up to two fingers 
     but I was kind of reluctant. And um he did it.  And uh 
     it was incredible.  But um I had some of this Niagra 
     stuff and I was pretty moist and um...

M:   Okay.  All right, all right.  You must have just gotten 
     out of the shower. Your whole body was wet.    

FV2:      Right.

M:   Seriously, do you really think it's real or is it 

FV2:      No, Mancow.

M:   How nice is that ass?

MV2:      That's a nice ass.
MV1:      Okay, wait a minute. Look, look...


M:   He's got a woody.  He's got a woody.  Prison Bitch has 
a woody.   Prison Bitch has a woody. 
FV2:      No he doesn't ...

MV1:       I do too.

M:   But how could you not ?  How could you not?  How could 
     you not?  How could you not? How could you not?

MV2:      But you're saying is this stuff for real.  Look at 
     Prison Bitch's face.  He looks like... He looks like 
     that Gonzo from the muppets.  Look at that nose on him.  
     There's no way that you could get turned on by him 

FV2:      Seriously, I think that this stuff really does 

M:   Laurie, Laurie is the creator of a of Niagra.  

MV2:      He's slapping her ass.  He's spanking her.

M:   Don't slap it, rub it nice.

FV2:      He's getting violent.

M:   Laurie, Laurie, talk to me about this stuff.

FV1:      Yes. This is a herb drink that comes from Sweden 
     and it's got the main ingredient that is a sexual 
     stimulant for the women is the domiana amate.

M:   Those were uh two people that were on ``Survivor'' 
several years ago.

FV1:      Exactly.  [Laughs].

M:   And uh, talk to me about this.  Okay.  So, so it really 
does work?

FV1.      Yes it does work.  

M:   How can people get this stuff?

FV1:      Okay.  Right now we are the national distributors 
for the United States, Canada...

M:   Gotcha.  How can they get it?

FV1:      They can call our number at (501) xxx- xxxx.  

M:   How many uh drinks does it take before uh a stranger be 
willing to open her legs for me?

FV1:      Uh, one drink and within twenty minutes you'll 
feel it in your body.

FV2:      That's true.  Right after twenty minutes...

MV2:      She just raised her hand when you said that.

FV2:      Exactly. Right after twenty minutes I was just 
feeling it. 

FV1:      Right.

FV2:      I was feeling so excited and invigorated.  It was 

M:   When you say excited are you talking about in a uh 
sexual way?

FV2:      In a sexual way, Mancow. I mean, I felt it.

M:   Well let me tell you something. I haven't had a sip of 
     this stuff and I am... I'm turned on right now.  `Cause 
     you got, you got a hot little body.  She does have a 
     great body.  

MV2:      I'm turned on just by seeing Prison Bitch with 

MV1:       She's got a smokin' little can.

M:   What?  What?

MV1:      Your can smokes. 

FV2:      Thanks, Prison Bitch.  I appreciate that.

M:   She's got a smokin' ass.

MV1:      She's got a smokin' little can. 

FV2:      And he's still rubbing my butt.

M:   Yeah. Keep rubbing it.   

FV2:      Get him to rub something else.

MV1:      See these real hands.  We're making real love


Who are you?

My name is Kucky, Kucky Galore
My name is Kucky, Kucky Galore

M:   Look at her giggling, leaning forward.  Her face all 
flushed.  Oh, I want me some of that.

Who are you?
My name is Kucky, Kucky Galore.
My name is Kucky, Kucky Galore.

***  ***  ***

[Back to the dialogue with FV2, who drank ``Niagra.'']

M:   So you did this drink?

FV2:      Yes, Niagra.  

M:   They're saying it really does...  And you are legit... 

It's not just caffeine, you're horny.  

FV2:      Mancow, I swear on my life, this really turns me 


M:   Are you gonna... Are you gonna act like you did on that 

     ``Spring Break'' video when you went down, down, down 

     with that girl...

[Mancow plays the video.  The audio portion of the video can 

be heard from the studio.]  

[There is the sound of water splashing.]  

Male voice on video:  You better get in the water.   

M:   Here's a little video she didn't want us to find but 

     the rest of American's seen it. ``Girls Gone Wild At 

     Mardi Gras''  

Second Male voice on video:  It's my turn.

Male voice:  We want it down lower, lower...

Female voice on video:  Here?  Here?

M [over the audio portion of the video]:  Here's Freak's 


Male voice:  No, we want it down.  We want it here, here...

Female voice: Ready?  

Male voice: Go deep. 

Female voice: Get your mouth down there.  Here it comes.

Male voice:  Lower...  

M:  I love little whores like her.  Young stupid little 


Male Voice:  Now go deep.  [Sound of cheering in the audio 

portion of the video]

M:  There she is, her mouth is filled... 

***     ***     ***


Radio Station:      WKQX(FM), Chicago, Illinois
Date/Time Broadcast:     May 17, 2001, between 8:03 a.m and 
8:49 a.m.
Material Broadcast: Mancow's Morning Madhouse

Mancow    -    M

Doyle          -    D

Freak's Niece  -    F (a female member of the cast of 

Mancow's Morning Madhouse)

Girls          -    G

M:   Let's go to Doyle, Doyle hello.

D:   Hey Mancow, how are ya?

M:   Good man, what can I do for you?

D:   Well, uh, every time I bang my fiancée, I realize that 

     I can't possibly get off unless I fantasize about ex-

     girlfriends or women I'd like to be with, and I just 

     want your advice.  I just want to know if you think 

     this is innocent or if it's cheating.  I mean you might 

     want to hear some of my fantasies, and you can judge 

     for yourself if I've got a problem here.

M:   Okay, first of all, first of all, I want to tell 

     everybody that this is a show done by adults for 

     adults, uh, banging girlfriends and all of this.  If we 

     are going to have a serious conversation I'd like to 

     make it somewhat medical.  Freak's Niece is gathered in 

     the lava lamp love lounge.

F:   That's right Mancow.

M:   We've got 35 girls, something like, sittin on beanbags.

F:   Like 40 women just chilling on beanbags.

M:   Doyle...

D:   Okay, maybe I should rephrase it.  Okay, when I'm 

reaming my bitch...

***Girls say collectively, Oh no.

M:   No, no, that is not appropriate, and I want to 

     apologize to our listeners.  Listen Freak's Niece....

***     ***     ***

F:   Janet Jackson's a size Queen, does size matter?

G:   Yes....

F:   I am so sick of hearing it doesn't, you know matter 


G:   The motion of the ocean.

F:   Yeah, please, it doesn't matter how big it is, it 

     matters how you use it baby, please - NO... no.

G:   It does matter how big it is.

F:   It does.  What's the biggest you've ever?

G:   Salami girth...

F:   Italian salami?

G:   Go girl!

G:   A pro football player was huge.

F:   How big was huge?

G:   Um... a forearm.

F:   Wow -- lucky you.

G:   My forearm, I have small forearms.

F:   Still lucky you.

G:   I was dating a guy who was on the crew team for Yale, 

     and let's just say an oar's width.

F:   I think that girth is so very important because it 

     just, you know... well, it just really feels very good.  

     And it's important, I think, you know... just a nice 


G:   Subway submarine - all protein and no fat grams.

F:   Wait I have a question.  I have a question though.  

     Don't you think that too big can be too big?

G:   Yeah, it can be painful.

     The straddle walk looking like a...

F:   Yeah, that's not fun.  That's not fun.

G:   I don't think that size matters with back door sex 


M:   Okay, okay, alright. I'm going to shut it down here for 

     a minute.  Listen, we uh absolutely have to keep it 

     clean. We're on the radio and again, if you're easily 

     offended, please turn off the radio. We are having a 

     serious conversation, and uh, hopefully medical terms 

     about things of a sexual nature.  Uh, certainly a 

     relationship nature.

***     ***     ***

F:   Do any of you ladies do the two finger swirly?

G:   Yeah, all the time.

     I don't just use two fingers though.

     I'm doing it now.

F:   How often do you jill off?

G:   Once a day at least.  In the morning before I go to 


F:   Wow, good for you.

G:   I'm maybe once a month.

     I had three yesterday.

     Before I go to bed for a good night's sleep

F:   For a good night's sleep, yeah.

G:   Couple times a day just depending on how busy my 

workload is

G:   I think that it depends on if there is a guy in my 


     Or the lack of guy in my life.

G:   Do you do it like in the office?

G:   If there's a guy in my life, that really, and we're not's the preliminaries.  And I'll go home.  

G:   Yeah. Definitely.

G:   The warm up.

     It increases when you start dating somebody, and then 

     it kind of decreases when you've been dating them for a 


***     ***     ***

F:   What does stuff taste like?  And you know what stuff 

     I'm talking about.  The stuff...

G:   It depends on what the man eats.  Warm salt butter.

     It's his nutrition it really is.


     It's good for your hair.

F:   It's good for your hair (laughs).  Honey, will you 

condition my hair tonight?

G:   I recently had a guy who was surprising sweet.  Like I 

     had never experienced it before.  It was like sugar, 

     like molasses.

F:   Does he eat like a lot of oranges or...

G:   He must be on some Vegan diet or...

     Have you ever been with a guy who's eat'n like jalapeño 

     peppers or something like that - really spicy, and you 

     are like what, and it's just not right?

F:   No, it's just pungent.  Have you ever had the pungent 


G:   Oh definitely...

M:   [Cuts off discussion]  Okay, again it's a little um-


F:   Ladies, keep it clean

***     ***     ***

M:   Alright, next question.

F:   Alright.  Guys like apparent panty lines.  Guys like 

apparent panty lines and camel toe.  Do you  know what camel 

toe is?  It's when the big front... uh.

M:   [Ahem, clears his throat]

G:   It's uncomfortable, it hurts, it's hard to sit.

     If I was a guy, I wouldn't want to see panty lines

G:   Yeah, panty lines are tacky.

     [unintelligible]  hanging out the side of them.

     You would think that they wouldn't want to see panty 

     lines because you know that means that you aren't 

     wearing any underwear.  If you can't see `em.

G:   That's the whole reason behind thongs, so that you 

know, I mean, thongs are sexy.

     Pants off.

G:   When you take your pants off, and you have a thong on, 

you know that turns them on.

     Totally, when you take your pants off right from behind 

     and that thong going down.

     Personally, I like the panties that have a little stuff 

     missing down there... I'm not sure if I can say that 


G:   Crotchless. 

     Yeah, yeah.

Camel Toe Song

[Sound effects of rubber being squeezed and twisted]

Guy: Oh-my-God, look at the clam on that bitch.

Song:     She's got a crack in the back and a crack in the 

front, it's called camel toe/

     Camel toe.

     She's got a bulge like a man, but it's just her clam.  

Yeah it's camel toe.

     Camel toe.

     She's so... damn tight.

***Music continues under


1  Emmis Radio License Corporation, Notice of Apparent 
Liability, 17 FCC Rcd 5263 (EB 2002). 

2   Emmis repeats arguments made in response to the letters 
of inquiry with respect to the complained of broadcasts.  
Specifically, Emmis argues that the March 6, 2001 broadcast 
is less explicit than broadcasts in which no enforcement 
action was taken, citing the same decisions contained in its 
response to our letter of inquiry.  In addition, Emmis 
repeats its arguments that the complaints at issue were 
initiated by a single individual or group and do not 
accurately reflect a national community standard for the 
broadcast medium.  Because we believe that these arguments 
were adequately addressed in the NAL, we do not address them 
again here.    

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 Citicasters Co. (KSJO(FM)), 15 FCC Rcd 19091, 19092 (EB 
2000), citing San Francisco Century Broadcasting, L.P., 8 
FCC Rcd 498 (1993).  See also,GA-MEX Broadcasting, Inc. 
(WAZX(AM)/WAZX(FM)), 17 FCC Rcd 8143 (EB 2002)(forfeiture 

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

12   See, e.g.,GA-MEX Broadcasting, Inc., supra note 10, 17 
FCC Rcd 8143 (EB 2002)(forfeiture paid); Telemundo of Puerto 
Rico License Corp. (WKAZ-TV), 16 FCC Rcd 7157 (EB 
2001)(forfeiture paid); Citicasters Co.(KEGL(FM)), 16 FCC 
Rcd 7546 (EB 2001)(forfeiture paid); Communicast 
Consultants, Inc.(KRXR(AM)), 15 FCC Rcd 18730, aff'd 15 FCC 
Rcd 19697 (EB 2000); Citicasters Co.(WXTB(FM)), 13 FCC Rcd 
15381 (MMB 1998)(forfeiture paid).

13   Emmis Radio License Corporation, supra note 1, 17 FCC 
Rcd at 5267.  Emmis includes a purported citation to ¶ 34 of 
the Indecency Policy Statement.  To the extent that this 
citation is intended to suggest that we failed to completely 
address Emmis's argument concerning the presence of 
warnings, we note that the Indecency Policy Statement 
concludes at ¶ 31 and does not contain a paragraph numbered 

14   See, e.g., Citicasters Co.(KEGL(FM)), supra note 12; 
Three Eagles of Columbus, Inc., supra note 11; American 
Television and Radio Company, Inc.(WFBQ(FM)/WNDE(AM)), 6 FCC 
Rcd 3692, 3693 (MMB 1990); Infinity Broadcasting Corporation 
of Pennsylvania (WYSP(FM)), 3 FCC Rcd 930, 932 (1987).

15  See Southern California Broadcasting Co., 6 FCC Rcd 4387 

16  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'').

17  47 U.S.C. § 503(b)(2)(D).  See also Forfeiture 
Guidelines, supra note 15, 12 FCC Rcd at 17113.