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                         Before the
              FEDERAL COMMUNICATIONS COMMISSION
                   Washington, D.C.  20554


In the matter of                 )
                                )
Edmund Dinis                     )
                                )
Licensee of                      )  File No.  EB-01-IH-0078
WJFD(FM)                         )  NAL/Acct. No. 200332080002
                                )  FRN No. 0005-0201-02
New Bedford, Massachusetts       )  Facility ID No. 18720


         NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: December 12, 2002                   Released: 

December 13, 2002  


By the Chief, Enforcement Bureau:

                      I.  INTRODUCTION

     1.  In this Notice of Apparent Liability for Forfeiture 
(``NAL''), we  find that Edmund Dinis,  licensee of  Station 
WJFD(FM), New Bedford, Massachusetts, and former licensee of 
Station  WSPR(AM)   Springfield,  Massachusetts,  apparently 
violated  18 U.S.C.    1464  and 47  C.F.R.   73.3999,  by 
willfully  broadcasting  indecent   programming  on  Station 
WSPR(AM) on four  occasions.1  Based upon our  review of the 
facts and circumstances  in this case, we  conclude that Mr. 
Dinis is apparently liable for a forfeiture in the amount of 
twenty-two thousand four hundred dollars ($22,400).

                       II.  BACKGROUND

     2.  We  received a complaint  on January 30,  2001 that 
alleged that Station WSPR(AM) broadcast indecent material on 
its morning show during the  period December 5, 2000 through 
January  22,  2001.  The  complainant  supplied  tapes of  a 
morning  show  for  various  days during  this  period.   We 
translated the  Spanish-language material  on the  tapes and 
found  that portions  of  the programming  broadcast by  the 
station  warranted Commission  scrutiny (see  Attachment A).  
The programming  at issue  consists of jokes  involving anal 
sex, oral sex, excretory  activities, and sexual intercourse 
with a child present.  On August 8, 2001, we issued a letter 
of inquiry to  the licensee enclosing a  transcript of those 
portions  of the  tapes  as translated  by  our staff.   Mr. 
Dinis,  by counsel,  submitted  a response  on September  5, 
2001.

     3.  In  his response, Mr. Dinis  questioned whether the 
material  was  broadcast  on WSPR(AM).   He  indicated  that 
because the  employees who were responsible  for programming 
at that  time have all left  his employ and he  did not have 
tapes of the  broadcasts, he has no way  to reliably confirm 
or  deny  whether  the   programming  was  aired.   He  also 
questioned whether  the translation  was accurate.   On June 
13, 2002,  we sent  Mr. Dinis copies  of the  cassette tapes 
submitted  by  the  complainant that  contain  the  segments 
translated and transcribed.  In  response, on July 30, 2002, 
Mr.  Dinis confirmed  that the  translation of  the Spanish-
language  material  is  substantially  correct.   Mr.  Dinis 
stated  that he  still cannot  confirm or  deny whether  the 
material aired on Station WSPR(AM).  He asserts that even if 
the material  described in  our letter  of inquiry  aired on 
WSPR(AM), it is not patently  offensive and, thus, it is not 
actionably  indecent.  In  mitigation, Mr.  Dinis argues  1) 
that four of  the six passages are jokes told  by callers to 
the on  air show, 2) that  the employees at the  time of the 
alleged  broadcasts   have  been  dismissed,  3)   that  the 
replacement   employees   were  instructed   regarding   the 
Commission's   rules   concerning  broadcast   of   indecent 
programming, and 4) that he  has a good record of compliance 
with the indecency rule throughout  20 years of operation of 
Station WJFD(FM).

     4.   In  his  September  5, 2001  response,  Mr.  Dinis 
asserted that he cannot tell from the Commission's letter if 
the  programming in  question aired  between 6  a.m. and  10 
p.m.,  the   time  period  during  which   the  Commission's 
prohibitions   regarding   indecency    apply.    Based   on 
announcements of  the time given  on the tapes  in question, 
the material in the attached transcript aired between 7 a.m. 
and 9 a.m. on the dates indicated.

                      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.2  In contrast, federal  courts have held that indecent 
speech is  protected by the First  Amendment.3  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.4  However, the First Amendment is a critical 
constitutional limitation that demands we proceed cautiously 
and   with  appropriate   restraint.5   Consistent  with   a 
subsequent  statute and  case law,6  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 or material that in 
context, depicts or describes, in terms patently offensive 
as measured by 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)).  This definition 
has been specifically upheld by the federal courts.7  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.8 

     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   (2001)   (   24)  (``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 
material; (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.  The  complained of material, in  context, refers to 
sexual and excretory organs and activities and thus warrants 
scrutiny.   We  find  that  the  material,  in  context,  is 
patently offensive  when considered under the  three factors 
set out in the Indecency Policy Statement. 

     9.  The first key  factor concerns whether the material 
is explicit  or graphic.   We find  that the  programming at 
issue contains  explicit depictions  of anal sex,  oral sex, 
excretory activities,  and sexual  intercourse with  a child 
present.  The  jokes' sexual  and excretory import  is lewd, 
inescapable and understandable.  Mr. Dinis also asserts that 
the jokes were  fleeting.  We disagree.  The  jokes were not 
isolated  spontaneous remarks.   The jokes  at issue  are of 
substantial duration, and were  apparently a regular feature 
on the morning show on Station WSPR(AM).

     10.  We also  find that the material was  aired for its 
shock value.  Accordingly, we find that each of the portions 
of the programming contained in the attached translation are 
so patently offensive as to be indecent.  The Commission has 
previously found the airing of similar programming indecent.  
See Citicasters  Co. (WXTB(FM)),   13 FCC Rcd  22004 (1998), 
aff'd,  15   FCC  Rcd   11906  (2000);   Sound  Broadcasting 
Corporation (KCNA(FM)), 6 FCC Rcd. 2174 (1991), aff'd, 6 FCC 
Rcd 5961 (MMB 1991).  

      11.  Mr.  Dinis asserts in his July  30, 2002 response 
that the language used is not  as coarse and explicit as the 
language used in other broadcasts  that were found not to be 
actionably  indecent.9   Mr.  Dinis   cites  cases  that  he 
believes contain more  offensive language.  The Commission's 
indecency  prohibitions  do  not  turn on  the  use  of  any 
particular language.  See Indecency Policy Statement, 16 FCC 
Rcd at 8002  9 (explicit  language in the context of a bona 
fide  newscast may  not be  indecent, while  sexual innuendo 
that persists and  is sufficiently clear to  make the sexual 
meaning inescapable might be);  compare Peter Branton, 6 FCC 
Rcd  610   (1991)  (subsequent  history   omitted).   Having 
considered the programming at issue  in the context in which 
it was broadcast,  we find that the programming  at issue is 
patently  offensive  and  therefore that  it  is  actionably 
indecent. 

     12.  The  licensee asserts that  the fact that  some of 
the   material  originated   with   callers   should  be   a 
consideration   in  determining   whether   a  sanction   is 
warranted.  The jokes reflected  in the attached transcripts 
were neither  isolated remarks  nor were the  jokes fleeting 
remarks.   Instead, the  jokes were  broadcast as  a regular 
feature of the  morning show on WSPR(AM).  We  find that the 
station  was promoting  the airing  of jokes  of this  type.  
Indeed, some of the jokes  originated from the radio station 
staff.  Thus,  we find that  Mr. Dinis should be  held fully 
responsible for the  programming aired.  We do  not find the 
fact that  some of the indecent  programming originated with 
callers  to  be mitigating.   See  Rubber  City Radio  Group 
(WONE(FM)), 17 FCC Rcd 14745 (EB 2002) ( 7).

     13.  Mr. Dinis also asserts the fact that the employees 
of Station  WSPR(AM) at the  time of the  alleged broadcasts 
have  been  dismissed,  and  that  their  replacements  were 
instructed  regarding  the  Commission's rules  relating  to 
indecent broadcasts.  As a Commission licensee, Mr. Dinis is 
responsible for  assuring that the programming  broadcast on 
his stations  does not  violate the Commission's  rules.  In 
this  case,  the  indecent  programming  was  more  than  an 
isolated incident.   It is  well established  that licensees 
are  ultimately   responsible  for  the  actions   of  their 
employees.  See  Empire Broadcasting  Corp.,  25  FCC 2d  68 
(1970).  Furthermore,  a forfeiture  will not be  excused by 
reason of subsequent remedial action  and we do not consider 
the action taken in this  case to be mitigating. See Brittan 
Communications International  Corp., 15 FCC Rcd   4852, 4855 
(2000).

     14.   Finally, Mr.  Dinis asserts  that he  has a  good 
record of  compliance over more  than 20 years of  being the 
licensee of Station WJFD(FM).  While  this does not excuse a 
violation, this  factor is  mitigating when we  determine an 
appropriate forfeiture amount.

     15.  Thus, we find that  on four different dates Edmund 
Dinis apparently  violated the  prohibitions in the  Act and 
the Commission's rules against broadcast indecency.  Section 
503(b) of the  Act, 47 U.S.C.  503(b),  and section 1.80(a) 
of the Commission's rules, 47  C.F.R  1.80, both state that 
any person who willfully or  repeatedly fails to comply with 
the provisions of the Act or the rules shall be liable for a 
forfeiture penalty.   For purposes of section  503(b) of the 
Act, the  term ``willful'' means  that the violator  knew it 
was  taking  the action  in  question,  irrespective of  any 
intent to  violate the  Commission's rules.10  Based  on the 
material  before us,  it  appears that  Mr. Dinis  willfully 
violated  18  U.S.C.    1464 and  section  73.3999  of  the 
Commission's  rules,  by   airing  indecent  programming  on 
WSPR(AM) on four occasions. 

     16.  The Commission's  Forfeiture Policy Statement sets 
a  base  forfeiture amount  of  $7,000  for transmission  of 
indecent/obscene materials.11  The base amount would thus be 
$28,000 for the transmission of indecent programming on four 
occasions.  The  Forfeiture Policy Statement  also specifies 
that  the Commission  shall adjust  a forfeiture  based upon 
consideration   of  the   factors   enumerated  in   section 
503(b)(2)(D) of the  Act, 47 U.S.C.   503(b)(2)(D), such as 
``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.''12  After 
reviewing all of the  circumstances including the licensee's 
record of compliance with the Commission's rules, we believe 
a $22,400  forfeiture is  appropriate in  this case  for the 
apparent broadcast of indecent material on December 7, 2000, 
December 8, 2000, January 8, 2001, and January 17, 2001.

                      IV.  ORDERING CLAUSES

     17.  ACCORDINGLY,  IT IS  ORDERED, pursuant  to section 
503(b) of  the Communications Act  of 1934, as  amended, and 
Sections 0.111, 0.311, and 1.80 of the Commission's rules,13 
that  Edmund  Dinis.  is  hereby NOTIFIED  of  its  APPARENT 
LIABILITY  FOR  FORFEITURE  in   the  amount  of  twenty-two 
thousand  four  hundred   dollars  ($22,400)  for  willfully 
violating  18  U.S.C.   1464  and  section 73.3999  of  the 
Commission's rules.

     18.  IT IS FURTHER ORDERED, pursuant to section 1.80 of 
the  Commission's  rules, that  within  thirty  days of  the 
release  of this  Notice, Edmund  Dinis SHALL  PAY the  full 
amount of  the proposed forfeiture  or SHALL FILE  a written 
statement seeking reduction or  cancellation of the proposed 
forfeiture.

     19.  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.  
The payment  MUST INCLUDE the FCC  Registration Number (FRN) 
referenced  above, and  also should  note the  NAL/Acct. No. 
referenced above.

     20.  The response, if any, must be mailed to Charles W. 
Kelley,   Chief,  Investigations   and  Hearings   Division, 
Enforcement Bureau,  Federal Communications  Commission, 445 
12th Street, S.W, Room 3-B443,  Washington DC 20554 and MUST 
INCLUDE the NAL/Acct. No. referenced above.

     21.   The  Commission  will not  consider  reducing  or 
canceling a forfeiture  in response to a  claim of inability 
to  pay  unless  the  respondent submits:  (1)  federal  tax 
returns for the most recent three-year period; (2) financial 
statements   prepared   according  to   generally   accepted 
accounting practices (``GAAP''); or  (3) some other reliable 
and  objective documentation  that  accurately reflects  the 
respondent's  current   financial  status.   Any   claim  of 
inability to  pay must  specifically identify the  basis for 
the  claim  by  reference  to  the  financial  documentation 
submitted.

     22.  Requests  for payment of  the full amount  of this 
Notice  of  Apparent  Liability under  an  installment  plan 
should be sent to: Chief, Revenue and Receivables Operations 
Group, 445 12th Street, S.W., Washington, D.C. 20554.14

     23.  Under  the Small Business Paperwork  Relief Act of 
2002, Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the 
FCC is engaged in a  two-year tracking process regarding the 
size of entities involved in forfeitures.  If you qualify as 
a small  entity and  if you  wish to be  treated as  a small 
entity for tracking purposes, please so certify to us within 
thirty (30) days of this NAL, either in your response to the 
NAL or in a separate filing to be sent to the Investigations 
and   Hearings    Division,   Enforcement    Bureau.    Your 
certification  should indicate  whether you,  including your 
parent  entity  and  its   subsidiaries,  meet  one  of  the 
definitions  set forth  in the  list provided  by the  FCC's 
Office of  Communications Business Opportunities  (OCBO) set 
forth in Attachment B of  this Notice of Apparent Liability.  
This information  will be  used for tracking  purposes only.  
Your response  or failure to  respond to this  question will 
have no effect on  your rights and responsibilities pursuant 
to Section  503(b) of the  Communications Act.  If  you have 
questions  regarding any  of  the  information contained  in 
Attachment B, please contact OCBO at (202) 418-0990.

     24.  IT IS  FURTHER ORDERED that a copy  of this Notice 
shall be  sent, by Certified Mail/Return  Receipt Requested, 
to Russell  C. Powell,  Esquire, Taylor  & Powell,  LLC, 908 
King Street, Suite 300, Alexandria, Virginia 22314.

                         FEDERAL COMMUNICATIONS COMMISSION


                         David H. Solomon
                         Chief, Enforcement Bureau



                        ATTACHMENT A


Translation of Programming Aired on WSPR(AM)
December 7, 2000

Caller:  A man was peeing in a plant, a cop passes by and 
asks why do you have that whistle out.  The man says I'm 
sorry officer this is not a whistle it's a telescope.  The 
policeman says, all right I'll see you in court.  While in 
court the judge tells the man, I see that you are being 
charged with peeing in public and having your whistle out.  
The man says please you're wrong it was a telescope.  The 
judge says, well it says here that it was a whistle.  Please 
explain what you mean by a telescope.  The man responds, 
well if you put in your mouth it does not whistle, but if 
you stick it in your little ass you'll see stars.
C:  Shouldn't you use anus or backside, that would be the 
preferable term.

Caller:  I have a joke.  There was a wife and husband 
leaving a bar and they were drunk.  The wife says wait for 
me a second I need to pee out there.  Then along came a 
vampire and the husband said what do you want.  The vampire 
responds ``I come to suck you.''  The husband responds 
``suck me fast so my wife doesn't find out she's waiting for 
me.'' (recorded laughter)

December 8, 2000

The following excerpt is part of a local gossip segment:

Gossip Person:  Wait I have something for you.  (Singing to 
the tune of a Son-By-Four song): ``I'm sorry but I have the 
runs at this moment.  I'm pushing and clenching my teeth, 
when the turd comes out.  I'm sweating, sweating very 
slowly, agonizing because the turd won't come out.  Darling, 
pass me the Vaseline, it won't come out routinely, I'm 
constipated.   And I feel it in my heart!''  That's an 
original song.

January 8, 2001

Caller: I have a joke.  A drunk man went into town on a 
little horse.  He had a drink and needed to pee, so he went 
outside and pulled out ``Juanito.''  A soldier passed by and 
said what are you doing, there are many young ladies that 
pass by around here, put your ``whistle'' back inside.  The 
drunk man said this is not what you think.  He said you 
better stop or I will arrest you, the drunk man said but 
this is not what you think, it's not a whistle, so the 
soldier arrested him.  They appear in front of the judge and 
the judge says you have been arrested for exposing your 
whistle in public.  The man responded that it was not a 
whistle, it was a telescope.  If you put it in your mouth 
you see nothing, if you put it up your ass you'll see stars.

January 17, 2001

DJ Cassanova:  It's time for the dumb joke segment.  We'll 
start with an in house one.  One time ``Pepito'' had just 
gotten up and heard moaning and groaning in his parent's 
bedroom (DJ begins to make sound effects of moans and 
groans).  So he walked in and said ``Dad, Dad I want to ride 
the horse.''  The Dad agreed so that ``Pepito'' didn't ask 
questions.  He told him not to make any noise.  Pepito gets 
on the Dad, and the Dad keeps going up and down.  Pepito 
then says ``this is going too slow.''  So the Dad starts 
going faster and faster.  The Mother could not keep it in 
anymore and she started moaning.  Then when the Dad was 
going faster, and the Mother was screaming louder (DJ is 
making moaning and groaning sounds) Pepito says, Daddy don't 
stop because this is the part where the mail man always 
drops me.

Caller:  I have a Fidel joke.  There was a boat full of 
people on their way to visit Cuba.  When they got there, 
Fidel is standing with many soldiers.  He tells everyone, 
anyone who is here to see me must have my face tattooed on 
their chest.  A woman thinks, what am I going to do, I don't 
have his face on my chest.  When she gets in front of him, 
she says I don't have your face tattooed on my chest, but 
she opens up her pants, and tells him if you put your hand 
down there you will feel the beard.  Fidel puts his hand in 
and starts feeling around, all of a sudden the woman slaps 
him.  He asks, why did you do that?  The woman responds, I 
told you, you could feel around for the beard but I didn't 
say you could put your finger in my mouth.

MDJ:  I thought he was going to use his cigar.                        ATTACHMENT B
                                                October 2002


                 FCC List of Small Entities

    As described below, a ``small entity'' may be a small 
                        organization,
   a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                      Size Standards
                  Cable Services or Systems
                             Special Size Standard - 
Cable Systems                Small Cable Company has 
                             400,000 Subscribers Nationwide 
                             or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                     Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                 1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.




                   International Services
International Broadcast 
Stations






                                 $12.5 Million in Annual 
                                     Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space 
Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                     Mass Media Services
Television Services

                              $12 Million in Annual Receipts 
                                         or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard 
Service                      -
                             Small Business is less than 
                             $40M in annual gross revenues 
                             for three preceding years
           Wireless and Commercial Mobile Services
Cellular Licensees
                                 1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard 
Phase II Licensees           -
                             Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             controlling principals)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             controlling principals)
700 MHZ Guard Band 
Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard 
Communications Services      -
(Block C)                    Small Business is $40M or less 
                             in annual gross revenues for 
                             three previous calendar years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three 
                             calendar years (includes 
                             affiliates and persons or 
                             entities that hold interest in 
                             such entity and their 
                             affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone             1,500 Employees or Fewer
Service
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard 
Radio                        -
                             Small Business is $15M or less 
                             average annual gross revenues 
                             for three preceding calendar 
                             years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small Business is 1,500 
Public Safety Radio          employees or less
Services                     Small Government Entities has 
                             population of less than 50,000 
                             persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction special size standard 
                             (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                             for three preceding calendar 
                             years
                             Prior to Auction -
                             Small Business has annual 
                             revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                     Receipts or Less
Instructional Television 
Fixed Service
                             Auction special size standard 
                             (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             First Auction special size 
                             standard (1994) -
                             Small Business is an entity 
                             that, together with its 
                             affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                             federal income taxes 
                             (excluding carryover losses) 
                             has no more than $2M in annual 
                             profits each year for the 
                             previous two years
                             New Standard - 
                             Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                     Receipts or Less
24 GHz - Incumbent               1,500 Employees or Fewer
Licensees
24 GHz - Future Licensees    Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                        Miscellaneous
On-Line Information           $18 Million in Annual Receipts 
Services                                 or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)
Medical Implant Device            500 Employees or Fewer
Manufacturers
Hospitals                     $29 Million in Annual Receipts 
                                         or Less
Nursing Homes                    $11.5 Million in Annual 
                                     Receipts or Less
Hotels and Motels             $6 Million in Annual Receipts 
                                         or Less
Tower Owners                      (See Lessee's Type of 
                                        Business)



_________________________

1 Edmund Dinis assigned Station WSPR(AM), Springfield, 
Massachusetts (Facility I.D. No. 187171) to Antonio F. and 
Helena R. Gois, tenants by the entirety on March 6, 2002.
2  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).

3  Sable  Communications of  California, Inc. v.  FCC, supra 
note 2, 492 U.S. at 126.  

4  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''). 

5  ACT  I, supra  note  4,  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).

6  Public Telecommunications  Act of 1992, Pub.  L. No. 356, 
102nd Cong., 2nd Sess. (1992); ACT III, supra note 4.

7   In FCC  v.  Pacifica Foundation,  the  Court quoted  the 
Commission's definition of indecency with apparent approval.  
FCC v. Pacifica  Foundation, supra note 4, 438  U.S. at 732.  
In addition,  the D.C. Circuit  Court of Appeals  upheld the 
definition against constitutional  challenges.  ACT I, supra 
note 4, 852 F.2d at 1339;  ACT II, supra note 4, 932 F.2d at 
1508; ACT III, supra note 4, 58 F.3d at 657.

8  ACT III, supra note 4.

9 Letter from Russell C. Powell, Esquire, Attorney for 
Edmund Dinis, to Charles W. Kelley, Chief, Investigations 
and Hearings Division, Enforcement Bureau dated July 30, 
2002 at 2.

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

11 The Commission's Forfeiture Policy Statement and 
Amendment of Section 1.80 of the Rules to Incorporate the 
Forfeiture Guidelines, 12 FCC Rcd 17087, 17113 (1997), 
recon. denied 15 FCC Rcd 303 (1999) (Forfeiture Policy 
Statement); 47 C.F.R.  1.80(b).

12   Forfeiture Policy Statement, 12 FCC Rcd at 17110.

13 47 C.F.R.  0.111, 0.311 and 1.80.

14 See 47 C.F.R.  1.1914.