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

In the Matter of                 )
Emmis Radio License Corporation  )    File Nos. EB-01-IH-0124, EB-
                                )    01-IH-0319,  and   EB-01-IH-
Licensee of Station WKQX(FM),    )    0408
Chicago, Illinois                )    NAL/Acct. No. 200232080008
                                )    FRN 0001-5293-46
                                )    Facility ID # 19525


Adopted:   March 20, 2002               Released:  March 21, 2002

By the Chief, Enforcement Bureau:

                        I.  INTRODUCTION

     1.   In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''),  we  find   that  Emmis   Radio  License   Corporation 
(``Emmis''), licensee  of  Station WKQX(FM),  Chicago,  Illinois, 
apparently violated 18 U.S.C. § 1464 and 47 C.F.R. § 73.3999,  by 
willfully and repeatedly broadcasting indecent language on  three 
occasions.  See Attachment.  Based upon  our review of the  facts 
and circumstances  in  this  case,  we  conclude  that  Emmis  is 
apparently liable for  a forfeiture in  the amount of  twenty-one 
thousand dollars ($21,000).

                        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 the licensee 
that  included  transcripts  of   the  tapes  submitted  by   the 
complainant. See Attachment.1  

     3.   In its response,  Emmis states that  WKQX(FM) does  not 
routinely archive tapes or transcripts of its broadcasts and  did 
not retain tapes or transcripts  of the programming aired on  the 
dates cited in these complaints.  Accordingly, Emmis states  that 
it cannot verify the  accuracy of the transcripts.  Nevertheless, 
Emmis argues that even assuming the accuracy of the  transcripts, 
the  programming   at   issue   is   not   actionably   indecent.  
Specifically, Emmis contends that  the material broadcast is  not 
patently  offensive   as  measured   by  contemporary   community 
standards for the broadcast medium.


                        III.  DISCUSSION

     4.   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.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.  

     5.   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.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 

     6.   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 (`` Indecency Policy  Statement''), 
16 FCC Rcd 7999 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. 

     7.   The material  in each  of  these three  complaints,  in 
context, refers to sexual organs and activity, and thus  warrants 
scrutiny.   See  Attachment.   We  find  that  the  material,  in 
context, is patently  offensive when considered  under the  three 
factors set out in the Indecency Policy Statement.

     8.   The first key factor  concerns whether the material  is 
explicit or graphic.   The March 7,  2001 broadcast concerns  the 
use of a sexual stimulant by a female cast member as well as  her 
appearance  in  a  video,  and  includes  explicit  and   graphic 
references to  sexual organs  and  activities. This  material  is 
similar to  other  material  with  graphic  and  explicit  sexual 
references that has been found indecent.9  The material broadcast 
on March  6,  2001  is  a  discussion  of  sexual  and  excretory 
responses to viewing pornography  and contains sexual  references 
that rely on  innuendo. Likewise,  the sexual  references in  the 
material broadcast on  May 17, 2001  - a discussion  by a  female 
cast member and a number of women guests in the ``lava lamp  love 
lounge''- relies in part on innuendo.   Emmis argues that because 
the March 6 broadcast  relies on innuendo,  the sexual import  of 
the material is  ``not even immediately  apparent.''  Emmis  also 
argues that this material is vague and oblique and therefore less 
explicit than  broadcasts  in  which no  enforcement  action  was 

     9.   We disagree with  Emmis' arguments.  Although  material 
that is  more  graphic  is  generally more  likely  to  be  found 
indecent, the context in which  material is offered is  essential 
to making a determination as to whether material is indecent. 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.''11  The 
material broadcast on WKQX(FM) on March 6, 2001 and May 17, 2001, 
in context,  has a  sexual meaning  that is  unmistakable and  is 
similar to other  material found to  have clearly  understandable 
sexual references.12

     10.  The second key factor is whether there is repetition of 
and persistent focus on the sexual references.  The complained of 
material broadcast on  March 6, 2001  dwells on sexual  innuendo, 
including references  to oral  sex,  male and  female  genitalia, 
masturbation, ejaculation, and excretory activities. Contrary  to 
Emmis' argument, material with an unmistakable sexual meaning can 
be evaluated under  this factor even  if the sexual  descriptions 
are based upon innuendo.13  Emmis also argues that the excerpt in 
the transcript of the March 6, 2001 broadcast represents  between 
30 and 45 seconds of on-air discussion during the 20-minute  time 
period cited in the complaint.  However, the sexual references in 
the excerpt  are not  fleeting and  the excerpt  itself  provides 
sufficient context to determine whether it is patently offensive. 
Under these circumstances,  the fact  that the  excerpt cited  on 
March  6,  2001  is  a  segment  of  a  longer  program  is   not 
decisionally significant.14    

     11.  Under  the  second  key  factor,  the  March  7,   2001 
broadcast dwells at  length on sexual  activity, especially  with 
respect to the female cast member's use of a sexual stimulant and 
its effect on her. Moreover, the material at issue in the May 17, 
2001 complaint dwells  on and repeats  at length descriptions  of 
male and female genitalia, masturbation, penis size and the taste 
of semen.  

     12.  The inquiry under the third key factor of the Indecency 
Policy Statement is whether the material appears to pander, or is 
used to titillate or shock.  The complained of material broadcast 
on March 6, 2001, in context, appears to have been used to pander 
to and titillate or  shock the audience and  is similar to  other 
material that has  been found  to be  patently offensive.15   The 
tone of the complained of material broadcast on March 7, 2001  is 
lewd, and also appears to be  used to pander to and titillate  or 

     13.  With respect  to  the  analysis of  the  complained  of 
material on  May 17,  2001 under  the third  factor, Emmis  cites 
warnings included  in the  broadcast  about the  material,  i.e., 
``[the Mancow program] is a show done by adults for adults,'' and 
warning those who are easily  offended to  ``please turn off  the 
radio.''  Emmis argues  that the  presence of  such warnings  was 
found to be significant in  other indecency cases.  However,  the 
cases cited by Emmis involved sexual references and the  repeated 
use of expletives that were not used to pander to, to shock or to 
titillate.17   Despite the  warnings, the  material broadcast  on 
WKQX(FM), in context, appears to have been used to pander to  and 
titillate or shock the audience and is similar to other  material 
that has been found to be patently offensive.18   The presence of 
the warnings, considering the  overall context of the  broadcast, 
is not a sufficient  basis on which to  conclude that the  sexual 
references are not patently offensive.19

     14.  Moreover, we reject Emmis's argument that the  material 
broadcast on the Mancow program on  the three dates cited in  the 
complaints is not patently offensive as measured by  contemporary 
community standards.  In this regard, Emmis contends that  ``WKQX 
has been airing Mancow's Morning  Madhouse'' since July of  1998, 
and had received no inquiries from the Commission concerning  the 
program's content until late last year.''  Emmis also  speculates 
that the  complaints  about  the Mancow  program,  including  the 
complaints at issue here, were  initiated by a single  individual 
or group whose standards do  not accurately reflect those of  the 
national community as a whole.   The identity of the  complainant 
and whether the  complainant  is the  source of other  complaints 
about the Mancow  program is  not material  to our  determination 
under the factors set out in the Indecency Policy Statement.  The 
purpose of  using  ``contemporary  community  standards''  is  to 
ensure  that  material  is  not   judged  by  its  effect  on   a 
particularly sensitive or insensitive person or group.20  In this 
regard, looking to a national community standard that  references 
the  average  broadcast  listener,  we  find  that  the  material 
broadcast on WKQX(FM), in context, is patently offensive.21 Emmis 
does not dispute  that the complained  of material was  broadcast 
when there was a reasonable risk  that children may have been  in 
the audience.  By  broadcasting this material  on three  separate 
occasions - on March  6, 2001, March 7,  2001, and May 17,  2001- 
WKQX(FM) apparently violated  the prohibitions against  broadcast 

     15.  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., and ``repeatedly''  means more than  once.22  
Based on the material before us, it appears that Emmis  willfully 
and repeatedly violated 18 U.S.C.  § 1464 and section 73.3999  of 
the  Commission's  rules,  by  airing  indecent  programming   on 
WKQX(FM) on  March 6, 2001, March 7, 2001 and March 17, 2001.  

     16.  The Commission's  Forfeiture  Policy Statement  sets  a 
base  forfeiture   amount   of   $7,000   for   transmission   of 
indecent/obscene materials.23   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.''24  After  reviewing   all  of   the 
circumstances, we believe a $21,000 forfeiture is appropriate  in 
this case  for the  apparent broadcast  of indecent  material  on 
three separate occasions.     

                      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,25 that  Emmis 
Radio License  Corporation is  hereby  NOTIFIED of  its  APPARENT 
LIABILITY FOR  FORFEITURE in  the amount  of twenty-one  thousand 
dollars ($21,000)  for  willfully  and  repeatedly  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,  Emmis 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 

     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. 20554.26

     23.  IT IS FURTHER ORDERED that a copy of this Notice  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 
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 
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 bottom?

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 

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 

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 normally. 

FV2:      Seriously, I think that this stuff really does work.

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 

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 

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 

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 wood.

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 on.
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 

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 Niece...
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 whores...
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 
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 

***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 how...
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 size.
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 though.
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 work.
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 life.
     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 while.
***     ***     ***
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 

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 one?
G:   Oh definitely...
M:   [Cuts off discussion]  Okay, again it's a little um-hum...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 here.
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  The complainant alleged that four excerpts of the  March 
6,  2001  Mancow  program  contained  indecent  material.    The 
Attachment contains one of the complained of excerpts.  We  will 
not pursue enforcement action regarding the other three excerpts 
from the March 6, 2001 broadcast.    

     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 See,  e.g.,Communicast Consultants,  Inc.( KRXK(AM)),  15 
FCC Rcd 18730, aff'd 15 FCC Rcd 19697 (EB 2000). 

     10   Emmis cites the following  Mass Media Bureau  actions:  
Letter from Chief, Complaints and Political Programming  Branch, 
Enforcement Division, to Mrs. Barbara Onisko, 8310-TRW (May  15, 
1997);  Memorandum  to  WIOD(AM)  Complaint  File  (Control  No. 
97010196);  Letter   from   Chief,  Complaints   and   Political 
Programming  Branch,  to Mr.  R.D.  Merkel, 8310-TRW  (Jan.  23, 
1997).  In  addition,  Emmis  cites  the   Enforcement  Bureau's 
actions dismissing complaints alleging the broadcast of indecent 
material.  See Letter  from Chief,  Investigations and  Hearings 
Division  to Anne Shapleigh, complaint against KLOU(FM),  EB-00-
IH-0350 (Feb. 7, 2001);  Press Statement of Gloria Tristani  re: 
Enforcement  Bureau  Letter  Ruling  on  KLOU(FM),  St.   Louis, 
Missouri Indecency Complaint (Feb. 8, 2001); Letter from  Chief, 
Investigations and Hearings Division to Michael Palko, complaint 
against  WGR(AM),   EB-00-IH-0221  (Feb.23,   2001)(the   Bureau 
subsequently issued a letter of inquiry to the licensee in  this 

     11 Citicasters Co.( KSJO(FM)), 15 FCC Rcd 19091, 19092  (EB 
2000), citing San  Francisco Century Broadcasting,  L.P., 8  FCC 
Rcd 498 (1993).

     12 See, e.g., Telemundo of Puerto Rico License  Corp.(WKAQ-
TV)), 16 FCC Rcd 7157  (EB 2001)(forfeiture paid); Three  Eagles 
of Columbus,  Inc. (KROR(FM)),  15 FCC  Rcd 13624  ,  forfeiture 
reduced 15  FCC  Rcd  18902 (EB  2000)(forfeiture  paid);  Great 
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 

     13   See, e.g. Three Eagles  of Columbus, Inc., supra  note 
12, 15 FCC Rcd at 13625  (``The cited language dwells at  length 
on sexual innuendoes and cannot be considered fleeting'').  

     14   Id (rejecting argument that the complained of material 
was ``an isolated occurrence'' during one segment of a four-hour 
program, noting that the language  was not fleeting, and  dwells 
at length on sexual innuendo).  

     15   See,  e.g.,Telemundo of  Puerto Rico,  supra note  12;  
Three Eagles of Columbus, Inc., supra note 12.  

     16   See, e.g.,Citicasters Co.(KEGL(FM)),  16 FCC Rcd  7546 
(EB    2001)(forfeiture    paid);    Communicast    Consultants, 
Inc.(KRXR(AM)), supra note 9; Citicasters Co.(WXTB(FM)), 13  FCC 
Rcd 15381 (MMB 1998)(forfeiture paid).  

     17   Emmis cites the Indecency Policy Statement, supra,  16 
FCC Rcd at 8011-12, and the discussion of  Peter Branton, 6  FCC 
Rcd 610  (1991)(subsequent history  omitted)(explicit  language, 
including the repeated use of the words ``fuck'' or  ``fucking'' 
in a wiretap of a  telephone conversation, was integral part  of 
bona fide news story and not gratuitous, pandering,  titillating 
or otherwise  patently offensive)  and  the Letter  from  Chief, 
Complaints and Investigations Branch, Enforcement Division, Mass 
Media Bureau to Chris Giglio (July 20, 1994)(Oprah Winfrey  Show 
(``How to Make Romantic Relations with Your Mate Better'')).

     18   See,  e.g.,Citicasters Co.(KEGL(FM)),  supra note  16; 
Three  Eagles  of  Columbus,  Inc.,  supra  note  12;   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 

     19   Citicasters Co.  supra note  16, 16 FCC  Rcd at  7547, 
citing Station KGVL, Inc., 42 FCC 2d 258, 259 (1973).

     20    Infinity  Broadcasting  Corporation  of  Pennsylvania 
(WYSP(FM)), 3 FCC Rcd 930,  933 (1987) citing Hamling v.  United 
States, 418 U.S. 87, 107 (1974).  

     21 See, e.g.,  WQAM License Limited  Partnership(WQAM(AM)), 
15 FCC Rcd 2518, 2520 (2000)(explaining that the Commission uses 
its expertise  to  apply  a  national  community  standard  that 
references the average broadcast viewer or listener).  See also, 
Indecency Policy Statement, supra, 16 FCC Rcd at 8002 note 15.

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

     23  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).

     24   Forfeiture Policy Statement, 12 FCC Rcd at 17110.

     25 47 C.F.R. §§ 0.111, 0.311 and 1.80.

     26 See 47 C.F.R. § 1.1914.