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

In the Matter of                  )
                                 )
EMMIS COMMUNICATIONS              )    NAL/Acct. No. 200432080193
CORPORATION                       )    FRN No. 0004161410
                                 )
EMMIS RADIO LICENSE CORPORATION   )    FRN No. 0001529346
                                 )
Licensee of Station WKQX(FM),     )    Facility ID No. 19525
Chicago, Illinois                 )
                                 )    NAL/Acct. No. 200132080029
Forfeiture Order released         )
January 8, 2002 (DA 02-26)1       )    NAL/Acct. No. 200232080008
Forfeiture Order released         )
November 1, 2002                  )    NAL/Acct. No. 200232080014
(DA 02-2937)2                     )
Forfeiture Order released 
February 18, 2004
(DA 04-386)3


                            ORDER

Adopted:  August 10, 2004                         Released:  
August 12, 2004

By the Commission: Commissioner Copps concurring and issuing 
a statement; Commissioner Adelstein issuing a statement.

     1.   The Commission has been investigating whether 
Emmis Communications Corporation and its direct and indirect 
subsidiaries that hold FCC authorizations (collectively 
``Emmis'') may have violated restrictions on the broadcast 
of obscene, indecent or profane material.4

     2.   The Commission and Emmis have negotiated the terms 
of the Consent Decree, a copy of which is attached hereto 
and incorporated by reference.

     3.   After reviewing the terms of the Consent Decree, 
we find that the public interest would be served by 
approving the Consent Decree and terminating all pending 
proceedings against Emmis relating to restrictions on the 
broadcast of obscene, indecent or profane material.

     4.   Based on the record before us, in particular 
Emmis's admission that some of the material it broadcast was 
indecent in violation of 47 C.F.R.  73.3999, and the 
remedial efforts to which Emmis has agreed, we conclude that 
there are no substantial and material questions of fact in 
regard to these matters as to whether Emmis possesses the 
basic qualifications, including its character 
qualifications, to hold or obtain any FCC licenses or 
authorizations.

     5.   Accordingly, IT IS ORDERED, pursuant to Sections 
4(i), 4(j), and 503(b) of the Communications Act of 1934, as 
amended,5 that the attached Consent Decree IS ADOPTED.

     6.   IT IS FURTHER ORDERED that the Secretary SHALL 
SIGN the Consent Decree on behalf of the Commission.

     7.   IT IS FURTHER ORDERED that the above-captioned 
Commission Forfeiture Orders and Memorandum Opinion and 
Order against Emmis regarding violations of 18 U.S.C. 1464 
and 47 C.F.R.  73.3999 ARE RESCINDED, VACATED and 
CANCELLED, all Enforcement Bureau investigations regarding 
possible violations by Emmis of 18 U.S.C.  1464 and 47 
C.F.R.  73.3999 ARE TERMINATED, and all third-party 
Complaints against Emmis for possible violations of 18 
U.S.C.  1464 and 47 C.F.R.  73.3999 pending before the 
Enforcement Bureau as of the date of the Consent Decree ARE 
DISMISSED WITH PREJUDICE. 

     8.   IT IS FURTHER ORDERED that the July 16, 2004, 
          Petition for Reconsideration of David Edward Smith 
          IS DENIED.6


                         FEDERAL COMMUNICATIONS COMMISSION



                         Marlene H. Dortch
                         Secretary

                       Consent Decree


I.1.      The Federal Communications Commission and Emmis 
Communications Corporation, for itself and on behalf of its 
direct and indirect owned or controlled subsidiaries that 
hold FCC authorizations, hereby enter into this Consent 
Decree for the purpose of resolving and terminating certain 
forfeiture proceedings, investigations and complaints 
currently being conducted by, or pending before, the 
Commission relating to possible violations of the Indecency 
Laws by Emmis Stations.

I.2.      For purposes of this Consent Decree the following 
definitions shall apply:

1)a.      "Act" means the Communications Act of 1934, as 
     amended, 47 U.S.C.  151 et seq.;

1)b.      "Adopting Order" means an order of the FCC 
     adopting this Consent Decree, without any modifications 
     adverse to Emmis or any Emmis Station;

1)c.      "Bureau" means the FCC's Enforcement Bureau;

1)d.      "Emmis Station" and "Emmis Stations" means one or 
     more broadcast stations licensed to Emmis;

1)e.      "Emmis" means Emmis Communications Corporation and 
     all of its direct and indirect owned or controlled 
     subsidiaries that hold authorizations issued by the 
     FCC;

1)f.      "Commission" or "FCC" means the Federal 
     Communications Commission;

1)g.      "Complaints" means third-party complaints received 
     by, or in the possession of, the Bureau or the 
     Commission, alleging violations of the Indecency Laws 
     by Emmis Stations, including (but not limited to) 
     complaints that have previously been dismissed and 
     complaints that have resulted in letters of inquiry 
     from the Bureau (``LOIs'').

1)h.      "Effective Date" means the date on which the FCC 
     releases the Adopting Order;

1)i.      "Final Order" means the status of the Adopting 
     Order after the period for administrative and judicial 
     review has lapsed;

1)j.      ``Forfeiture Orders'' means those certain 
     Forfeiture Orders respecting Station WKQX released (a) 
     Jan. 8, 2002 (File No. EB-00-IH-0401, DA 02-26), (b) 
     Nov. 1, 2002 (File Nos. EB-01-IH-0124, -0319, -0408, DA 
     02-2937) and (c) February 18, 2004 (File No. EB-01-IH-
     0121, DA 04-386).

1)k.      "Indecency Laws" means 18 U.S.C.  1464 and 47 
     C.F.R.  73.3999;

1)l.      "Inquiries" means investigations of alleged 
     violations of the Indecency Laws by Emmis Stations that 
     have resulted in LOIs to Emmis, or to other licensees 
     that relate to Emmis Stations;

1)m.      ``MO&O'' means that certain Memorandum Opinion and 
     Order of the Commission released April 8, 2004 (File 
     No. EB-00-IH-0401, FCC 04-62);

1)n.      "NAL" means a Notice of Apparent Liability issued 
     pursuant to Section 1.80(f) of the Rules; 

1)o.      "Parties" means Emmis and the Commission;

1)p.      "Rules" means the Commission's regulations found 
     in Title 47 of the Code of Federal Regulations.

II.  BACKGROUND

II.1.     Both the Commission and Emmis acknowledge that any 
proceedings that might result from the Forfeiture Orders, 
the MO&O, the Inquiries and/or the Complaints will be time-
consuming and will require substantial expenditure of public 
and private resources.

II.2.     In order to conserve such resources, and to 
promote compliance by Emmis with the Indecency Laws, the 
Commission and Emmis are entering into this Consent Decree, 
in consideration of the mutual commitments made herein.

III.      AGREEMENT

III.1.    The Parties agree that the provisions of this 
Consent Decree shall be subject to approval by the 
Commission by incorporation of such provisions by reference 
in an Adopting Order.

III.2.    The Parties agree that this Consent Decree shall 
become effective on the date on which the Commission 
releases the Adopting Order.  Upon release, the Adopting 
Order and this Consent Decree shall have the same force and 
effect as any other orders of the Commission and any 
violation of the terms of this Consent Decree shall 
constitute a violation of a Commission order, entitling the 
Commission to exercise any rights and remedies attendant to 
the enforcement of a Commission order.

III.3.    Emmis agrees that the Commission has jurisdiction 
over the matters contained in this Consent Decree and the 
authority to enter into and adopt this Consent Decree.

III.4.    As part of the Adopting Order, the Commission 
shall rescind, vacate and cancel the MO&O and the Forfeiture 
Orders, shall terminate the Inquiries, and shall dismiss 
with prejudice the Complaints.  From and after the Effective 
Date, the Commission shall not, either on its own motion or 
in response to any petition to deny or other third-party 
objection, initiate any inquiries, investigations, 
forfeiture proceedings, hearings, or other sanctions or 
actions against Emmis, any Emmis Station, or any pending or 
future application to which Emmis is a party (including, 
without limitation, any application for a new station, for 
renewal of license, for assignment of license, or for 
transfer of control), based in whole or in part on (i) the 
Forfeiture Orders, (ii) the Inquiries, (iii) the Complaints, 
(iv) any other similar complaints alleging violation by any 
Emmis Station of the Indecency Laws with respect to any 
broadcast occurring prior to the Effective Date, or (v) the 
allegations contained in any of the foregoing.  Without 
limitation to the foregoing, the FCC shall not use the facts 
of this Consent Decree, the Forfeiture Orders, the 
Inquiries, the Complaints, any other similar complaints 
alleging violation by any Emmis Station of the Indecency 
Laws with respect to any broadcast occurring prior to the 
Effective Date, or the underlying facts, behavior, or 
broadcasts that relate to any of the foregoing, for any 
purpose relating to Emmis or any Emmis Station, and shall 
treat all such matters as null and void for all purposes.

III.5.    Within five (5) business days after the Adopting 
Order becomes a Final Order, without any modifications to 
this Consent Decree adverse to Emmis or to any Emmis 
Station, Emmis will withdraw all pending pleadings seeking 
review or reconsideration of the MO&O and the Forfeiture 
Orders.

III.6.    Emmis represents that it has adopted, and will 
modify in accordance with the Attachment hereto, a company-
wide compliance plan for the purpose of preventing the 
broadcast of material violative of the Indecency Laws.  A 
summary of that plan is set forth in the attachment.  Emmis 
agrees, to the extent it has not already done so, to 
implement this compliance plan within thirty (30) days of 
the Effective Date and to keep such compliance plan in 
effect for three (3) years after the Effective Date.  Emmis 
reserves the right to revise the plan from time to time, 
provided that the Commission shall be given not less than 
thirty (30) days advance written notice of any revisions to 
the plan.  

III.7.    Within five (5) business days after the Adopting 
Order becomes a Final Order, without any modifications to 
this Consent Decree adverse to Emmis or to any Emmis 
Station, Emmis shall make a voluntary contribution to the 
United States Treasury in the amount of Three Hundred 
Thousand Dollars ($300,000).  Emmis must make this payment 
by check, wire transfer or money order drawn to the order of 
the Federal Communications Commission, and the check, wire 
transfer or money order shall refer to Acct. No. 
200432080193 and FRN No. 0004161410.  If Emmis makes this 
payment by check or money order, it must mail the check or 
money order to: Forfeiture Collection Section, Finance 
Branch, Federal Communications Commission, P.O. Box 73482, 
Chicago, Illinois 606073-7482.  If Emmis makes this payment 
by wire transfer, it must wire such payment in accordance 
with Commission procedures for wire transfers.  

III.8.    Emmis waives any and all rights it may have to 
seek administrative or judicial reconsideration, review, 
appeal or stay, or to otherwise challenge or contest the 
validity of this Consent Decree and the Adopting Order, 
provided no modifications are made to the Consent Decree 
adverse to Emmis or any Emmis Station.  If the Commission, 
or the United States acting on its behalf, brings a judicial 
action to enforce the terms of the Adopting Order or this 
Consent Decree, or both, Emmis will not contest the validity 
of this Consent Decree or of the Adopting Order and will 
waive any statutory right to a trial de novo.  If Emmis 
brings a judicial action to enforce the terms of the 
Adopting Order or this Consent Decree, or both, the 
Commission will not contest the validity of this Consent 
Decree or of the Adopting Order.

III.9.    Emmis admits, solely for the purpose of this 
Consent Decree and for FCC civil enforcement purposes, and 
in express reliance on the provisions of Paragraph 8 hereof, 
that the broadcast material at issue in the Forfeiture 
Orders and certain of the broadcast material at issue in the 
Inquiries is indecent in violation of 47 C.F.R.  73.3999, 
assuming construction of this term as it is construed by the 
Commission as of the date hereof.  Notwithstanding any other 
provision of this Consent Decree, it is expressly agreed and 
understood that if this Consent Decree, or Paragraph 8 
hereof, or both, are breached by the Commission, or are 
invalidated or modified to Emmis' prejudice by the 
Commission or by any court, then and in that event the 
provisions of the immediately-preceding sentence shall be of 
no force or effect whatever, and Emmis shall not, by virtue 
of that sentence or any other provision of this Consent 
Decree, be deemed to have made any admission concerning any 
material broadcast on any Emmis Station.

III.10.   In the event that this Consent Decree is rendered 
invalid in any court of competent jurisdiction, it shall 
become null and void and may not be used in any manner in 
any legal proceeding.

III.11.   Emmis hereby agrees to waive any claims it may 
otherwise have under the Equal Access to Justice Act, 5 
U.S.C.  504 and 47 C.F.R.  1.1501 et seq., relating to the 
matters addressed in this Consent Decree.

III.12.   Each party represents and warrants to the other 
that is has full power and authority to enter into this 
Consent Decree.

III.13.   This Consent Decree may be executed in 
counterparts.

FEDERAL COMMUNICATIONS COMMISSION  



By:  _________________________________________         
     Marlene H. Dortch
     Secretary 
     Date: 


EMMIS COMMUNICATIONS CORPORATION
(For itself and on behalf of its direct and indirect owned 
or controlled subsidiaries that hold FCC authorizations)



By:  _______________________________________
     Gary L. Kaseff
     Executive Vice-President and General Counsel
     Date:
                         Attachment

                       Compliance Plan

   1.     Emmis will conduct training on obscenity and 
     indecency for all on-air TV and radio talent and 
     employees who materially participate in programming 
     decisions, which will include tutorials regarding 
     material that the FCC does not permit broadcasters to 
     air.  Training will be provided to all such employees, 
     except those who have already received such training 
     within the past twelve (12) months, within thirty (30) 
     days of the Effective Date of this Plan.  Training will 
     also be provided to all such new employees promptly 
     after they commence their duties.  Refresher training 
     will be provided to all employees described above at 
     least every twelve (12) months.

   2.     If Emmis receives a Notice of Apparent Liability 
     or other proposed action for a broadcast occurring 
     after the adoption of this Plan that the Commission 
     believes to be obscene or indecent, the following steps 
     will be taken:

     (a)  The employees accused of airing or materially 
        participating in the decision to air obscene or 
        indecent content will be suspended and an 
        investigation will immediately be undertaken;

     (b)  Such employees will be required to undergo 
        remedial training on FCC obscenity and indecency 
        regulations and policies and satisfy station 
        management that they understand where the line 
        between acceptable and unacceptable programming 
        falls before resuming their duties; and

     (c)  If any such employee who is on-air talent is 
        permitted to return to the air, his or her 
        broadcasts will be subject to a significant time 
        delay - up to five minutes - so that a program 
        monitor will have the ability to interrupt a 
        broadcast if its content crosses the line.

   3.     If a Notice of Apparent Liability or other 
     proposed action issued by the FCC is finally 
     adjudicated and Emmis is finally found to have aired or 
     decided to air an obscene or indecent program that 
     results in enforcement action by the Commission, the 
     offending employees will be terminated without delay.  
     This will ensure that those employees who break the law 
     by broadcasting, or by materially participating in a 
     decision to broadcast, obscene or indecent material 
     will not work for Emmis.

   4.     Emmis will fully participate in industry efforts 
     that may emerge to develop a voluntary industry-wide 
     response to indecency and violence.





                   CONCURRING STATEMENT OF
                COMMISSIONER MICHAEL J. COPPS

Re:  Emmis Communications Corporation

     Recently, when the Commission entered into a settlement 
agreement with Clear Channel Communications, I dissented 
because we had not investigated dozens of pending complaints 
or even sought information about those broadcasts as part of 
the settlement discussions.  Today, on the other hand, the 
Commission enters into a consent decree with Emmis 
Communications in which it has taken at least initial action 
on the pending citizen complaints.    

     I am, however, troubled by certain aspects of the 
settlement agreement.  I am most concerned about the effect 
of today's decision on the Commission's license renewal 
process.  The totality of a broadcasters' record is 
pertinent and should be considered when licenses are 
renewed.  Today's decision takes an entire part of the 
record off the table.  It is bad enough that our re-
licensing process has degenerated to the point where the 
Commission generally does not even look at a station's 
public file or inquire further into the station's service to 
its community unless a citizen of that particular community 
brings an issue to our attention.  Today, the Commission 
tells those citizens that some information is no longer 
relevant in evaluating a broadcaster's overall performance 
in its community.  If we are not actually changing the rules 
of the game, we are at a minimum sending a wrong and 
discouraging signal to those citizens upon whom we rely in 
implementing the law. 

     For the foregoing reasons, I only concur in this 
decision to settle pending indecency complaints against 
Emmis.  Going forward, I urge my colleagues to accord prompt 
and vigorous attention to any future listener complaints 
against this licensee.  

      























                        STATEMENT OF
              COMMISSIONER JONATHAN S. ADELSTEIN

     Re:  Emmis Communications Corporation et al., Order

     I am pleased that as we enter into this settlement 
agreement, we have conducted at least a preliminary 
investigation of all pending indecency complaints against 
the company.  Citizens who have taken the time to notify us 
of offensive material heard on radio or television should 
know that we have considered their complaints in resolving 
the matters before us.   
      


_________________________

1 Emmis FM License Corporation of Chicago, DA 02-26, 
released January 8, 2002; review denied, Emmis Radio License 
Corporation, Memorandum Opinion and Order, FCC 04-62, 
released April 8, 2004 (File No. EB-00-IH-0401) (Petition 
for Reconsideration, filed May 10, 2004, pending). Emmis FM 
License Corporation of Chicago (FRN No. 0001529387) and 
Emmis Radio License Corporation, its successor-in-interest 
as licensee of Station WKQX(FM), are each subsidiaries of 
Emmis Communications Corporation. 
2 Emmis Radio License Corporation, Forfeiture Order, DA 02-
2937, released November 1, 2002 (File Nos. EB-01-IH-0124, 
EB-01-IH-0319 and EB-01-IH-0408).  On March 19, 2004, Emmis 
filed an Application for Review of the Enforcement Bureau's 
Memorandum Opinion and Order denying reconsideration of the 
Forfeiture Order, which imposed a monetary forfeiture 
penalty of Twenty-One Thousand Dollars ($21,000) against it 
for willful and repeated violations of 18 U.S.C.  1464 and 
47 C.F.R.  73.3999.  See Emmis Radio License Corporation, 
Forfeiture Order, DA 04-387, released February 18, 2004.  
3 Emmis Radio License Corporation, Forfeiture Order, DA 04-
386, released February 18, 2004 (File No. EB-01-IH-0121) 
(Petition for Reconsideration, filed March 19, 2004, 
pending).   
4 18 U.S.C.  1464; 47 C.F.R.  73.3999.
5 47 U.S.C.  154(i), 154(j), 503(b).
6  Therein, Mr. Smith seeks reconsideration of the 
Enforcement Bureau's June 16, 2004, letter disposing of 
certain of his indecency complaints against Emmis, the 
further consideration of which is rendered moot by the 
attached Consent Decree.  With regard to Mr. Smith's request 
in the Petition that the Commission designate for revocation 
or denial of the renewal application for Emmis's license for 
Station WKQX(FM), Chicago, Illinois, due to the filing of a 
lawsuit against him involving his indecency complaints by 
Erich (``Mancow'') Muller before the Circuit Court of Cook 
County, Illinois (Case No. 04-CH-5015), we note that  the 
lawsuit was dismissed by the Court, with prejudice, on July 
26, 2004.  Moreover, with its July 29, 2004, Opposition to 
the Petition, Emmis provides the Declaration of Charles 
DuCoty, General Manager of the station, who represents that 
Emmis had no role, and provided no encouragement or 
assistance to Mr. Muller, in connection with the lawsuit.