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


In the Matter of                )
                                                                      
)    File No. EB-02-IH-0485
                                )  NAL Acct. No.  
200532080022 
ENTERCOM KANSAS CITY LICENSE, LLC  )    FRN No. 004434866 
                                )  Facility ID No. 74101
Licensee of Station             )
KQRC-FM, Leavenworth, Kansas    )  
                                )  
ENTERCOM WICHITA LICENSE, LLC   )  FRN No. 0005374145
Licensee of Station             )  Facility ID No. 53152
KFH(AM), Wichita, Kansas        )  
     

         NOTICE OF APPARENT LIABILITY FOR FORFEITURE

Adopted:  September 28, 2004            Released:  December 
22, 2004

By the Commission: Commissioner Copps concurring and issuing 
a statement; Commissioner                                      
                 Martin approving in part, concurring in 
part and issuing a statement.

I.  INTRODUCTION

     1.   In this Notice of Apparent Liability For 
Forfeiture (``NAL''), issued pursuant to Section 503(b) of 
the Communications Act of 1934, as amended (the ``Act''), 
and Section 1.80 of the Commission's rules,1 we find that 
Entercom Kansas City License, LLC, and Entercom Wichita 
License, LLC (collectively ``Entercom''),2 licensees of 
Stations KQRC-FM, Leavenworth, Kansas, and KFH(AM), Wichita, 
Kansas, respectively, apparently violated 18 U.S.C.  1464 
and 47 C.F.R.  73.3999, by willfully and repeatedly airing 
indecent material during the April 4, April 29, May 2, and 
May 3, 2002, broadcasts of the ``Dare and Murphy Show.''  
Based upon our review of the facts and evidence before us, 
each of the above-captioned licensees is apparently liable 
for a monetary forfeiture in the amount of One Hundred Ten 
Thousand Dollars ($110,000), the statutory maximum of 
$27,500 each for four indecency violations, for an aggregate 
forfeiture amount of $220,000.

II.  BACKGROUND

     2.   This proceeding arises from an anonymous complaint 
alleging that Station KQRC-FM broadcast indecent material 
during segments of the ``Dare and Murphy Show'' aired on 
April 4, 2002 (``Segment 1''); April 29, 2002 (``Segment 
2''); May 2, 2002 (``Segment 3''); and May 3, 2002 
(``Segment 4'').  After reviewing the complaint, audio tapes 
provided by the complainant, and transcripts of the material 
on the tapes, the Enforcement Bureau (the ``Bureau'') issued 
a letter of inquiry (``LOI'')3 to Entercom, requesting 
further information about the program segments.

     3.  In response to the LOI, Entercom states that it 
``does not possess its own tape'' of the program segments at 
issue and, therefore, cannot ``conclusively determine'' that 
the station aired the material mentioned in the complaint.4  
However, Entercom confirms that the ``Dare and Murphy Show'' 
was broadcast on KQRC-FM from 6 a.m. to 10 a.m. on April 4, 
April 29, May 2, and May 3, 2002, and that Entercom also 
broadcast the ``Dare and Murphy Show'' on its commonly owned 
station KFH(AM) between 6 a.m. and 10 a.m. on these same 
dates.  Entercom argues that, assuming the material was 
aired as set forth in the complaint, it is not indecent 
since Segment 1 does not depict or describe sexual or 
excretory activities or organs;5 Segments 2 and 3 are not 
patently offensive since both segments are either open to 
harmless, non-sexual interpretations or are presented in a 
non-explicit, non-indecent manner;6 and Segment 4 is 
presented in an oblique manner that lacks an unmistakable 
sexual meaning.7  Entercom further argues that the 
Commission's indecency definition is unconstitutionally 
vague and overbroad;8 and that contemporary community 
standards have evolved to the point that the complained-of 
material is no longer patently offensive.9   

III.  DISCUSSION

     4.   The Federal Communications Commission is 
        authorized to license radio and television broadcast 
        stations and is responsible for enforcing the 
        Commission's rules and applicable statutory 
        provisions concerning the operation of those 
        stations.  The Commission's role in overseeing 
        program content is very limited.  The First 
        Amendment to the United States Constitution and 
        Section 326 of the Act prohibit the Commission from 
        censoring program material and from interfering with 
        broadcasters' freedom of expression.10  The 
        Commission does, however, have the authority to 
        enforce statutory and regulatory provisions 
        restricting indecency and obscenity.  Specifically, 
        it is a violation of federal law to broadcast 
        obscene or indecent programming.  Title 18 of the 
        United States Code, Section 1464, prohibits the 
        utterance of ``any obscene, indecent or profane 
        language by means of radio communication.''11  In 
        addition, consistent with a subsequent statute and 
        court case,12 Section 73.3999 of the Commission's 
        rules provides that radio and television stations 
        shall not broadcast indecent material during the 
        period 6 a.m. through 10 p.m.

     A.  Indecency Analysis

     5.   Any consideration of government action against 
        allegedly indecent programming must take into 
        account the fact that such speech is protected under 
        the First Amendment.13  The federal courts 
        consistently have upheld Congress's authority to 
        regulate the broadcast of indecent material, as well 
        the Commission's interpretation and implementation 
        of the governing statute.14  Nevertheless, the First 
        Amendment is a critical constitutional limitation 
        that demands that, in indecency determinations, we 
        proceed cautiously and with appropriate restraint.15  

     6.   The Commission defines indecent speech as language 
        that, in context, depicts or describes sexual or 
        excretory activities or organs in terms patently 
        offensive as measured by contemporary community 
        standards for the broadcast medium.16  

          Indecency findings involve at least two 
          fundamental determinations.  First, the 
          material alleged to be indecent must 
          fall within the subject matter scope of 
          our indecency definition -- that is, the 
          material must describe or depict sexual 
          or excretory organs or activities. 
          Second, the broadcast must be patently 
          offensive as measured by contemporary 
          community standards for the broadcast 
          medium.17

     7.   As discussed in further detail below,18 we find 
        that all of the segments describe or depict sexual 
        or excretory organs or activities and therefore fall 
        within the subject matter scope of our indecency 
        definition.  Entercom further acknowledges that 
        Segments 2, 3, and 4 depict or describe sexual or 
        excretory organs or activities.19  In Segment 1, the 
        running commentary of the hosts, in particular their 
        comments about the contestants' genitalia, buttocks 
        and breasts, describe or depict sexual or excretory 
        organs.  

     8.   We now turn to an analysis of whether the material 
        in the four segments subject to this NAL satisfies 
        the second prong of the Commission's two-part 
        indecency analysis - that is, whether the broadcasts 
        were patently offensive as measured by contemporary 
        community standards for the broadcast medium.  In 
        our assessment of whether broadcast material is 
        patently offensive, ``the full context in which the 
        material appeared is critically important.''20 Three 
        principal factors are significant to this contextual 
        analysis: (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.21  In examining these three factors, we 
        must weigh and balance them to determine whether the 
        broadcast material is patently offensive because 
        ``[e]ach indecency case presents its own particular 
        mix of these, and possibly, other factors.''22  In 
        particular cases, the weight of one or two of the 
        factors may outweigh the others, either rendering 
        the broadcast material patently offensive and 
        consequently indecent,23 or, alternatively, removing 
        the broadcast material from the realm of 
        indecency.24  

     9.   April 4, 2002, Broadcast.  With respect to the 
Indecency Policy Statement's first two factors, we find that 
the material reflected in Attachment A as Segment 1, a 
broadcast of ``Naked Twister'' with local strippers 
participating as contestants, dwells on descriptions of 
female genitalia and breasts in an explicit and graphic 
manner.  The commentary during the segment contains the 
following descriptions of the participants' vaginal areas:  
``[s]he's got the little mohawk downstairs;''25 ``she's 
apparently undergoing chemotherapy below...[t]hat means her 
hair is gone;''26 and ``[y]ou've got a little tattoo over 
your vagina.''27    The segment also includes unmistakable 
references to sexual activities, such as ``she could reach 
over and actually lick her on the nipple.''28  Multiple 
references are also made to sexual arousal, including one 
host stating that he has a ``boner,'' and another reference 
to a contestant's nipples being ``hard.''29  In contrast to 
Entercom's assertion, the Commission has, in fact, found 
similar material indecent.30  The references, to the extent 
they consist of innuendo, are nevertheless sufficient since 
the sexual import is unmistakable.31    Finally, the 
material is clearly intended to pander to and titillate the 
audience; the commentary is clearly intended to make the 
naked Twister game as titillating as possible by dwelling on 
the appearance of the contestants' sexual organs and the 
sexual arousal of the host and one of the contestants.  
Accordingly, we find that the broadcast of a game of ``Naked 
Twister'' by Entercom, during the hours between 6:00 a.m. 
and 10:00 p.m., apparently violated the pertinent statutory 
and regulatory provisions restricting broadcast indecency.    

     10.  April 29, 2002, Broadcast.  With respect to the 
Indecency Policy Statement's first two factors, we find that 
the material reflected in Attachment A as Segment 2, an on-
air interview with pornographic film actor Dave Cummings, 
dwells on descriptions of sexual activities in an extremely 
explicit and graphic manner.  During the interview, Mr. 
Cummings and the on-air hosts discuss numerous sexual acts, 
including a clear description of one female having 
intercourse with one actor while performing fellatio on 
another, and particular sexual stunts that involve the 
timing of ``money shots.''32  The interview also consists of 
a detailed description of the ``2002 Wildlife Productions 
Anal Contest,'' including the following commentary by one of 
the on-air hosts:  ``[w]ell, $1,500 extra to have some guy 
pound you in the wazoo.  I don't see how you can turn that 
down;''33  and ``[w]ell see, if you did reality, you know 
what it would be?  It would be like this.  You get out of my 
ass, please.  Will you please take that out of my ass.''34  
Dave Cummings further notes that he ``end[ed] up having sex 
with the trophy girl, and then one of the contestants yells 
over, `Daddy come do me, Daddy, come do me.'''35  Given the 
surrounding dialogue, a conversation with a pornographic 
actor discussing his business, such terms as ``money shot'' 
and ``doing'' women have a clear and unmistakable sexual 
import.  We have found similar material to be indecent or 
apparently indecent.36  There is no reasonable nonsexual 
interpretation to such phrases as ``anal contest'' and 
``please take that out of my ass.''  The material dwells on 
descriptions and/or depictions of sexual activities and 
organs.  In fact, throughout the entire segment, the hosts 
and guest describe one sexual encounter after another in 
graphic detail.   Finally, the stations use the material to 
titillate, shock and pander to the stations' listeners.  The 
sexual references are not made as part of a clinical 
discussion, but rather as a promotion for Dave Cummings' 
movies.  Accordingly, we find that the broadcast of an 
interview of pornographic film actor Dave Cummings by 
Entercom, during the hours between 6:00 a.m. and 10:00 p.m., 
apparently violated the pertinent statutory and regulatory 
provisions restricting broadcast indecency.      

     11.  May 2, 2002, Broadcast.  With respect to the 
Indecency Policy Statement's first two factors, we find that 
the material reflected in Attachment A as Segment 3, an on-
air interview with pornographic film star Ron Jeremy, dwells 
on descriptions of sexual activities and organs in an 
explicit and graphic manner.  In addition to discussing the 
number of women with whom Ron Jeremy has had sex, they 
discuss fellow-actor Rocko Vincente's films, in particular 
his desire to have women ``regurgitate on his quacky.''37  
The on-air hosts state that Ron Jeremy has a ``giant 
penis,''38 and that they are amazed that he is able to self-
fellate:

          Man's Voice:  Well, the fact that he's world-
          renowned Ron Jeremy, for being able to self-
          fellate, to do the full Ronty.

          Ron Jeremy:  Listen, I make sure that when I 
          do I wear a rubber, because I don't know 
          where he's been.

          Man's Voice:  Can you still do that?

          Ron Jeremy:  Well, since I got a little 
          chunky, I can only kiss the tip at this 
          point.39

During another portion of the segment, the hosts and Mr. 
Jeremy discuss a movie in which Mr. Jeremy had sex with an 
obese woman.  Mr. Jeremy states that ``[i]f a guy is doing a 
girl that's that big it's, anywhere you go, it goes in;''40 
``I think I had sex with a fold for half an hour;''41 and 
``I don't think I ever got to genitalia.''42  In response, 
the on-air hosts comment that ``[y]eah, her pudding looked 
like a catcher's mitt, dude;''43 and that ``[t]here was no 
way that his penis, even the size of his penis, there was no 
way it was long enough to get past the thighs.''44

     12.  The argument that the segment does not have an 
inescapable sexual meaning, or is not indecent based on 
precedent, is patently unpersuasive.  For instance, the 
sexual import of the word ``pudding,'' given the context of 
the surrounding discussion, is inescapable.  The segment 
dwells on descriptions and/or depictions of sexual 
activities and organs.  For instance, the hosts and guest 
discuss the size of Mr. Jeremy's penis; how another 
pornographic film actor likes to have sex; Mr. Jeremy's 
ability to self-fellate; and Mr. Jeremy's sexual encounter 
with an obese woman.  Further, much of the discussion 
graphically describes sexual activities, such as the 
interviewer's comment that the porn star's sexual organ was 
so large that he could ``self-fellate.''  Given the 
explicitness of the conversation, Entercom's argument that 
the segment did not have an inescapable sexual meaning is 
disingenuous, to say the least.  Finally, the discussion is 
in no way clinical, but is lewd, and we conclude that the 
stations aired the material to titillate, shock, and pander 
to the audience.  Accordingly, we find that the broadcast of 
an interview of pornographic film actor Ron Jeremy by 
Entercom, during the hours between 6:00 a.m. and 10:00 p.m., 
apparently violated the pertinent statutory and regulatory 
provisions restricting broadcast indecency.       

     13.  May 3, 2002, Broadcast. With respect to the 
Indecency Policy Statement's first two factors, we find that 
the material reflected in Attachment A as Segment 4, a 
broadcast of a pornographic film actress being masturbated 
to orgasm on-air with a vibrator, dwells on descriptions of 
sexual activities in an extremely explicit and graphic 
manner.  The actress instructs the on-air host on what to do 
to help her achieve orgasm, stating that she will ``pull it 
apart for you;'' that he should ``push down;'' and that he 
should ``[g]o like right there.  Right on the heel, the 
heel.''45 She then moans repeatedly, attempting to achieve 
what Entercom terms the ``Big O.''46  In fact, Entercom 
acknowledges that the segment ``involves an attempt by a 
woman to achieve the ``Big O.''47  The on-air commentary 
includes discussions about whether the on-air host should 
spank or pull the hair of the actress while inserting the 
vibrator.48  While the broadcast does not use specific terms 
for the sexual organs involved, the specific activity 
depicted is obvious, and the surrounding commentary leaves 
little to the listener's imagination.  The description is 
not clinical, but is lewd, and used to shock, pander, and 
titillate.  Accordingly, we find that the broadcast of 
Segment 4 during the hours between 6:00 a.m. and 10:00 p.m., 
apparently violated the pertinent statutory and regulatory 
provisions restricting broadcast indecency.       
                  
     14.  We reject Entercom's contention that, because 
        Station KQRC-FM generally enjoys high ratings, the 
        contemporary community standards of the Kansas City 
        listening community are such that the material is 
        not patently offensive.  The ``contemporary 
        standards for the broadcast medium'' criterion is 
        that of an average broadcast listener and with 
        respect to Commission decisions, does not encompass 
        any particular geographic area.49  Whether 
        particular material is actionably indecent does not 
        turn on whether the station that broadcast it (or 
        the program) happens to be popular in its particular 
        market.50  Further, a primary purpose of indecency 
        regulation is to protect children from graphic and 
        offensive sexual and excretory material, and 
        indecent material is prohibited from being broadcast 
        between 6 a.m. and 10 p.m. when children are likely 
        to be in the audience.51  By broadcasting this 
        material during this time period, Entercom 
        apparently violated the prohibitions in the Act and 
        the Commission's rules against broadcast indecency.

     15.  Finally, Entercom argues that the Commission's 
indecency standard is  unconstitutionally vague and 
overbroad, citing Reno v. ACLU52 and Ashcroft v. Free Speech 
Coalition.53  The constitutional validity of the 
Commission's indecency standard has been repeatedly affirmed 
by courts.54  As we have previously indicated, neither Reno 
nor Ashcroft alters this conclusion.55   

     B.   Proposed Forfeiture

     16.  Based on our review of the record in this case, we 
conclude that Entercom is apparently liable for a forfeiture 
for each airing of four different segments on WQRC-FM and 
KFH(AM).  Entercom does not deny that each of the captioned 
stations broadcast the ``Dare and Murphy Show'' on April 4, 
April 29, May 2, and May 3, 2002, and has failed to provide 
evidence that KFH(AM) edited the material during their 
regular broadcasts of the program.  

     17.  The Commission's Forfeiture Policy Statement sets 
a base forfeiture amount of $7,000 for the transmission of 
indecent or obscene materials.56  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.''57  Based upon our thorough review of the 
record, including the repetitive nature of the violations 
and Entercom's history of prior indecent broadcasts,58 we 
conclude that an upward adjustment of the forfeiture amount 
to the statutory maximum of $27,500 is warranted in this 
case for each instance in which Entercom apparently violated 
18 U.S.C.  1464 and 47 C.F.R.  73.3999.59  Thus, we find 
that the appropriate forfeiture amount is $110,000 for 
Entercom Kansas City License, LLC, and Entercom Wichita 
License, LLC, respectively, for a total of $220,000.  We 
also take this opportunity to reiterate our admonition 
(which took place after the behavior at issue here) that 
serious multiple violations of our indecency rule by 
broadcasters may well lead to the commencement of license 
revocation proceedings, and that we may issue forfeitures 
for each indecent utterance in a particular broadcast.60    

V.  ORDERING CLAUSES

     18.  ACCORDINGLY, IT IS ORDERED, pursuant to Section 
503(b) of the Communications Act of 1934, as amended, and 
Section 1.80 of the Commission's rules,61 that Entercom 
Kansas City License, LLC, and Entercom Wichita License, LLC 
are hereby NOTIFIED of their APPARENT LIABILITY FOR 
FORFEITURE in the total amount of One Hundred Ten Thousand 
Dollars ($110,000) each for willfully violating 18 U.S.C.  
1464 and Sections 73.3999 the Commission's rules.

     19.  IT IS FURTHER ORDERED, pursuant to Section 1.80 of 
the Commission's rules, that within thirty (30) days of the 
release of this Notice, Entercom Kansas City License, LLC, 
and Entercom Wichita License, LLC, SHALL PAY the full amount 
of the proposed forfeiture against it or SHALL FILE a 
written statement seeking reduction or cancellation of the 
proposed forfeiture.

     20.  Payment of the forfeiture must be made by check or 
similar instrument, payable to the order of the Federal 
Communications Commission.  The payment must include the 
NAL/Acct. Nos. and FRN Nos. referenced above.  Payment by 
check or money order may be mailed to Forfeiture Collection 
Section, Finance Branch, Federal Communications Commission, 
P.O. Box 73482, Chicago, Illinois 60673-7482.  Payment by 
overnight mail may be sent to Bank One/LB 73482, 525 West 
Monroe, 8th Floor Mailroom, Chicago, Illinois 60661.  
Payment by wire transfer may be made to ABA Number 
071000013, receiving bank Bank One, and account number 
1165259.

     21. The response, if any, must be mailed to William H. 
Davenport, Chief, Investigations and Hearings Division, 
Enforcement Bureau, Federal Communications Commission, 445 
12th Street, S.W, Room 4-C330, Washington D.C. 20554 and 
MUST INCLUDE the NAL/Acct. No. referenced above.

     22.  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.

     23. Requests for payment of the full amount of this 
Notice of Apparent Liability for Forfeiture under an 
installment plan should be sent to: Chief, Revenue and 
Receivables Operations Group, 445 12th Street, S.W., 
Washington, D.C. 20554.62 

     24. 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 Entercom 
Kansas City License, LLC, or Entercom Wichita License, LLC, 
qualify as a small entity and if it wishes to be treated as 
a small entity for tracking purposes, it should so certify 
to us within thirty (30) days of this NAL, either in its 
response to the NAL or in a separate filing to be sent to 
the Investigations and Hearings Division.  The certification 
should indicate whether Entercom Kansas City License, LLC, 
or Entercom Wichita License, LLC, including its 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.  
Entercom Kansas City License, LLC, and Entercom Wichita 
License, LLC's responses or failure to respond to this 
question will have no effect on their rights and 
responsibilities pursuant to Section 503(b) of the 
Communications Act.  If Entercom Kansas City License, LLC, 
or Entercom Wichita License, LLC have questions regarding 
any of the information contained in Attachment B, it should 
contact OCBO at (202) 418-0990.

     25.  Accordingly, IT IS ORDERED, that the complaint 
filed against Station KQRC-FM's broadcast of the ``Dare and 
Murphy Show'' on April 4, April 29, May 2, and May 3, 2002, 
IS GRANTED to the extent set forth herein.

     26.  IT IS FURTHER ORDERED, that copies of this Notice 
of Apparent Liability For Forfeiture shall be sent, by 
Certified Mail Return Receipt Requested, to Entercom Kansas 
City License, LLC, and Entercom Wichita License, LLC, 401 
City Avenue, Suite 809, Bala Cynwyd, Pennsylvania 19004, and 
their counsel, Brian M. Madden, Esq., Leventhal Senter & 
Lerman PLLC, 2000 K Street, NW, Suite 600, Washington, DC  
20006.

                              FEDERAL         COMMUNICATIONS 
COMMISSION



                              Marlene H. Dortch
                              Secretary


                        Attachment A


Segment 1:  April 4, 2002 at approximately 8:40 a.m.

MAN'S VOICE:  All right, we're gonna take those clothes off.  
Let's get ready to go.
          (To the tune of Can-Can.)  It's time to put them 
to the test, to find out which one is the best.  Everyone is 
on a mission, so let's start the competition.  Twister mats 
are all laid out, our club's the best you'll hear them 
shout.  But Dare don't care, he will not fake it, he just 
wants to see them naked.
          Naked Twister, oil them up and watch them go.  
Done with strippers, rolling naked on the floor.  Naked 
Twister, look at all that silicone.  Done with strippers, 
but Dare will still go home alone.
MAN'S VOICE:  That's right, it's the first annual Johnny 
Dare and Murphy in the morning naked Twister stripper 
invitational.  With girls from gentlemen's clubs all over 
town competing to find out who is the best.
MAN'S VOICE:  Who the hell are we trying to kid?  This is 
just Johnny's way of seeing some naked chicks without having 
to shell out some singles.
MAN'S VOICE:  And here's your host --
MAN'S VOICE:  One of whom's gonna be wearing a callous on a 
certain part of his body later --
MAN'S VOICE:  Johnny Dare and Murphy.
MAN'S VOICE:  All right, the ladies are peeling it off right 
now, as a matter of fact.  There seems to be some 
apprehension in a couple of them, but the others really care 
about this game.
MAN'S VOICE:  You know what, I think that they're really, 
they're getting set up for the whole thing.  Where's my list 
of the girls?  So I can remember everybody's name.
MAN'S VOICE:  We've got Rio, Olivia, Charity, and Taylor.
MAN'S VOICE:  Now, Rio's got some huge boobs on her.  
Seriously large.
MAN'S VOICE:  Yeah, that's true.  Very impressive.
MAN'S VOICE:  She's got the little mohawk downstairs.  She's 
got a little mohawk.
Now, Olivia, Olivia's got some nice breasts, also, and she's 
also got the mohawk.
What else do we got here?  Sasha.
WOMAN'S VOICE:  Ooh, check out the tattoo.
MAN'S VOICE:  Ooh, nice.  Got a little heart tattoo.  And 
she's apparently undergoing chemotherapy down below.
MAN'S VOICE:  I get it.  That means her hair is gone.
MAN'S VOICE:  Yeah.  Taylor, who's got nice breasts.  And 
Taylor is also -- oh, so sad.
WOMAN'S VOICE:  They have matching tattoos.
MAN'S VOICE:  That's so sad.  That is so sad.
MAN'S VOICE:  This is so nice, though.  This is about 
people, and I think that's what nude Twister does is bring 
people together.
MAN'S VOICE:  And Charity.  Charity.  You've got a little 
tattoo over your vagina, Charity.  Yes, you do.
MAN'S VOICE:  That's very nice.  Is that like a bat of some 
sort?
WOMAN'S VOICE:  It's a butterfly.
MAN'S VOICE:  Oh, it's a butterfly.  And it looks like it 
turned into a caterpillar.
          (Laughter.)
MAN'S VOICE:  Get the hell out of here.  Look at him, Roger 
Carson just walked in.  He just wants to come in.  He's 
older and creepy.
MAN'S VOICE:  Get these horny guys out of here.  We're 
professionals.
MAN'S VOICE:  Now, we've got the girls.  Are you ready to 
go?
MAN'S VOICE:  Johnny and I don't even know they're nude.  
That's cuz we're professionals and we care about the game, 
right?
MAN'S VOICE:  Well, we're not looking at them personally.
MAN'S VOICE:  No.  This is a professional series.
MAN'S VOICE:  It's about the competition, ladies.  I want 
you to try hard.  I want you to win for your clubs.  I mean, 
you're representing each of the clubs, the Show, Badda-Bing, 
Satin Dolls, Temptations, Whispers, they're all there.  And 
you need to win.  We don't even see you naked.  You're not 
naked to me.
WOMAN'S VOICE:  I'm not naked.
MAN'S VOICE:  Not naked.
WOMAN'S VOICE:  Yeah, she has a hat on, for God's sake.
MAN'S VOICE:  Yeah, she can't be naked.  She's wearing a 
cowboy hat.
Now, T, you're going to put the aloe vera baby oil down.
MAN'S VOICE:  Yes, I am.  This has vitamin E in it.
MAN'S VOICE:  Oh, that's good.  Now, who's the baby oil 
brought to you by?  What product?
MAN'S VOICE:  It's brought to you by Equate today.
MAN'S VOICE:  Oh, Equate.  They're very good baby oil 
people.  They're the best in nude Twister.
MAN'S VOICE:  Squirt that thing down, hose it down.
MAN'S VOICE:  By the way, ladies, just so you know, ladies, 
the winner does get to go to Manhattan, Kansas for the semi-
finals.
          (Laughter.)
MAN'S VOICE:  And we're going to send you out in a Ramada 
minivan.
MAN'S VOICE:  Ooh, when did that happen?  I didn't even know 
we got that done.
MAN'S VOICE:  Actually, I was on the phone last night til 
like 3.
MAN'S VOICE:  You are the man.
MAN'S VOICE:  I do a lot of trade.
MAN'S VOICE:  All right, now, this is how it works.  T-Bone, 
you're gonna line them up, since you have been the official 
Twister placement guy.
MAN'S VOICE:  Right.
MAN'S VOICE:  All right, line them up there.
MAN'S VOICE:  Okay.  You two over on this side here, and --
MAN'S VOICE:  You two over there.  They have names, too, 
Bone, okay?
WOMAN'S VOICE:  Yeah, come on.
MAN'S VOICE:  They're human beings, my God.  Sasha, Olivia -
-
MAN'S VOICE:  Don't treat them like meat.
MAN'S VOICE:  -- please get over in an area that I can see.  
Charity, Taylor, very good.
MAN'S VOICE:  All right, everybody has been lined up.  The 
field is ready for play.  That means you lined them up, the 
order will go Rio, Sasha, Olivia, Charity, then Taylor.  You 
must move.  If it says right hand green, and you're already 
right hand green, you must switch to another green.  You 
must always make a move.  The last one standing of course is 
the winner.  Anybody falls, your ass hits, you're out.  You 
guys ready?  Ladies, are you ready?
WOMEN'S VOICES:  Ready.
MAN'S VOICE:  Very good, all right.  Are they all oiled 
down?
MAN'S VOICE:  I'm getting ready to oil everybody's hands 
right now, but the --
MAN'S VOICE:  No, no, they're all fine.  You don't have to 
oil their hands.  The oil's on the mat.
WOMAN'S VOICE:  Nice try.
MAN'S VOICE:  Nice try, dude.  If there's enough oil on the 
mat, why don't you step away from the women?  Step away from 
the girls.
MAN'S VOICE:  Yeah, why don't you get away, out of my 
eyesight?
          (Laughter.)
MAN'S VOICE:  Ladies, just a quick fun fact about nude 
Twister.  Because of the oil there's no friction, so be 
careful when you go down.  I don't want you to fall too 
fast, okay?  I need you to stay here for a long time.
WOMAN'S VOICE:  Right.
MAN'S VOICE:  All right, let's start.
MAN'S VOICE:  Oh, my God.  Rio, right foot yellow.  She has 
accomplished her goal.
MAN'S VOICE:  She's very good at it.  Very nice, very nice.
          (Applause.)
MAN'S VOICE:  Bob, you're gonna have to go a lot faster than 
this.
MAN'S VOICE:  Okay.  Sasha, left hand blue.
MAN'S VOICE:  Oh, the first bend-over.  Nice job, Sasha.
MAN'S VOICE:  Olivia, left hand red.
MAN'S VOICE:  Olivia, oh, hey, how does that look?
MAN'S VOICE:  Charity, left hand yellow.  This is happening, 
baby.
MAN'S VOICE:  Yeah, it is.  This is starting to work.  This 
is starting to go now.
MAN'S VOICE:  Taylor, blue, right foot, baby.
WOMAN'S VOICE:  Which one is my right?
MAN'S VOICE:  Let me come over and show you.  Oh, my God.
MAN'S VOICE:  Dude, there's guys looking through the window.
MAN'S VOICE:  Oh, look at this guy here.  Who's this sleaze-
bucket?  Oh, get the hell away from this.
          (Laughter.)
MAN'S VOICE:  Hey, Bob, Bob, Bob, come back and spin.
WOMAN'S VOICE:  The show's in progress.
MAN'S VOICE:  Come back and spin.  He's holding stuff over 
the window.
MAN'S VOICE:  Well, who is that guy?
MAN'S VOICE:  It's okay if they look.
MAN'S VOICE:  No, it's not.
MAN'S VOICE:  Why not?
MAN'S VOICE:  This isn't the NBC Today Show.
          (Laughter.)
MAN'S VOICE:  My God, they're kind enough to come down here 
and get nude.
MAN'S VOICE:  Spin!
MAN'S VOICE:  Oh, shut up.
MAN'S VOICE:  Spin, Bob, spin!
MAN'S VOICE:  Left hand yellow, Rio.
MAN'S VOICE:  Oh, there's Rio bending over.
MEN'S VOICES:  Aaah.
WOMAN'S VOICE:  Nice shot for me.
MAN'S VOICE:  And Taylor's (inaudible).
MAN'S VOICE:  Okay, slap someone's ass, yellow.  No, I'm 
teasing.  Sasha, right hand green.  Olivia, blue, right 
foot.
MAN'S VOICE:  Oh, see, we've got some movement.
MAN'S VOICE:  Charity, red foot yellow.
WOMAN'S VOICE:  Red foot yellow?
MAN'S VOICE:  Oh-oh, now see, we're starting to get a little 
contact, girl-on-girl contact now.
MAN'S VOICE:  I am getting a little nervous.  Yeah, Taylor, 
blue, left hand.
MAN'S VOICE:  Oh, look at that.  Now, see, Taylor is up next 
to Charity's right breast.
MAN'S VOICE:  This is perfect.
MAN'S VOICE:  And she could reach over and actually lick her 
on the nipple.
MAN'S VOICE:  Yeah, Rio --
WOMAN'S VOICE:  And her head is close to Rio's butt.
MAN'S VOICE:  Oh, yes.
MAN'S VOICE:  Rio, you're now going for bonus points, okay?  
All feet on me.  I'm sorry, that's wrong.  Right hand 
yellow, Rio.
MAN'S VOICE:  Right hand yellow.
WOMAN'S VOICE:  Oh, scratch.  You've got to go clear over.
MAN'S VOICE:  You must move.  You must move.
          (Simultaneous talking.)
MAN'S VOICE:  Yeah, you can.  Please, we encourage you using 
the same space someone else is in.  I'm a guy.
Okay, red, right foot.
WOMAN'S VOICE:  Their name's not red.
MAN'S VOICE:  I have a boner.
          (Laughter.)
MAN'S VOICE:  I'm gonna be honest.  I'm sorry.  Sasha, it's 
left foot green now.
MAN'S VOICE:  Oh, let's see where Sasha moves now.
MAN'S VOICE:  Olivia.
MAN'S VOICE:  You've got to get that in.
WOMAN'S VOICE:  Ooh, a cross-over.
MAN'S VOICE:  Oh, nice cross, Sasha.  Ooh.
MAN'S VOICE:  Olivia from Temptations, left foot red.
MAN'S VOICE:  Olivia!
MAN'S VOICE:  Left foot red, Olivia.
MAN'S VOICE:  Come on, you can do it.  Oh, hello!
MAN'S VOICE:  People, people who need people.
MAN'S VOICE:  Wow, that just got real open.
MAN'S VOICE:  Charity, left foot green.  Charity, do you 
need some help?  I can come over there.
WOMAN'S VOICE:  I have a triple-butt shot.
MAN'S VOICE:  We also need to keep talking about which club 
they're from, cuz I want people to understand who's more 
limber, who's --
MAN'S VOICE:  Taylor, actually, from Whispers, is going to 
go right hand green right now.  Taylor from Whispers, why 
don't we go ahead and make that happen?  Oh, yeah.
MAN'S VOICE:  Taylor's making -- oh.
MAN'S VOICE:  She's a little closer into the action.
MAN'S VOICE:  Every girl is bent over right now.  They're 
all down there.
MAN'S VOICE:  This is very exciting.  Rio, you're going to 
have to go right hand green now.
MAN'S VOICE:  Oh, she'll never make that.  Did she do it?
MAN'S VOICE:  She did it, baby.  She's a professional.
MAN'S VOICE:  Oh, my God.  There's three asses right in a 
row, all touching, all sticking up in the air.
MAN'S VOICE:  Okay, Olivia from Temptations, very exciting, 
left foot yellow.
MAN'S VOICE:  Left foot, can she make it?  Olivia, can you 
do it?
MAN'S VOICE:  She almost, she's getting there.
WOMAN'S VOICE:  Oh, no.
MAN'S VOICE:  Oh, no!  Oh, my God!  Ohhh.
MAN'S VOICE:  Oh, Olivia's out of the game.
MAN'S VOICE:  Olivia's out of the game.
WOMAN'S VOICE:  Nice job, though.
MAN'S VOICE:  Nice job, though, Olivia.  Nice job.
MAN'S VOICE:  Well, Olivia is the first one out of the game.
MAN'S VOICE:  Olivia, stand up.  Stand up.
MAN'S VOICE:  As your parting gift I'll have to wipe you 
down.
MAN'S VOICE:  Come over here, come over to the mike.  What 
happened there, Olivia?  What happened?
MAN'S VOICE:Did you feel the pressure?
WOMAN'S VOICE:  It got slippery.
MAN'S VOICE:  And you couldn't make it any more?  You didn't 
feel like you could keep going?
WOMAN'S VOICE:  It got slippery, man.
MAN'S VOICE:  That's why there's baby oil.
MAN'S VOICE:  Now, in your profession, that's dangerous.
MAN'S VOICE:  That is dangerous.  Because the stage is 
normally dry.
WOMAN'S VOICE:  Yes.
MAN'S VOICE:  And the pole is normally wiped down.
WOMAN'S VOICE:  Yes, every time.
MAN'S VOICE:  But this is another degree of difficulty, 
isn't it?
WOMAN'S VOICE:  This is out of control.
MAN'S VOICE:  Very good.  Olivia from Temptations, thank you 
very much.  Nice job, nice job.  She's gonna put her clothes 
on.  We still have who left?
MAN'S VOICE:  Well, we're very excited, we're going down now 
to Charity.  Charity, we're going to have to go left hand 
yellow now, Charity.  Charity?  Oh, yeah.
MAN'S VOICE:  Oh, yeah.
MAN'S VOICE:  Yeah, that's nice.
MAN'S VOICE:  Charity's nipples are hard.Segment 2:  April 29, 2002 at approximately 8:40 a.m.


MAN'S VOICE:  Dave Cummings, porn star/producer/director, is 
a very unique adult film star, so his biography says.  He 
was almost 55 years old before he launched his acting 
career.  Now over 61, Dave Cummings is regarded as a major 
adult porn star who has appeared in over 200 adult films, 
and who is known internationally as a stud who possesses 
unlimited sexual stamina.
          This is creepy cuz he's old.  He's almost bald, a 
little overweight, and he was in such movies as The Big 
Feast, Papparazzi, Tales of Perversity, Anal Gateway, 
Grandpa Dave's Bedtime Tales, We Go Deep, Number Nine, Sugar 
Daddies, Porno Gothic, Second Wives' Club, Filthy First 
Timers, Eat at Dave's, Screw my Wife Please.  He was the 
star in all of those, and he's with us right now.  Big Dave 
Cummings, what's going on, man?
MAN'S VOICE:  Hey, good morning, folks.  How you doing?
MAN'S VOICE:  Nice to have you on the show this morning.
MAN'S VOICE:  Hey, I'm glad to be here.  I remember being on 
this show before; it was fun.
MAN'S VOICE:  Yeah, I think we talked to you when you were 
just starting to get into it.  Now, how has it been as far 
as the movies go?  You're still doing all the movies.  
You're the world's oldest active porn star.
MAN'S VOICE:  Actually, I'm up to about movie 310 or 315, 
and I've been in about 525 sex scenes.  It's been over six 
years since I started.  I'm 62 now.
MAN'S VOICE:  Happy birthday, by the way.

*****
MAN'S VOICE:  You run into Ron?
MAN'S VOICE:  Hey, in fact, on a week from Saturday, on May 
11, Ron and I are signing autographs together at Dr. Love's 
Bookstore here in San Diego, for a big party that they have 
here every year.
          I got to tell you, Ron and I do the countdown.  I 
did it the other day; in fact, it was yesterday I did it.  
Where you have the girl count down from 20 to one, we do the 
money shot right on zero.  The last time Ronny and I were -- 
no, it wasn't the last time.  But one other time Ronny and I 
were both playing doctors treating a girl for slutitis.
MAN'S VOICE:  Oh, my God.
MAN'S VOICE:  And we did the money shot.  And on zero, the 
last time, though, Ronny was looking like he was putting the 
Ronny grip on himself.  And I looked on up, and I said man -
- he was in the bottom portion, and I was on the head 
portion -- and I said, I'd better get out of the way, or I'm 
gonna get hit.  And I moved my leg out of the way just in 
time.
          (Laughter.)
MAN'S VOICE:  I mean, we weren't exactly on zero that time, 
but we were only a second or two off.
          (Laughter.)
*****
MAN'S VOICE:  If she [my ex-wife] watches the movies, she 
doesn't tell me she's watching the movies.  And I don't care 
if she watches or not.  All I care about is who's the next 
girl.
          In fact, I'm sitting here right now going through 
the 302 emails I got overnight.  And there's one of them 
from a photographer that I worked for yesterday doing a 19-
year-old girl for an internet site.
MAN'S VOICE:  Right.
MAN'S VOICE:  And oh, is she gorgeous.  And I'm doing her 
Friday afternoon, too.
MAN'S VOICE:  I'm doing her Friday afternoon.  For what 
movie will that be?
MAN'S VOICE:  It's gonna be a Knee Pad Nymphos Number Four.
MAN'S VOICE:  Oh, okay.  You've been in all the Knee Pad 
Nymphos.
MAN'S VOICE:  You know, almost every major girl has been in 
the first three.  I even did a scene with Shana McCullough, 
porn legend superstar, in a peep-show booth at a local dirty 
bookstore recently.
WOMAN'S VOICE:  Oh, Dave.
MAN'S VOICE:  You know, everybody's fantasy is being in one 
of those places and have a porn girl walk in and do you?  
Well, that's what we did.
WOMAN'S VOICE:  Is that everybody's fantasy?
MAN'S VOICE:  Well, it's a lot of guys'.  You know, it's 
like the guys that are fantasizing about going into a 
massage parlor and having the girl jump on him.  And that's 
what yesterday's photo shoot was all about.
MAN'S VOICE:  Now, what have you got coming up?  I know you 
got to bang that girl on Friday.  Throughout this week, 
though, Monday, Tuesday, Wednesday, Thursday.
MAN'S VOICE:  Wednesday I'm doing something called, I don't 
know if I can say this word.  I guess I can.  It's the 2002 
Wildlife Productions Anal Contest.
MAN'S VOICE:  Oh, yeah, you can say contest.
MAN'S VOICE:  Okay.  So we've got five girls.  I play the 
judge.  Ronny, in fact, is the emcee, Ron Jeremy, for that 
thing.
MAN'S VOICE:  Uh-huh.
MAN'S VOICE:  Now, the last time we did one, we did one a 
couple years ago, same thing.  He was the emcee, I was the 
judge.  He and I both end up having sex with the trophy 
girl, and then one of the contestants yells over, "Daddy, 
come do me, Daddy, come do me."  So I had to get Ronny come 
on back and do the trophy girl, while I did one of the 
contestants.
MAN'S VOICE:  Now, what is anal contest?
MAN'S VOICE:  Well, it's just gonna be a movie, very anal-
themed.
MAN'S VOICE:  Yeah, I'm getting that.
MAN'S VOICE:  And the girls all picked a name out of a hat 
of one of the guys, and then they get a half an hour to do a 
sex scene, while we judges, including Cindy Cox, she's one 
of the judges, she and I play around there at the judges' 
table a little bit, we watch the scene.  And then we vote, 
and afterwards the winners win $1500 in addition to their 
normal $1,000 fee for doing it.
MAN'S VOICE:  Well, $1500 extra to have a guy pound you in 
the wazoo.  I can't see how you can turn that down.
MAN'S VOICE:  Hey, listen, I gotta tell you, I'm putting the 
word out that the judge can possibly be bribed, though when 
it comes to the voting time he's gonna be objective.  But it 
might not be a bad idea to be in good with the judge.
MAN'S VOICE:  Now, what is the voting criteria at an anal 
contest like that?
MAN'S VOICE:  Enthusiasm, the different positions --
MAN'S VOICE:  Lack of screaming?
WOMAN'S VOICE:  Enthusiasm?
MAN'S VOICE:  Yeah, you know, but we want real stuff.  We 
don't want the fake stuff, we want reality.
MAN'S VOICE:  Well, see, if you did reality, you know what 
it would be?  It would be like this.  "You get out of my 
ass, please.  Will you please take that out of my ass?"
MAN'S VOICE:  You'd think we were at a farm with a bunch of 
pigs squealing.
MAN'S VOICE:  Yeah, reality is the girl making a dolphin 
noise and shooting off into the side of the room.  Ah, wooh!  
If you try that again you're a dead man.
Segment 3:  May 2, 2002 at approximately 8:45 a.m.

MAN'S VOICE:  Are you ready to bring on the star of the 
show?  Johnny Dare right now with a special Johnny Dare 
guest.
MAN'S VOICE:  Ron Jeremy.  Now, Ron Jeremy is going to be on 
this phone here, but we've got a list of his credits.
MAN'S VOICE:  That's right, all the movies he's been in.  
The legend of Ron Jeremy.  Fugli, Fluffer, the Big-Boobed 
Bum Cake, Reindeer Games, Rear-day Games, Slut Bums and 
Housewives, Detroit Rock City, Booty Duty -- can't say that 
one -- Humpkin Pie, Back-Door Imports, Nasty-Pants, Fillmore 
Butts Hawaiian, and Anal Adventure, Sergeant Pecker's Lonely 
Heart Club's Gang Bang, okay, Snatchmasters, starring Arnold 
Schwarzenegger --
MAN'S VOICE:  (Schwarzenegger impression.)
MAN'S VOICE:  What a nice girl like you is doing in an anal 
movie, what's a lesbian doing in my private movie, What's 
Up, Tiger Puddin, Big Boobs in Buttsville, and many, many 
more.  Like Luigi's Butt Party, Tracy Lord's the E True 
Hollywood Story, Wad, the Life and Times of John C. Holmes, 
Crackpot and Everything.  And also Orgasmo, Meet Wally 
Sparks, Anal Jeopardy, and many, many more, such as Bums Who 
Blow, Cream of my Melons, Jiggly Queen -- can't say that 
one, can't say that one -- Gin Game Oriental Love Bang, Anal 
Owl Adventures, and many more, all fun for the kids.
MAN'S VOICE:  Ron Jeremy is here with us right now.  Ron, 
welcome back to the show, man.  How are you?
WOMAN'S VOICE:  Hi, Ron, how are you?
RON JEREMY:  Hi, you guys, it's great to be here.
*****
MAN'S VOICE:  That would be you.  But Ron, you do have a 
giant penis.
RON JEREMY:  Well, I don't know.  It's trick photography.
*****
MAN'S VOICE:  Dude, you're the king, Ron.  You're the king 
of all porn, man.
RON JEREMY:  Well, I try and do some things, you know.
MAN'S VOICE:  How many different movies you been in?
RON JEREMY:  Porn?  About 1,700.
MAN'S VOICE:  That's a lot of porn.
RON JEREMY:  I've had 1,701 women in my whole life.  One 
girl actually liked me.
MAN'S VOICE:  I think people actually like you, though, 
because you're the hedgehog of love.  You're kind of 
overweight, you're --
RON JEREMY:  Well, you know, I'm kind of the average-looking 
guy, you know.
MAN'S VOICE:  Yeah.  And so guys, they don't mind seeing you 
in the movies nailing the hot girls, cuz it makes it seem 
more possible that we'll get --
RON JEREMY:  There you go, that's exactly correct.
MAN'S VOICE:  So I heard there's a school for people who 
want to be a porno star.  They go to like the classes or 
something like that.
RON JEREMY:  Yeah, right.  Yeah, I want to teach this class.  
Okay, guys, one, two, and one, one, two, and hold.  One, 
two, all the way in, one, two, and hold.  Yeah, sure.  We'll 
do our exercises.
MAN'S VOICE:  Make it look like a glazed doughnut.
RON JEREMY:  Yeah, push-ups, pull-ups, and throw-ups.
          (Laughter.)
MAN'S VOICE:  So what do you think about these international 
porno stars?  Like Rocko Freaks, what is his name?  Rocko -- 
RON JEREMY:  He's a good guy.  Rocko Vicente.  I hung out 
with him.  He took me to his home and his family.  He's a 
good guy, actually.
MAN'S VOICE:  He has a family?
RON JEREMY:  He's tough.  I mean, you know, certain scenes, 
like he does the max hardcore or extreme, they're strong.  
There's an audience for them, and some girls actually like 
that, you know?
MAN'S VOICE:  I guess I haven't seen this stuff.  What do 
you mean it's strong, Ron?
RON JEREMY:  Well, you know, slapping, choking, you know.  
Wrestling, that kind of stuff.  Rocko's rough, that's all, 
rough.
MAN'S VOICE:  What he does, he takes a girl's nose and he 
pinches it, and then he puts his (whistles) right in there.
RON JEREMY:  The thing is, though, in Europe the films are 
much stronger than they are here in America.  They really 
are.
MAN'S VOICE:  Why is he holding her nose?
MAN'S VOICE:  I don't know, because he wants her to 
regurgitate on his quacky.
          (Laughter.)
*****
MAN'S VOICE:  Totally.  I mean, it's like, you know, 
sometimes there are other things.  Is that his real pecker, 
or is it hollow, like an Easter bunny?  That is wild stuff.
MAN'S VOICE:  Well, the fact that he's world-renowned, Ron 
Jeremy, for being able to self-fellate, to do the full 
Ronty.
RON JEREMY:  Listen, I make sure that when I do that I wear 
a rubber, because I don't know where he's been.
MAN'S VOICE:  Can you still do that?
RON JEREMY:  Well, since I got a little chunky, I can only 
kiss the tip at this point.
*****
          
RON JEREMY:  You know, Eddy Murphy did a routine about that.
MAN'S VOICE:  Did he really?
RON JEREMY:  Yeah.  Actually it was in my documentary, but 
then we couldn't get the rights, because he's very tough 
about that, you know.
MAN'S VOICE:  What was his routine about?
RON JEREMY:  He actually mentions me.  It was in front of 
the Meadowlands, 18,000 people.  Mike Tyson was there, 
Brooke Shields.  He goes, "You know, I was watching a video 
that Ron Jeremy made.  He could do," you know, blah-blah-
blah, he tells the whole story.  He goes, "If I could do 
that, I'd never leave the house."  It was a funny routine, 
you know.
MAN'S VOICE:  That does sound just like Eddy Murphy.
RON JEREMY:  A little bit.
MAN'S VOICE:  So you're gonna be coming in with Anna Mall.  
Now, she's a porn star.  She's done a bunch of porn movies?
RON JEREMY:  Yeah, she's a hot one.
MAN'S VOICE:  Have you nailed her?
RON JEREMY:  She gives like really powerhouse scenes.  She's 
known for that.
MAN'S VOICE:  Have you done her?
RON JEREMY:  A couple times, I think, yeah.
MAN'S VOICE:  Now, all the above?  I mean, three-input girl?
RON JEREMY:  I don't know if I did that.  I think she does, 
but I'm not sure if I did it with her, though.
MAN'S VOICE:  Now, when you hook up with her, because I 
always wondered about porno stars.
MAN'S VOICE:  He's not sure, he can't remember.
MAN'S VOICE:  They'll be just like, you know, hey, what are 
you doing, Anna?  You want to go eat some food afterwards?  
You can blow me and we'll go over there and just -- I mean, 
is it that pretty casual when it's all just porn stars 
sitting around?
RON JEREMY:  Sometimes it really is, yeah.  I mean, the sets 
are very friendly.  There's a lot of food, people just 
hanging out.  There might be some couple going at it in the 
back.  It's very strange, but fun, you know.
MAN'S VOICE:  Does sex just break out, besides the stuff on 
camera, on porn?
RON JEREMY:  Once in a rare while that could happen.  Like 
you know, it could happen a lot like say in an orgy scene, 
where you have a lot of guys and a lot of girls at the same 
time just hanging out.  Only they're waiting and waiting for 
this scene, and they get bored.  And they go, oh, just come 
over here.  And since that's happening, it's kind of funny 
sometimes.

*****
MAN'S VOICE:  Oh, yeah, I saw the one with the big, old 
chick, man.  She must have weighed like 500 pounds.  One of 
them looked like Aaron Neville's mole on her.
RON JEREMY:  If a guy is doing a girl that's that big it's, 
anywhere you go, it goes in.
MAN'S VOICE:  Oh, yeah.  And the thing is --
MAN'S VOICE:  I have that movie at home.  You had sex with 
the fattest girl I've ever seen, so fat it's beyond --
RON JEREMY:  It was called Fatliners.  It's about life after 
death after lunch.
MAN'S VOICE:  And you couldn't tell?
MAN'S VOICE:  Yeah, her puddin looked like a catcher's mitt, 
dude.
RON JEREMY:  All I can say is, guys, I think I had sex with 
a fold for half an hour.
MAN'S VOICE:  No, I'm not kidding --
RON JEREMY:  I don't think I ever got to the genitalia.
MAN'S VOICE:  I'm not kidding, how much did that girl weigh?
RON JEREMY:  Oh, gosh, maybe about three or four hundred.
MAN'S VOICE:  Oh, I think it had to be every bit of 500.
RON JEREMY:  She did the Michelin woman, didn't she?
MAN'S VOICE:  It was ridiculous.  You know in porn movies?  
In porn movies there's a close-up, you can see everything.  
You couldn't tell where it was going.
MAN'S VOICE:  He said he was in a fold for half an hour.
MAN'S VOICE:  He could have been.
RON JEREMY:  Yeah, I don't think I ever got to the genitals.
MAN'S VOICE:  There was no way that his penis, even the size 
of his penis, there was no way it was long enough to get 
past the thighs.  The thighs were so tall, he couldn't get 
past them.
RON JEREMY:  Well, guys, I was paid, you know.
Segment 4:  May 3, 2002 at approximately 8:40 a.m.

MAN'S VOICE:  In fact, we have the audio here.  Dennis, I 
don't know if you heard this or not.  Listen to this, you 
guys.  We're gonna play it down the line.
          Now, you had something you wanted to offer up to 
T-Bone?
WOMAN'S VOICE:  Yes, T-Bone.  You know, my little pocket 
rocket here is getting real lonely, and I need some help 
with something.
WOMAN'S VOICE:  Oh, no.
MAN'S VOICE:  Oh, man.
MAN'S VOICE:  What is it you need help with?  What are you 
asking?
WOMAN'S VOICE:  (Laughs.)  You got to put it right there.
MAN'S VOICE:  Dude, your wife will off you.  You'll be 
divorced.  Look at, she's holding it.
MAN'S VOICE:  Oh, God.
MAN'S VOICE:  Sunset apparently really wants you to do it 
now.
WOMAN'S VOICE:  Here she comes.
MAN'S VOICE:  Oh, she's coming over to T-Bone.  Hold on, T-
Bone, what do you want to do here, man?  This is his life's 
dream, because he's all into Sunset.  She's already started 
without you there, T.
WOMAN'S VOICE:  You're taking too long.
MAN'S VOICE:  What are you gonna do, man?  You got to decide 
right now.  Your wife, you know she's listening.  Sunset 
Thomas, you're absolute biggest porn star that you ever -- 
good God almighty, I can't even look over there right now.
          But here's the deal.  She wants to reach the big O 
apparently.
WOMAN'S VOICE:  Right, right.
MAN'S VOICE:  And you would have to actually do the deed.
MAN'S VOICE:  With a pocket rocket.
MAN'S VOICE:  I personally would say you're looking at the 
big D.  Is this cheating, Murphy, to you?
WOMAN'S VOICE:  I don't think it's quite cheating.  It's not 
real good, but it's --
MAN'S VOICE:  Using a marital aid on another woman is not 
cheating?
WOMAN'S VOICE:  But he's not touching me, he's touching the 
toy.
WOMAN'S VOICE:  Right.
          (Applause.)
WOMAN'S VOICE:  Okay, we just justified that.
MAN'S VOICE:  There's logic there.  And he is wearing all 
his clothes, and no --
WOMAN'S VOICE:  And he hasn't touched me at all.
WOMAN'S VOICE:  Oh, yeah, there's nothing intimate going on.
MAN'S VOICE:  Yeah, if you don't want to call that intimate.  
But his clothes did not come off; therefore, another point 
towards the non-cheating line.
WOMAN'S VOICE:  Right.
MAN'S VOICE:  You know, none of his clothes are coming off, 
and he's only touching the actual vibrator, the toy.
WOMAN'S VOICE:  Yeah, the toy, right.
MAN'S VOICE:  And so he's not actually touching her.
WOMAN'S VOICE:  No.
MAN'S VOICE:  So how could he be cheating?
MAN'S VOICE:  Ooh, and it's educational, too, cuz I'm doing 
a service to the listeners showing if the pocket rocket 
works or not.
*****
MAN'S VOICE:  Are you?  You're gonna go for it?  You're 
gonna have to instruct him while he's doing it, because he 
may not know how.
WOMAN'S VOICE:  Okay.  Well, you got to turn it on.
MAN'S VOICE:  Okay.  Let's see, open -- on.  There's the on 
button.  All right.
MAN'S VOICE:  Just follow her instructions.
MAN'S VOICE:  Okay.
WOMAN'S VOICE:  Now I'll pull it apart for you.
MAN'S VOICE:  Oh, my God.
          (Laughter.)
MAN'S VOICE:  Now, what's that say?
WOMAN'S VOICE:  Now you see that (blanked out)?
          (Yells.)
MAN'S VOICE:  Easy.
WOMAN'S VOICE:  Go to like right there.  Right on the heel, 
the heel.
WOMAN'S VOICE:  Yours has a heel?
MAN'S VOICE:  It's a foot long, yeah.
WOMAN'S VOICE:  Now, push down.
MAN'S VOICE:  Push it, like that there?
MAN'S VOICE:  Oh, my God.
WOMAN'S VOICE:  Yeah.
MAN'S VOICE:  Oh, oh, ooh.  My fingers, I feel so tingly.
WOMAN'S VOICE:  Your fingers feel tingly?  Oh, perfect.
MAN'S VOICE:  Like that there?  Oh, yeah.  Like that there?
MAN'S VOICE:  Oh, my God.
MAN'S VOICE:  Oh, yeah.
WOMAN'S VOICE:  Don't talk.
MAN'S VOICE:  He is gaining confidence as he goes along.
MAN'S VOICE:  Take the vibrator.
WOMAN'S VOICE:  (Moaning.)
WOMAN'S VOICE:  Please.
WOMAN'S VOICE:  (Moaning.)
MAN'S VOICE:  Why do I know I'm getting fired today?  Why do 
I just know?
WOMAN'S VOICE:  (Panting, moaning.)
MAN'S VOICE:  Are you done?
WOMAN'S VOICE:  No, she's at that point where, stop it, stop 
it, stop it, stop it, stop it.
MAN'S VOICE:  Are you there yet?
          (Laughter.)
MAN'S VOICE:  Sunset, did you yet?
WOMAN'S VOICE:  (Inaudible.)
ALL:  Ooh!
MAN'S VOICE:  Mm-hmm, now you know who's upset, Sunset.
MAN'S VOICE:  You guys are great.  That's 
so -- you know, you got her started, and listen, listen.  
Quiet, just quiet for a second.
WOMAN'S VOICE:  (Moaning.)
MAN'S VOICE:  What's that?
MAN'S VOICE:  Don't stop, just go ahead.
MAN'S VOICE:  Yes, she's doing it.  T-Bone, she's doing it.
WOMAN'S VOICE:  Oh, T-Bone.  Oh.
MAN'S VOICE:  Is this guy married?
WOMAN'S VOICE:  Mmm, mmm, I want T-Bone here right now.
MAN'S VOICE:  She reached in the drawer and grabbed the 
heavy equipment, with the three C-cell batteries.
MAN'S VOICE:  You know, T-Bone's really enjoying the sex.  
And if you want to go ahead and finish, you go right ahead.  
We got time.
WOMAN'S VOICE:  Okay.  (Moaning, panting.)  I want someone 
to talk nasty to me.
MAN'S VOICE:  T-Bone, she wants you to talk nasty to her.
WOMAN'S VOICE:  Tell me how bad you want it, baby.
MAN'S VOICE:  How bad do I want it?  Oh, I don't know where 
to begin.  So what are you wearing right now?  What have you 
got on?
WOMAN'S VOICE:  Nothing.
MAN'S VOICE:  Nothing?
WOMAN'S VOICE:  Mm-hmm.
MAN'S VOICE:  Okay, okay.  Focus, focus, focus, focus.
MAN'S VOICE:  Oh, geez, you scared the hell out of me just 
then.
MAN'S VOICE:  Focus, focus.  All right, talk nasty to you?  
Do you want me to pull on your hair just a little bit?
WOMAN'S VOICE:  Oh, yeah, yank on my hair.
MAN'S VOICE:  Okay, I'm pulling your hair.  I got my hand on 
the back of your head.
WOMAN'S VOICE:  Oh, spank my butt, too.
MAN'S VOICE:  Spank your butt?  Like this?
WOMAN'S VOICE:  Yes.
MAN'S VOICE:  Do you want it harder?
WOMAN'S VOICE:  Yeah.
MAN'S VOICE:  Harder?
WOMAN'S VOICE:  Harder.
MAN'S VOICE:  Yeah!
WOMAN'S VOICE:  Oh, yeah.
MAN'S VOICE:  I'm gonna leave big, old welts on your butt.  
Yeah, you're gonna have my imprint all over your butt, and 
you're gonna know T-Bone was there.
WOMAN'S VOICE:  Oh, yeah.
MAN'S VOICE:  Huh?  Huh?
WOMAN'S VOICE:  Oh, yeah.
MAN'S VOICE:  Give it up, babe.  Give it up.
WOMAN'S VOICE:  (Moaning.)  Ooh, yeah.
MAN'S VOICE:  Oh, yeah.  Oh, geez.  Do you like it when I 
pinch on you?  I'm giving you some pinches on the thigh.
MAN'S VOICE:  Hey, stop!  What?
MAN'S VOICE:  She told me to talk dirty to her.















                        Attachment B



                 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       Small Business is $40M or less 
(Block C)                     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 Service     1,500 Employees or Fewer
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 Services  employees or less
                             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 Licensees     1,500 Employees or Fewer
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 Services  $18 Million in Annual Receipts 
                                         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)





                        STATEMENT OF 
               COMMISSIONER MICHAEL J. COPPS,
                         CONCURRING

Re:  Entercom Kansas City License, LLC, Licensee of Station 
     KQRC(FM), Leavenworth, KS, and Entercom Wichita 
     License, LLC, Licensee of Station KFH(AM), Wichita, KS, 
     Notice of Apparent Liability for Forfeiture 

     I concur in the decision to find these broadcasts 
indecent in violation of the statute.  I disagree with the 
majority's conclusion that we are precluded from issuing a 
fine for each indecent utterance within a broadcast because 
we had not provided adequate notice.  In this case, I 
believe the Commission could have found multiple violations 
and assessed a larger fine.  


          


                    SEPARATE STATEMENT OF 
                       KEVIN J. MARTIN
            APPROVING IN PART, CONCURRING IN PART

Re:  Entercom Kansas City License, LLC, Licensee of Station 
KQRC(FM), Leavenworth, KS, and Entercom Wichita License, 
LLC, Licensee of Station KFH(AM), Wichita, KS, Notice of 
Apparent Liability for Forfeiture (September 22, 2004)

     Consistent with my past statements, I believe we should 
be fining broadcasters on a ``per utterance'' basis.63  In 
this instance, we could have found several violations within 
the broadcasts at issue and therefore could have assessed a 
larger fine.

       



_________________________

1 47 U.S.C.  503(b); 47 C.F.R.  1.80.

2 Both licensees are owned and controlled by Entercom 
Communications Corp.

3 Letter from Maureen F. Del Duca, Chief, Investigations and 
Hearings Division, Enforcement Bureau, FCC to Entercom 
Kansas City License, LLC, licensee of Station KQRC-FM, 
Leavenworth, Kansas dated December 23, 2003.

4 Letter to William Knowles-Kellett, Esq., Investigations 
and Hearings Division, Enforcement Bureau, from Brian M. 
Madden, Esq., dated February 11, 2004 (``Response''), at 2.  

5 Id. at 8.

6 Id.  at 9.

7 Id. at 11.

8 Id. at 7, n.3.

9 Id. at 12-13. 

10 See 47 U.S.C.  326.

11 18 U.S.C.  1464. 

12  Public Telecommunications Act of 1992, Pub. L. No. 102-
356, 106 Stat. 949 (1992); Action for Children's Television 
v. FCC, 58 F.3d 654 (D.C. Cir 1995), cert. denied, 516 U.S. 
1043 (1996) (``Act III'').

13 U.S. CONST., amend. I; Action for Children's Television 
v. FCC, 852 F.2d 1332, 1344 (D.C. Cir. 1988) (``ACT I'').

14 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.''  FCC  v. Pacifica Foundation, 438 U.S. 726 
(1978).  See also ACT I, 852 F.2d at 1339; Action for 
Children's Television v. FCC, 932 F.2d 1504, 1508 (D.C. Cir. 
1991), cert. denied, 503 U.S. 914 (1992) (``ACT II''); ACT 
III, 58 F.3d 654.

15 ACT I, 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 the people may say and hear.''); 
ACT I, 852 F.2d at 1340, n.14 (``the potential chilling 
effect of the FCC's general definition of indecency will be 
tempered by the Commission's restrained enforcement policy 

16 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)).  

17 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, 8002,  7-8 (2001) (emphasis 
in original).

18 See  9-13 infra.

19 Response at 10-11.

20 Indecency Policy Statement, 16 FCC Rcd at 8002,  9 
(emphasis in original).  

21 Id. at 8002-15,  8-23.  

22 Id. at 8003,  10.

23 Id. at 8009,  19 (citing Tempe Radio, Inc (KUPD-FM), 12 
FCC Rcd 21828 (MMB 1997) (forfeiture paid)) (extremely 
graphic or explicit nature of references to sex with 
children outweighed the fleeting nature of the references); 
EZ New Orleans, Inc. (WEZB(FM)), 12 FCC Rcd 4147 (MMB 1997) 
(forfeiture paid) (same)). 

24 Id. at 8010,  20 (``the manner and purpose of a 
presentation may well preclude an indecency determination 
even though other factors, such as explicitness, might weigh 
in favor of an indecency finding'').

25 Segment 1, infra, at 11. 

26 Id.

27 Id.

28 Id. at 13.

29 Id. at 14-15.

30 See, e.g., Infinity Broadcasting Operations, Inc. 
(WNEW(FM)), Notice of Apparent Liability for Forfeiture, 17 
FCC Rcd 10665 (EB 2002) (``Teen Guess What's in My Pants'' 
segment, which involved on-air hosts listening to a caller 
rubbing a phone receiver over her pubic area while guessing 
her ``hairstyle,'' found to be patently offensive).

31 Indecency Policy Statement, 16 FCC Rcd at 8002-04,  9-
12 (2001).  

32 Segment 2, infra, at 16.

33 Id. at 17.

34 Id.

35 Id.

36 Infinity Broadcasting Operations (WKRK-FM), Notice of 
Apparent Liability for Forfeiture, 19 FCC Rcd 5032 (2004); 
State University of New York (WUSC-FM), 8 FCC Rcd 456 
(1993), forfeiture reduced, 13 FCC Rcd 23810 (1998) 
(forfeiture paid).

37 Segment 3, infra, at 19.

38 Id. at 18.

39 Id. at 19.

40 Id. at 20.

41 Id.

42 Id. 

43 Id. 

44 Id.

45 Segment 4, infra, at 22.

46 Response at 11.

47 Id.

48 Id. at 23.

49 See Indecency Policy Statement at 8002,  8 and n. 15.

50 See WPBN/WTOM License Subsidiary, Inc. (WPBN-TV/WTOM-TV), 
Memorandum Opinion and Order,  15 FCC Rcd 1838, 1841 (2000).

51 See Act III, 58 F.3d at 660-663.

52 521 U.S. 844 (1997).  

53  122 S. Ct. 1389 (2002).  

54   See, e.g., FCC v. Pacifica, 438 U.S. 726; ACT III, 58 
F.3d 654; ACT I, 852 F.2d 1332.

55  See Infinity Broadcasting Operations, Inc., Forfeiture 
Order, 18 FCC Rcd 26360, 26362  5 and n. 8 (2003).

56 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).

57 Forfeiture Policy Statement, 12 FCC Rcd at 17110.

58 On September 27, 2002, the Commission released a 
Forfeiture Order in the amount of $12,000 against Entercom 
Seattle License, LLC, licensee of Station KNDD(FM), Seattle, 
Washington, for broadcasting indecent material, in willful 
and repeated violation of 18 U.S.C.  1464 and 47 C.F.R.  
73.3999.  See Entercom Seattle License, LLC, Forfeiture 
Order, 17 FCC Rcd 18347 (EB 2002), review denied, Memorandum 
Opinion and Order, 19 FCC Rcd 9069 (2004) (petition for 
reconsideration pending).  Entercom and Entercom Seattle 
License, LLC, are both wholly owned subsidiaries of Entercom 
Communications Corp.

59 Forfeiture Policy Statement, 12 FCC Rcd at 17110; 47 
C.F.R.  1.80.  The Commission amended its rules to increase 
the maximum penalties to account for inflation since the 
last adjustment of the penalty rates.  The revised amounts 
apply to violations that occur or continue after November 
13, 2000.  See Amendment of Section 1.80(b) of the 
Commission's Rules and Adjustment of Forfeiture Maxima to 
Reflect Inflation, Order, 15 FCC Rcd 18221 (2000).

60 See Entercom Sacramento License, LLC (KRXQ-FM), Notice of 
Apparent Liability for Forfeiture, 19 FCC Rcd 20129 (2004) 
(response pending); Infinity Broadcasting Operations, 
Inc.(WKRK-FM), Forfeiture Order, 18 FCC Rcd 6915, 6919,  13 
(2003); AMFM Radio Licenses LLC (WWDC-FM), Notice of 
Apparent Liability for Forfeiture, 18 FCC Rcd 19917, 16 
(2003) (forfeiture paid). 

61 47 C.F.R.  1.80.

62 See 47 C.F.R.  1.1914.
63See, e.g., Separate Statement of Commissioner Martin, 
Infinity Broadcasting Operations, Inc., Licensee of Station 
WKRK-FM, Detroit, Michigan, Notice of Apparent Liability, 18 
FCC Rcd. 6915, 6939 (2003) (urging the Commission to fine 
violators ``per utterance'').