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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                        
     Complaints Against Various Television                                   
     Licensees Concerning Their December 31,     )   File No. EB-05-IH-0035  
     2004 Broadcast of the Program "Without A                                
     Trace"                                      )                           


   Adopted: February 21,  2006   Released: March 15, 2006

   By the Commission:  Chairman Martin,  Commissioners Copps and Tate issuing
   separate statements; Commissioner Adelstein concurring and issuing a


    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, we
       find that the CBS Television Network ("CBS") affiliated stations and
       CBS owned-and-operated stations listed in Attachment A aired material
       that apparently violates the federal restrictions regarding the
       broadcast of indecent material. Specifically, during the Our Sons and
       Daughters episode of the CBS program "Without a Trace" on December 31,
       2004, at 9:00 p.m. in the Central and Mountain Time Zones, these
       licensees each broadcast material graphically depicting teenage boys
       and girls participating in a sexual orgy. Based upon our review of the
       facts and circumstances of this case, we conclude that the licensees
       listed in Attachment A are apparently liable for a monetary forfeiture
       in the amount of $32,500 per station for broadcasting indecent
       material in apparent violation of 18 U.S.C. S 1464 and section 73.3999
       of the Commission's rules.


    2. Section 1464 of title 18, United States Code, prohibits the broadcast
       of obscene, indecent, or profane programming. The  FCC rules
       implementing that statute, a subsequent statute establishing a "safe
       harbor" during certain hours, and the Act prohibit radio and
       television stations from broadcasting obscene material at any time and
       indecent material between 6 a.m. and 10 p.m.

    3. Indecency Analysis.  Enforcement of the provisions restricting the
       broadcast of indecent, obscene, or profane material is an important
       component of the Commission's overall responsibility over broadcast
       radio and television operations. At the same time, however, the
       Commission must be mindful of the First Amendment to the United States
       Constitution and section 326 of the Act, which prohibit the Commission
       from censoring program material or interfering with broadcasters' free
       speech rights. As such, in making indecency determinations, the
       Commission proceeds cautiously and with appropriate restraint.

    4. The Commission defines indecent speech as material 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.

   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.

    5. In our assessment of whether broadcast material is patently offensive,
       "the full context in which the material appeared is critically
       important." 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 panders to, titillates, or shocks the audience. In examining
       these three factors, we must weigh and balance them on a case-by-case
       basis 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." In particular cases, one
       or two of the factors may outweigh the others, either rendering the
       broadcast material patently offensive and consequently indecent, or,
       alternatively, removing the broadcast material from the realm of

    6. In this NAL, we apply the two-pronged indecency analysis described
       above. Specifically, we first determine whether the complained-of
       material is within the scope of our indecency definition; i.e.,
       whether it describes or depicts sexual or excretory activities or
       organs. We then turn to the three principal factors of the second
       prong to determine whether, taken in context, the material is patently
       offensive as measured by contemporary community standards for the
       broadcast medium.

    7. Our contextual analysis takes into account the manner and purpose of
       broadcast material. For example, material that panders to, titillates,
       or shocks the audience is treated quite differently than material that
       is primarily used to educate or inform the audience. In particular, we
       recognize the need for caution with respect to complaints implicating
       the editorial judgment of broadcast licensees in presenting news and
       public affairs programming, as these matters are at the core of the
       First Amendment's free press guarantee.

    8. Forfeiture Calculations.  This NAL is issued pursuant to section
       503(b)(1) of the Act. Under that provision, any person who is
       determined by the Commission to have willfully or repeatedly failed to
       comply with any provision of the Act or any rule, regulation, or order
       issued by the Commission or to have violated section 1464 of title 18,
       United States Code, shall be liable to the United States for a
       forfeiture penalty. Section 312(f)(1) of the Act defines willful as
       "the conscious and deliberate commission or omission of [any] act,
       irrespective of any intent to violate" the law. The legislative
       history to section 312(f)(1) of the Act clarifies that this definition
       of willful applies to both sections 312 and 503(b) of the Act, and the
       Commission has so interpreted the term in the section 503(b) context.
       We emphasize that every licensee is responsible for the decision to
       air particular programming and will be held accountable for violating
       federal restrictions on the willful or repeated broadcast of obscene,
       indecent, or profane material.

    9. The Commission's Forfeiture Policy Statement establishes a base
       forfeiture amount of $7,000 for the transmission of indecent or
       obscene materials. 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), 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." The statutory maximum forfeiture amount for violations
       occurring on or after September 7, 2004, is $32,500.


   10. The Programming.  The Commission received numerous complaints alleging
       that certain affiliates of CBS and CBS owned-and-operated stations
       (listed in Attachment A) broadcast indecent material during the Our
       Sons and Daughters episode of the CBS program "Without a Trace" on
       December 31, 2004, at 9:00 p.m. in the Central and Mountain Time

   11. The December 31, 2004 episode at issue concerns an FBI investigation
       into the disappearance and possible rape of a high school student.
       During an interrogation, a witness recalls a party held at the home of
       a teenager. As she recounts the details of the party, the program cuts
       to a "flashback" scene. The scene -- which forms the basis of the
       viewer complaints -- consists of a series of shots of a number of
       teenagers engaged in various sexual activities, including sex between
       couples and among members of a group. Although the scene contains no
       nudity, it does depict male and female teenagers in various stages of
       undress. The scene also includes at least three shots depicting
       intercourse, two between couples and one "group sex" shot. In the
       culminating shot of the scene, the witness exclaims to the others in
       the party that the victim is a "porn star." The action briefly returns
       to the present, as the witness pauses in her story, then the flashback
       resumes, as the victim is shown wearing bra and panties, straddled on
       top of one male character, while two other male characters kiss her
       breast near the bra strap. The lower portion of the panties is shaded,
       but she is shown moving up and down while the male teenager thrusts
       his hips into her crotch.

   12. Indecency Analysis. We find that the material meets the first prong of
       the indecency test. While no nudity is shown, it is clear, as detailed
       above, that the scene depicts numerous sexual activities.

   13. We also find that the material is, in the context presented here,
       patently offensive as measured by contemporary community standards for
       the broadcast medium. Turning to the first principal factor in our
       contextual analysis, the scene is explicit and graphic. The material
       contains numerous depictions of sexual conduct among teenagers that
       are portrayed in such a manner that a child watching the program could
       easily discern that the teenagers shown in the scene were engaging in
       sexual activities, including apparent intercourse. The background
       sounds, which include moaning, add to the graphic and explicit sexual
       nature of the depictions. The scene is not shot as clinical or
       educational material, and the movements, sounds, and comments
       contained in the scene are highly sexually charged.

   14. Next, although not dispositive, we find it relevant that the broadcast
       dwells on and repeatedly depicts the sexual material, the second
       principal factor in our analysis. The scene in question contains
       several depictions of apparent sexual intercourse.

   15. As for the third factor, we find that the complained-of material is
       pandering, titillating, and shocking to the audience. The explicit and
       lengthy nature of the depictions of sexual activity, including
       apparent intercourse, goes well beyond what the story line could
       reasonably be said to require. Moreover, the scene is all the more
       shocking because it depicts minors engaged in sexual activities.

   16. In sum, because the scene is explicit, dwells upon sexual material,
       and is shocking and titillating, we conclude that the broadcast of the
       material at issue here is patently offensive under contemporary
       community standards for the broadcast medium and thus apparently
       indecent. The complained-of material was broadcast within the 6 a.m.
       to 10 p.m. time frame relevant to an indecency determination under
       section 73.3999 of the Commission's rules. Therefore, there is a
       reasonable risk that children may have been in the viewing audience
       and the broadcast is legally actionable.

   17. Forfeiture Calculation. We find that the CBS affiliates and CBS
       owned-and-operated stations listed in Attachment A consciously and
       deliberately broadcast the episode in question. Accordingly, we find
       that each broadcast in apparent violation of 18 U.S.C. S 1464 and 47
       C.F.R. S 73.3999 was willful within the meaning of section 503(b)(1)
       of the Act, and subject to forfeiture.

   18. We therefore turn to the proposed forfeiture amount, based on the
       factors enumerated in section 503(b)(2)(D) of the Act and the facts
       and circumstances of this case. We find that the statutory maximum of
       $32,500 is an appropriate proposed forfeiture amount for each
       violation arising out of the December 31, 2004 broadcasts. The gravity
       of the apparent violation is heightened in this case because, as
       discussed above, the material graphically depicts teenage boys and
       girls participating in a sexual orgy. While there is no nudity, the
       scene is highly sexually charged and explicit. Moreover, the material
       is particularly egregious because it focuses on sex among children. In
       addition, the program is prerecorded, and CBS and its affiliates could
       have edited or declined the content prior to broadcast.  Therefore, we
       find that each of the licensees listed in Attachment A is apparently
       liable for a proposed forfeiture of $32,500 for broadcast of the
       December 31, 2004 episode of "Without A Trace." prior to 10 p.m.

   19. Although we are informed that other stations not mentioned in any
       complaint also broadcast the complained-of episode of "Without A
       Trace," we propose forfeitures only against those licensees whose
       broadcasts of the material between 6 a.m. and 10 p.m. were actually
       the subject of viewer complaints to the Commission. We recognize that
       this approach differs from that taken in previous Commission decisions
       involving the broadcast of apparently indecent programming. Our
       commitment to an appropriately restrained enforcement policy, however,
       justifies this more limited approach towards the imposition of
       forfeiture penalties. Accordingly, we propose forfeitures as set forth
       in Attachment A.

   IV. ordering clauses

   20. 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, that the licensees of the stations that are
       affiliates of the CBS Television Network and of the stations owned and
       operated by CBS listed in Attachment A are hereby NOTIFIED of their
       APPARENT LIABILITY FOR FORFEITURE in the amount of $32,500 per station
       for willfully violating 18 U.S.C. S 1464 and section 73.3999 of the
       Commission's rules by their broadcast of the program "Without a Trace"
       on December 31, 2004.

   21. IT IS FURTHER ORDERED that a copies of this NAL shall be sent by
       Certified Mail, Return Receipt Requested, to Anne Lucey, Senior Vice
       President, Regulatory Affairs, CBS, 1501 M Street, N.W., Suite 1100,
       Washington, D.C. 20005, and to the licensees of the stations listed in
       Attachment A, at their respective addresses noted therein.

   22. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's
       rules, that within thirty (30) days of the release of this NAL, each
       licensee identified in Attachment A SHALL PAY the full amount of its
       proposed forfeiture or SHALL FILE a written statement seeking
       reduction or cancellation of their proposed forfeiture.

   23. Payment of the forfeitures must be made by check or similar
       instrument, payable to the order of the Federal Communications
       Commission. Payments must include the relevant NAL/Acct. No. and FRN
       No. referenced in Attachment A. Payment by check or money order may be
       mailed to Federal Communications Commission, P.O. Box 358340,
       Pittsburgh, Pennsylvania 15251-8340. Payment by overnight mail may be
       sent to Mellon Bank/LB 358340, 500 Ross Street, Room 1540670,
       Pittsburgh, Pennsylvania 15251. Payment by wire transfer may be made
       to ABA Number 043000261, receiving bank Mellon Bank, and account
       number 911-6106.

   24. The responses, if any, must be mailed to William H. Davenport, Chief,
       Investigations and Hearings Division, Enforcement Bureau, Federal
       Communications Commission, 445 12^th Street, S.W., Room 4-C330,
       Washington D.C. 20554, and MUST INCLUDE the relevant NAL/Acct. No.
       referenced for each proposed forfeiture in Attachment A hereto.

   25. 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.

   26. Requests for payment of the full amount of this NAL under an
       installment plan should be sent to: Associate Managing Director --
       Financial Operations, 445 12th Street, S.W., Room 1-A625, Washington,
       D.C. 20554.

   27. Accordingly, IT IS ORDERED that the complaints in this NAL proceeding
       ARE GRANTED to the extent indicated herein, AND ARE OTHERWISE DENIED,
       and the complaint proceeding IS HEREBY TERMINATED.


   Marlene H. Dortch


                                  ATTACHMENT A

                   PROPOSED FORFEITURES FOR DECEMBER 31, 2004

                        BROADCASTS OF "WITHOUT A TRACE"

                                                    Station Call             Proposed   
 Licensee Name and Mailing FRN No.    NAL Acct. No. Signs and       Facility Forfeiture 
 Address                                            Communities of  ID Nos.  Amount     

 Alabama Broadcasting                                                                   
 Partners                                           WAKA (TV)                           
                           0003828738 200632080014                  701      $32,500    
 3020 Eastern Boulevard                             Selma, AL                           
 Montgomery, AL 36123                                                                   

 Alaska Broadcasting                                                                    
 Company, Inc.                                      KTVA (TV)                           
                           0006160915 200632080015                  49632    $32,500    
 1007 W. 32^nd Ave                                  Anchorage, AK                       
 Anchorage, AK 99503                                                                    

 Arkansas Television                                                                    
                                                    KTHV (TV)                           
 c/o Gannett Co., Inc.     0003756442 200632080016                  2787     $32,500    
                                                    Little Rock, AR                     
 7950 Jones Branco Dr.                                                                  
 Mclean, VA 22107                                                                       

 Barrington Broadcasting                                                                
 Quincy Corporation                                                                     
 2500 W. Higgins Road      0011063302 200632080017                  4690     $32,500    
                                                    Hannibal, MO                        
 Ste 880                                                                                
 Hoffman Estates, IL 60195                                                              

 Barrington Broadcasting                                                                
 Missouri Corp.                                     KRCG (TV)                           
 2500 W. Higgins Road      0012140109 200632080018  Jefferson City, 41110    $32,500    
 Suite 880                                          MO                                  
 Hoffman Estates, IL 60195                                                              

 Catamount Bcstg of Fargo                                                               
 LLC                                                KXJB-TV                             
                           0002474161 200632080019                  49134    $32,500    
 1350 21^st Ave. South                              Valley City, ND                     
 Fargo, ND 58103                                                                        

                                                    Alexandria, MN                      
 CBS Broadcasting, Inc.                             WBBM-TV         9632                
 2000 K Street, N.W. Suite                          Chicago, IL     9617                
 725                       0003482189 200632080020                           $130,000   
                                                    WCCO-TV         9629                
 Washington, DC 20006                                                                   
                                                    Minneapolis, MN 9635                
                                                    Green Bay, WI                       

 CBS Stations Group of                              KEYE-TV                             
 Texas, L.P.                                                                            
                                                    Austin, TX      33691               
 2000 K Street, N.W.       0001767078 200632080021                           $65,000    
                                                    KTVT (TV)       23422               
 Ste. 725                                                                               
                                                    Fort Worth, TX                      
 Washington, DC 20006                                                                   

 CBS Television Stations,                                                               
 2000 K Street, N.W.       0004425773 200632080022                  47903    $32,500    
                                                    Denver, CO                          
 Suite 725                                                                              
 Washington, DC 20006                                                                   

 Chelsey Broadcasting                                                                   
 Company of Casper, LLC                             KGWC-TV                             
                           0008721292 200632080023                  63177    $32,500    
 2923 East Lincolnway                               Casper, WY                          
 Cheyenne, WY 82001                                                                     

 ComCorp of Indiana                                                                     
 License Corp.                                      WEVV (TV)                           
                           0004328308 200632080024                  72041    $32,500    
 P.O. Drawer 53708                                  Evansville, IN                      
 Lafayette, LA 70505                                                                    

 Coronet Comm Co.                                                                       
 99 Pondfield Rd           0003757457 200632080025                  13950    $32,500    
                                                    Rock Island, IL                     
 Bronxville , NY 10708                                                                  

 Des Moines Hearst-Argyle                                                               
 Television, Inc.                                                                       
 c/o Brooks, Pierce, Et.                            KCCI (TV)                           
 Al.                       0002573277 200632080026                  33710    $32,500    
                                                    Des Moines, IA                      
 P.O. Box 1800                                                                          
 Raleigh, NC 27602                                                                      

 Eagle Creek Broadcasting                                                               
 of Laredo, LLC                                                                         
                                                    KVTV (TV)                           
 2111 University Park      0007262348 200632080027                  33078    $32,500    
 Drive, Ste. 650                                    Laredo, TX                          
 Okemos, MI 48864                                                                       

 Eagle Creek Broadcasting                                                               
 of Corpus Christi, LLC                             KZTV (TV)                           
 2111 University Park Dr   0007277445 200632080028  Corpus Christi, 33079    $32,500    
 Ste 650                                            TX                                  
 Okemos, MI 48864                                                                       

                                                    Roswell, NM                         
                                                    KGMB (TV)                           
                                                    Honolulu, HI    48556               
 Emmis Television License                           KMTV (TV)       36917               
                                                    Omaha, NE       35190               
 3500 W Olive Ave Ste.     0002884252 200632080029                           $195,000   
 1450                                               KREZ-TV         48589               
 Burbank, CA 915051                                 Durango, CO     48575               
                                                    KRQE (TV)       70655               
                                                    Albuquerque, NM                     
                                                    Terre Haute, IN                     

 Fisher Broadcasting Idaho                                                              
 TV, LLC                                            KBCI-TV,                            
                           0005848445 200632080030                  49760    $32,500    
 100 4th Ave N Ste 510                              Boise, ID                           
 Seattle, WA 98101                                                                      

 Fisher Broadcasting-SE                                                                 
 Idaho TV LLC                                       KIDK (TV)                           
                           0005848619 200632080090                  56028    $32,500    
 100 4th Ave N Ste 510                              Idaho Falls, ID                     
 Seattle, WA 9810                                                                       

 Freedom Bcstg of TX                                                                    
 Licensee LLC                                       KFDM-TV                             
                           0010053064 200632080031                  22589    $32,500    
 PO Box 7128                                        Beaumont, TX                        
 Beaumont, TX 77726                                                                     

 Glendive Bcstg Corp.                                                                   
 210 S Douglas St          0003749892 200632080032                  24287    $32,500    
                                                    Glendive, MT                        
 Glendive, MT 59330                                                                     

                                                    Bryan, TX                           
                                                    KGIN (TV)                           
                                                    Grand Island,                       
                                                    KKTV (TV)                           
                                                    Colorado        6669                
                                                    Springs, CO                         
                                                    KOLN (TV)                           
                                                    Lincoln, NE                         
 Gray Television Licensee,                                          7890                
 Inc.                                               KWTX-TV                             
 4141 East 29^th Street    0002746022 200632080033  Waco, TX                 $325,000   
 Bryan, TX 77801                                    KXII (TV)                           
                                                    Sherman, TX                         
                                                    Topeka, KS                          
                                                    WIFR (TV)                           
                                                    Freeport, IL                        
                                                    Wausau, WI                          
                                                    Knoxville, TN                       

 Griffin Entities, LLC,                             KWTV (TV)                           
 3993 Howard Hughes        0002147155 200632080034                  25382    $32,500    
 Parkway, Suite 250, Las                            Oklahoma City,                      
 Vegas, NV 89109                                    OK                                  

 Griffin Licensing, L.L.C.                                                              
                                                    KOTV (TV)                           
 3993 Howard Hughes Pkwy., 0004283339 200632080035                  35434    $32,500    
 Ste 250                                            Tulsa, OK                           
 Las Vegas, NV 89109                                                                    

 Hoak Media of Colorado                                                                 
 LLC                                                KREX-TV                             
 500 Crescent Court, Suite 0009455809 200632080036  Grand Junction, 70596    $32,500    
 220                                                CO                                  
 Dallas, TX 75240                                                                       

 Hoak Media of Wichita                                                                  
 Falls, L.P.                                        KAUZ-TV                             
                           0009510603 200632080037                  6864     $32,500    
 13355 Noel Road                                    Wichita Falls,                      
 Dallas, TX 75240                                                                       

 ICA Broadcasting I, LTD                                                                
 700 N Grant St            0003758976 200632080038                  6865     $32,500    
                                                    Odessa, TX                          
 Odessa, TX 79761                                                                       

 Indiana Broadcasting, LLC                                                              
                                                    Fort Wayne, ID  39270               
 4 Richmond Square         0007641590 200632080039                           $65,000    
                                                    WISH-TV         39269               
 Providence , RI 02906                                                                  

 KCTZ Communications, Inc.                                                              
                                                    KBZK (TV)                           
 1128 East Main            0001811827 200632080040                  33756    $32,500    
                                                    Bozeman, MT                         
 Bozeman, MT 59715                                                                      

 KDBC License, LLC                                                                      
 500 South Chinowth Rd     0010811776 200632080041                  33764    $32,500    
                                                    El Paso, TX                         
 Visalia, CA 93277                                                                      

 KENS-TV, Inc.                                                                          
 400 South Record St.      0008654188 200632080042                  26304    $32,500    
                                                    San Antonio, TX                     
 Dallas, TX 75202                                                                       

 Ketchikan TV, LLC                                                                      
 P.O. Box 348                                       KTNL (TV)                           
                           0005039896 200632080043                  60519    $32,500    
 2539 North Highway 67                              Sitka, AK                           
 Sedalia, CO 80135                                                                      

 KGAN Licensee, LLC                                                                     
 Shaw Pittman LLP.                                  KGAN (TV)                           
 Attn: K. Schmeltzer       0009405226 200632080044  Cedar Rapids,   25685    $32,500    
 2300 N Street, N.W.                                                                    
 Washington, DC 20037                                                                   

 KHOU-TV LP                                                                             
 1945 Allen Parkway        0004542346 200632080045                  34529    $32,500    
                                                    Houston, TX                         
 Houston, TX 77019                                                                      

 KLFY, LP                                                                               
 P.O. Box 1800             0005575733 200632080046                  35059    $32,500    
                                                    Lafayette, LA                       
 Raleigh, NC 27602                                                                      

 KMOV-TV, Inc.                                                                          
                                                    KMOV (TV)                           
 1 Memorial Drive          0001569110 200632080047                  70034    $32,500    
                                                    St. Louis, MO                       
 St. Louis, MO 63102                                                                    

 KPAX Communications, Inc.                                                              
 P.O. Box 4827             0001811827 200632080048                  35455    $32,500    
                                                    Missoula, MT                        
 Missoula, MT 59806                                                                     

 KRTV Communications, Inc.                                                              
                                                    KRTV (TV)                           
 Post Office Box 2989      0004523304 200632080049                  35567    $32,500    
                                                    Great Falls, MT                     
 Great Falls, MT 59403                                                                  

 KSLA License Subsidiary,                                                               
 RSA Tower 20th Fl         0003733045 200632080050                  70482    $32,500    
                                                    Shreveport, LA                      
 201 Monroe St                                                                          
 Montgomery, AL 36104                                                                   

 KTVQ Communications, Inc.                                                              
                                                    KTVQ (TV)                           
 3203 3^rd Ave North       0001628551 200632080051                  35694    $32,500    
                                                    Billings, MT                        
 Billings, MT 59101                                                                     

 KUTV Holdings, Inc.                                                                    
                                                    KUTV (TV)                           
 2000 K Street, N.W. Suite 0009072380 200632080052                  35823    $32,500    
 725                                                Salt Lake City,                     
 Washington, DC 20006                                                                   

 KXLF Communications, Inc.                                                              
 1003 Montana Street       0001563956 200632080053                  35959    $32,500    
                                                    Butte, MT                           
 Butte, MT 59701                                                                        

 Libco, Inc.                                                                            
 2215 B Renaissance Drive, 0001881523 200632080054                  34457    $32,500    
 Ste 5                                              Harlingen, TX                       
 Las Vegas, NV 89119                                                                    

 Malara Broadcast Group of                                                              
 Duluth Licensee, LLC                                                                   
                                                    KDLH (TV)                           
 5880 Midnight Pass Rd Apt 0002836237 200632080055                  4691     $32,500    
 701                                                Duluth, MN                          
 Siesta Key, FL 34242-2104                                                              

 MMT License, LLC                                                                       
                                                    KYTX (TV)                           
 900 Laskin Road           0009745027 200632080056                  55644    $32,500    
                                                    Nacogdoches, TX                     
 Virgina Beach, VA 23451                                                                

 Media General                                                                          
                                                    Hays, KS                            
 Broadcasting of South                                              66415               
 Carolina Holdings, Inc.                            KIMT (TV)                           
                           0002207520 200632080057                  66402    $97,500    
 333 East Franklin Street                           Mason City, IA                      
 Richmond, VA 23219                                 WKRG-TV                             
                                                    Mobile, AL                          

                                                    Chattanooga, TN                     
                                                    WHLT (TV)                           
                                                    Hattiesburg, MS                     
 Media General                                                      48668               
 Communications, Inc.                               WIAT (TV)                           
                           0002050185 200632080058                  5360     $162,500   
 333 East Franklin Street                           Birmingham, AL                      
 Richmond, VA 23219                                 WJHL-TV                             
                                                    Johnson City,                       
                                                    WJTV (TV)                           
                                                    Jackson, MS                         

                                                    KCTV (TV)                           
 Meredith Corp.                                                                         
                                                    Kansas City, MO 41230               
 1716 Locust St            0005810726 200632080059                           $66,000    
                                                    KPHO-TV         41223               
 Des Moines IA 50309-33203                                                              
                                                    Phoenix, AZ                         

 Mission Broadcasting,                                                                  
 Inc.                                               KOLR (TV)                           
                           0003725389 200632080060                  28496    $32,500    
 544 Red Rock Dr                                    Springfield, MO                     
 Wadsworth, OH 44281                                                                    

 Neuhoff Family                                                                         
                                                    KMVT (TV)                           
 11793 Lake House Court    0005011648 200632080061                  35200    $32,500    
                                                    Twin Falls, ID                      
 North Palm Beach,                                                                      
 FL 33408                                                                               

 News Channel 5 Network,                                                                
 LP                                                 WTVF (TV)                           
                           0002054880 200632080062                  36504    $32,500    
 474 James Robertson Pky.                           Nashville, TN                       
 Nashville, TN 37219                                                                    

 New York Times Management                                                              
 Services Corporate Center                          Fort Smith, AK                      
 1, International Plaza                                             66469               
 2202 N.W. Shore Blvd.,    0003481587 200632080063                  48693    $97,500    
 Suite 370                                          Huntsville, AL                      
 Tampa, FL 33607                                    WREG-TV                             
                                                    Memphis, TN                         

                                                    Lubbock, TX                         
                                                    KLST (TV)                           
 Nexstar Broadcasting,                              San Angelo, TX                      
 Inc.                                                               31114               
 909 Lake Carolyn Parkway  0009961889 200632080064                  59988    $187,500   
 Ste 1450                                           Abilene, TX                         
 Irving, TX 75039                                   WCIA (TV)                           
                                                    Champaign, IL                       
                                                    Peoria, IL                          

 Noe Corp. LLC                                                                          
                                                    KNOE (TV)                           
 1400 Oliver Road          0008295198 200632080065                  48975    $32,500    
                                                    Monroe, LA                          
 Monroe, LA 71211                                                                       

 Panhandle Telecasting                                                                  
 Company                                            KFDA-TV                             
                           0001662899 200632080066                  51466    $32,500    
 PO Box 10                                          Amarillo, TX                        
 Amarillo, TX 79105                                                                     

 Pappas Arizona License,                                                                
 LLC                                                KSWT (TV)                           
                           0004934683 200632080067                  33639    $32,500    
 500 South Chinowth Road                            Yuma, AZ                            
 Visalia, CA 93277                                                                      

 Primeland Television,                                                                  
 Inc.                                               WLFI-TV                             
                           0007641590 200632080068                  73204    $32,500    
 4 Richmond Sq Ste 200                              Lafayette, IN                       
 Providence, RI 02906                                                                   

 Queen B Television, LLC                                                                
 141 S. 6^th Street                                 WKBT (TV)                           
                           0003769973 200632080069                  74424    $32,500    
 P.O. Box 1867                                      La Crosse, WI                       
 Lacrosse, WI 54601                                                                     

 Raycom America License                             KFVS-TV                             
 Subsidiary, LLC                                                                        
                                                    Cape Giradeau,  592                 
 RSA Tower 20th FL 201     0001835289 200632080070  MO                       $65,000    
 Monroe St                                                          48663               
 Montgomery, AL 36104                                                                   
                                                    Tucson, AZ                          

                                                    Dickinson, ND                       
                                                    KXMB-TV         55684               
 Reiten Television, Inc.                                                                
                                                    Bismarck, ND    55686               
 1625 West Villard         0002476885 200632080071                           $130,000   
                                                    KXMC-TV         55685               
 Dickinson, ND 58701                                                                    
                                                    Minot, ND       55683               
                                                    Williston, ND                       

 Saga Broadcasting, LLC                                                                 
                                                    WXVT (TV)                           
 73 Kercheval Ave          0005237599 200632080072                  25236    $32,500    
                                                    Greenville, MS                      
 Grosse Pointe Farms, MI                                                                

 Saga Quad States                                                                       
 Communications, LLC                                                                    
 73 Kercheval Ave          0003574084 200632080073                  58552    $32,500    
                                                    Pittsburg, KS                       
 Grosse Pointe Farms, MI                                                                

 Sagamore Hill                                                                          
 Broadcasting of                                    KGWN-TV                             
 Colorado, LLC                                      Cheyenne, WY    63166               
                           0009676958 200632080074                           $65,000    
 Two Embarcadero Ctr.                               KSTF (TV)       63182               
 23rd Floor                                         Gering, NE                          
 San Francisco, CA 94111                                                                

 Television Wisconsin,                                                                  
 Inc.                                               WISC-TV                             
                           0002715563 200632080075                  65143    $32,500    
 P.O. Box 44965                                     Madison, WI                         
 Madison, WI 53744                                                                      

 United Communications                                                                  
 Corp.                                              KEYC-TV                             
                           0002210383 200632080076                  68853    $32,500    
 715 58^th Street                                   Mankato, MN                         
 Kenosha, WI 53140                                                                      

 WAFB License Subsidiary                                                                
                                                    WAFB (TV)                           
 RSA Tower 20th Fl         0003733060 200632080077                  589      $32,500    
                                                    Baton Rouge, LA                     
 201 Monroe St                                                                          
 Montgomery, AL 36104                                                                   

 Waitt Broadcasting, Inc.                                                               
                                                    KMEG (TV)                           
 1125 S 103rd St Ste 200   0004957650 200632080078                  39665    $32,500    
                                                    Sioux City, IA                      
 Omaha, NE 6812                                                                         

 WCBI-TV, LLC                                                                           
 27 Abercorn Street        0005413471 200632080079                  12477    $32,500    
                                                    Columbus, MS                        
 Savannah, GA 31412                                                                     

 WDJT-TV Limited                                                                        
 Partnership                                        WDJT-TV                             
                           0009562265 200632080080                  71427    $32,500    
 26 N Halsted St                                    Milwaukee, WI                       
 Chicago, IL 60661                                                                      

 WMDN, Inc.                                                                             
 P.O. Box 2424             0001744838 200632080081  WMDN (TV)       73255    $32,500    
 Meridian, MS 39302                                                                     

 WSBT, Inc.                                                                             
 300 W. Jefferson Blvd.    0008712937 200632080082                  73983    $32,500    
                                                    South Bend, IN                      
 South Bend, IN 46601                                                                   

 WWL-TV, Inc.                                                                           
 1024 North Rampart St.    0008654154 200632080083                  74192    $32,500    
                                                    New Orleans, LA                     
 New Orleans, LA 70116                                                                  

 Young Broadcasting of                                                                  
 Rapid City, Inc.                                   KCLO-TV                             
                           0003475449 200632080084                  41969    $32,500    
 P.O. Box 1800                                      Rapid City, SD                      
 Raleigh, NC 27602                                                                      

 Young Broadcasting of                              KELO-TV                             
 Sioux Falls, Inc.                                                                      
                                                    Sioux Falls, SD 41983               
 P.O. Box 1800             0003475464 200632080085                           $65,000    
                                                    KPLO-TV         41964               
 Raleigh, NC 27602                                                                      
                                                    Reliance, SD                        

                                  STATEMENT OF

                            CHAIRMAN KEVIN J. MARTIN

   Re: Complaints Against Various Television Licensees Concerning Their
   February 1, 2004 Broadcast of the Super Bowl XXXVIII Halftime Show;
   Complaints Regarding Various Television Broadcasts Between February 2,
   2002 and March 8, 2005; Complaints Against Various Television Licensees
   Concerning Their December 31, 2004 Broadcast of the Program "Without A

   Congress has long prohibited the broadcasting of indecent and profane
   material and the courts have upheld challenges to these standards. But the
   number of complaints received by the Commission has risen year after year.
   They have grown from hundreds, to hundreds of thousands. And the number of
   programs that trigger these complaints continues to increase as well. I
   share the concerns of the public - and of parents, in particular - that
   are voiced in these complaints.

   I believe the Commission has a legal responsibility to respond to them and
   resolve them in a consistent and effective manner. So I am pleased that
   with the decisions released today the Commission is resolving hundreds of
   thousands of complaints against various broadcast licensees related to
   their televising of 49 different programs. These decisions, taken both
   individually and as a whole, demonstrate the Commission's continued
   commitment to enforcing the law prohibiting the airing of obscene,
   indecent and profane material.

   Additionally, the Commission today affirms its initial finding that the
   broadcast of the Super Bowl XXXVIII Halftime Show was actionably indecent.
   We appropriately reject the argument that CBS continues to make that this
   material is not indecent. That argument runs counter to Commission
   precedent and common sense.

                                  STATEMENT OF

                         COMMISSIONER MICHAEL J. COPPS

   Re:      Complaints Regarding Various Television Broadcasts Between
   January 1, 2002 and March 12, 2005, Notices of Apparent Liability and
   Memorandum Opinion and Order

   Complaints Against Various Television Licensees Concerning Their December
   31, 2004 Broadcast of the Program "Without A Trace," Notice of Apparent

   Complaints Against Various Television Licensees Concerning Their February
   1, 2004 Broadcast Of The Super Bowl XXXVII Halftime Show, Forfeiture Order

   In the past, the Commission too often addressed indecency complaints with
   little discussion or analysis, relying instead on generalized
   pronouncements.  Such an approach served neither aggrieved citizens nor
   the broadcast industry.  Today, the Commission not only moves forward to
   address a number of pending complaints, but does so in a manner that
   better analyzes each broadcast and explains how the Commission determines
   whether a particular broadcast is indecent.  Although it may never be
   possible to provide 100 percent certain guidance because we must always
   take into account specific and often-differing contexts, the approach in
   today's orders can help to develop such guidance and to establish
   precedents.  This measured process, common in jurisprudence, may not
   satisfy those who clamor for immediate certainty in an uncertain world,
   but it may just be the best way to develop workable rules of the road.

   Today's Orders highlight two additional issues with which the Commission
   must come to terms.  First, it is time for the Commission to look at
   indecency in the broader context of its decisions on media consolidation.
   In 2003 the FCC sought to weaken its remaining media concentration
   safeguards without even considering whether there is a link between
   increasing media consolidation and increasing indecency.  Such links have
   been shown in studies and testified to by a variety of expert witnesses.
   The record clearly demonstrates that an overwhelming number of the
   Commission's indecency citations have gone to a few huge media
   conglomerates.  One recent study showed that the four largest radio
   station groups which controlled just under half the radio audience were
   responsible for a whopping 96 percent of the indecency fines levied by the
   FCC from 2000 to 2003.

   One of the reasons for the huge volume of complaints about excessive sex
   and graphic violence in the programming we are fed may be that people feel
   increasingly divorced from their "local" media.  They believe the media no
   longer respond to their local communities.  As media conglomerates grow
   ever larger and station control moves farther away from the local
   community, community standards seem to count for less when programming
   decisions are made.  Years ago we had independent programming created from
   a diversity of sources.  Networks would then decide which programming to
   distribute.  Then local affiliates would independently decide whether to
   air that programming.  This provided some real checks and balances.
   Nowadays so many of these decisions are made by vertically-integrated
   conglomerates headquartered far away from the communities they are
   supposed to be serving--entities that all too often control both the
   distribution and the production content of the programming.

   If heightened media consolidation is indeed a source for the violence and
   indecency that upset so many parents, shouldn't the Commission be cranking
   that into its decisions on further loosening of the ownership rules?  I
   hope the Commission, before voting again on loosening its media
   concentration protections, will finally take a serious look at this link
   and amass a credible body of evidence and not act again without the facts,
   as it did in 2003.

   Second, a number of these complaints concern graphic broadcast violence.
   The Commission states that it has taken comment on this issue in another
   docket.  It is time for us to step up to the plate and tackle the issue of
   violence in the media.  The U.S. Surgeon General, the American Academy of
   Pediatrics, the American Psychological Association, the American Medical
   Association, and countless other medical and scientific organizations that
   have studied this issue have reached the same conclusion: exposure to
   graphic and excessive media violence has harmful effects on the physical
   and mental health of our children.  We need to complete this proceeding.

                                  STATEMENT OF

                       Commissioner Jonathan S. Adelstein


   Re: Complaints Against Various Television Licensees Concerning Their
   December 31, 2004 Broadcast of the Program "Without A Trace," Notice of
   Apparent Liability for Forfeiture

   I have sworn an oath to uphold the Constitution and to carry out the laws
   adopted by Congress. Trying to find a balance between these obligations
   has been challenging in many of the indecency cases that I have decided. I
   believe it is our duty to regulate the broadcast of indecent material to
   the fullest extent permissible by the Constitution because safeguarding
   the well-being of our children is a compelling national interest. I
   therefore have supported efforts to step up our enforcement of indecency
   laws since I joined the Commission.

   The Commission's authority to regulate indecency over the public airwaves
   was narrowly upheld by the Supreme Court with the admonition that we
   should exercise that authority with the utmost restraint, lest we inhibit
   constitutional rights and transgress constitutional limitations on
   government regulation of protected speech. Given the Court's guidance in
   Pacifica, the Commission has repeatedly stated that we would judiciously
   walk a "tightrope" in exercising our regulatory authority. Hence, within
   this legal context, a rational and principled "restrained enforcement
   policy" is not a matter of mere regulatory convenience. It is a
   constitutional requirement.

   Accordingly, I concur with the instant decision, but concur in part and
   dissent in part with the companion Omnibus Order because, while in some
   ways the Omnibus decision does not go far enough, in other ways it goes
   too far. Significantly, it abruptly departs from our precedents by
   adopting a new, weaker enforcement mechanism that arbitrarily fails to
   assess fines against broadcasters who have aired indecent material.
   Additionally, while the Omnibus Order appropriately identifies violations
   of our indecency laws, not every instance determined to be indecent meets
   that standard.

   We have previously sought to identify all broadcasters who have aired
   indecent material and hold them accountable. In the Omnibus Order,
   however, the Commission inexplicably fines only the licensee whose
   broadcast of indecent material was the subject of a viewer's complaint,
   even though we know millions of other Americans were exposed to the
   offending broadcast. I cannot find anywhere in the law that Congress told
   us to apply indecency regulations only to those stations against which a
   complaint was specifically lodged. The law requires us to prohibit the
   broadcast of indecent material, period. This means that we must enforce
   the law anywhere we determine it has been violated. It is willful
   blindness to decide, with respect to network broadcasts we know aired
   nationwide, that we will only enforce the law against the local station
   that happens to be the target of viewer complaints. How can we impose a
   fine solely on certain local broadcasters, despite having repeatedly said
   that the Commission applies a national indecency standard - not a local

   The failure to enforce the rules against some stations but not others is
   not what the courts had in mind when they counseled restraint. In fact,
   the Supreme Court's decision in Pacifica was based on the uniquely
   pervasive characteristics of broadcast media. It is patently arbitrary to
   hold some stations but not others accountable for the same broadcast. We
   recognized this just two years ago in Married By America. The Commission
   simply inquired who aired the indecent broadcast and fined all of those
   stations that did so.

   In the Super Bowl XXXVIII Halftime Show decision, we held only those
   stations owned and operated by the CBS network responsible, under the
   theory that the affiliates did not expect the incident and it was
   primarily the network's fault. I dissented in part to that case because I
   believed we needed to apply the same sanction to every station that aired
   the offending material. I raise similar concerns today, in the context of
   the Omnibus Order.

   The Commission is constitutionally obligated to decide broadcast indecency
   and profanity cases based on the "contemporary community standard," which
   is "that of the average broadcast viewer or listener." The Commission has
   explained the "contemporary community standard," as follows:

   We rely on our collective experience and knowledge, developed through
   constant interaction with lawmakers, courts, broadcasters, public interest
   groups and ordinary citizens, to keep abreast of contemporary community
   standards for the broadcast medium.

   I am concerned that the Omnibus Order overreaches with its expansion of
   the scope of indecency and profanity law, without first doing what is
   necessary to determine the appropriate contemporary community standard.

   The Omnibus Order builds on one of the most difficult cases we have ever
   decided, Golden Globe Awards,  and stretches it beyond the limits of our
   precedents and constitutional authority. The precedent set in that case
   has been contested by numerous broadcasters, constitutional scholars and
   public interest groups who have asked us to revisit and clarify our
   reasoning and decision. Rather than reexamining that case, the majority
   uses the decision as a springboard to add new words to the pantheon of
   those deemed to be inherently sexual or excretory, and consequently
   indecent and profane, irrespective of their common meaning or of a
   fleeting and isolated use. By failing to address the many serious concerns
   raised in the reconsideration petitions filed in the Golden Globe Awards
   case, before prohibiting the use of additional words, the Commission falls
   short of meeting the constitutional standard and walking the tightrope of
   a restrained enforcement policy.

   This approach endangers the very authority we so delicately retain to
   enforce broadcast decency rules. If the Commission in its zeal oversteps
   and finds our authority circumscribed by the courts, we may forever lose
   the ability to protect children from the airing of indecent material,
   barring an unlikely constitutional amendment setting limitations on the
   First Amendment freedoms.

   The perilous course taken today is evident in the approach to the
   acclaimed Martin Scorsese documentary, "The Blues: Godfathers and Sons."
   It is clear from a common sense viewing of the program that coarse
   language is a part of the culture of the individuals being portrayed. To
   accurately reflect their viewpoint and emotions about blues music requires
   airing of certain material that, if prohibited, would undercut the ability
   of the filmmaker to convey the reality of the subject of the documentary.
   This contextual reasoning is consistent with our decisions in Saving
   Private Ryan and Schindler's List.

   The Commission has repeatedly reaffirmed, and the courts have consistently
   underscored, the importance of content and context. The majority's
   decision today dangerously departs from those precedents. It is certain to
   strike fear in the hearts of news and documentary makers, and broadcasters
   that air them, which could chill the future expression of constitutionally
   protected speech.

   We should be mindful of Justice Harlan's observation in Cohen v.
   California. Writing for the Court,  he observed:

   [W]ords are often chosen as much for their emotive as their cognitive
   force. We cannot sanction the view that the Constitution, while solicitous
   of the cognitive content of individual speech, has little or no regard for
   that emotive function which, practically speaking, may often be the more
   important element of the overall message sought to be communicated.

   Given all of these considerations, I find that the Omnibus Order, while
   reaching some appropriate conclusions both in identifying indecent
   material and in dismissing complaints, is in some ways dangerously off the
   mark. I cannot agree that it offers a coherent, principled long-term
   framework that is rooted in common sense. In fact, it may put at risk the
   very authority to protect children that it exercises so vigorously.

                                  STATEMENT OF


   Re: Re: Complaints Against Various Television Licensees Concerning Their
   February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show,
   Forfeiture Order; Complaints Against Various Television Licensees
   Concerning Their December 31, 2004 Broadcast of the Program "Without A
   Trace," Notice of Apparent Liability for Forfeiture; Complaints Regarding
   Various Television Broadcasts Between February 2, 2002 and March 8, 2005,
   Notices of Apparent Liability and Memorandum Opinion and Order

   Today marks my first opportunity as a member of the Federal Communications
   Commission to uphold our responsibility to enforce the federal statute
   prohibiting the airing of obscene, indecent or profane language. To be
   clear - I take this responsibility very seriously. Not only is this the
   law, but it also is the right thing to do.

   One of the bedrock principles of the Communications Act of 1934, as
   amended, is that the airwaves belong to the public. Much like public
   spaces and national landmarks, these are scarce and finite resources that
   must be preserved for the benefit of all Americans. If numbers are any
   indication, many Americans are not happy about the way that their airwaves
   are being utilized. The number of complaints filed with the FCC reached
   over one million in 2004. Indeed, since taking office in January 2006, I
   have received hundreds of personal e-mails from people all over this
   country who are unhappy with the content to which they - and, in
   particular, their families - are subjected.

   I have applauded those cable and DBS providers for the tools they have
   provided to help parents and other concerned citizens filter out
   objectionable content. Parental controls incorporated into cable and DBS
   set-top boxes, along with the V-Chip, make it possible to block
   programming based upon its content rating. However, these tools, even when
   used properly, are not a complete solution. One of the main reasons for
   that is because much of the content broadcast, including live sporting
   events and commercials, are not rated under the two systems currently in

   I also believe that consumers have an important role to play as well.
   Caregivers - parents, in particular - need to take an active role in
   monitoring the content to which children are exposed. Even the most
   diligent parent, however, cannot be expected to protect their children
   from indecent material broadcast during live sporting events or in
   commercials that appear during what is marketed to be "appropriate"

   Today, we are making significant strides toward addressing the backlog of
   indecency complaints before this agency. The rules are simple - you break
   them and we will enforce the law, just as we are doing today. Both the
   public and the broadcasters deserve prompt and timely resolution of
   complaints as they are filed, and I am glad to see us act to resolve these
   complaints. At the same time, however, I would like to raise a few
   concerns regarding the complaints we address in these decisions.

   First, I would like to discuss the complaint regarding the 6:30 p.m.
   Eastern Daylight Time airing of an episode of The Simpsons. The Order
   concludes that this segment is not indecent, in part because of the fact
   that The Simpsons is a cartoon. Generally speaking, cartoons appeal to
   children, though some may cater to both children and adults
   simultaneously. Nevertheless, the fact remains that children were
   extremely likely to have been in the viewing audience when this scene was
   broadcast. Indeed, the marketing is aimed at children. If the scene had
   involved real actors in living color, at 5:30 p.m. Central Standard Time,
   I wonder if our decision would have been different? One might argue that
   the cartoon medium may be a more insidious means of exposing young people
   to such content. By their very nature, cartoons do not accurately portray
   reality, and in this instance the use of animation may well serve to
   present that material in a more flattering light than it would if it were
   depicted through live video. I stop short of disagreeing with our decision
   in this case, but note that the animated nature of the broadcast, in my
   opinion, may be cause for taking an even closer look in the context of our
   indecency analysis.

   Second, our conclusion regarding the 9:00 p.m. Central Standard Time
   airing of an episode of Medium in which a woman is shot at point-blank
   range in the face by her husband gives me pause. While I agree with the
   result in this case, I question our conclusion that the sequence
   constitutes violence per se and therefore falls outside the scope of the
   Commission's definition of indecency. Without question, this scene is
   violent, graphically so. Moreover, it is presented in a way that appears
   clearly designed to maximize its shock value. And therein lies my concern.
   One of the primary ways that this scene shocks is that it leads the viewer
   to believe that the action is headed in one direction - through dialogue
   and actions which suggest that interaction of a sexual nature is about to
   occur - and then abruptly erupts in another - the brutally violent
   shooting of a wife by her husband, in the head, at point-blank range. Even
   though the Commission's authority under Section 1464 is limited to
   indecent, obscene, and profane content, and thus does not extend to
   violent matter, the use of violence as the "punch line" of titillating
   sexual innuendo should not insulate broadcast licensees from our
   authority. To the contrary, the use of sexual innuendo may, depending on
   the specific case, subject a licensee to potential forfeiture, regardless
   of the overall violent nature of the sequence in which such sexual
   innuendo is used.

                                     * * *

   Finally, I would like to express my hope and belief that the problem of
   indecent material is one that can be solved. Programmers, artists,
   writers, broadcasters, networks, advertisers, parents, public interest
   groups, and, yes, even Commissioners can protect two of our country's most
   valuable resources: the public airwaves and our children's minds. We must
   take a stand against programming that robs our children of their innocence
   and constitutes an unwarranted intrusion into our homes. By working
   together, we should promote the creation of programming that is not just
   entertaining, but also positive, educational, healthful, and, perhaps,
   even inspiring.

   The NAL/Acct. Nos. and FRN numbers for each licensee subject to this
   Notice of Apparent Liability For Forfeiture are contained in Attachment A

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

   See 18 U.S.C. S 1464, 47 C.F.R. S 73.3999.

   18 U.S.C. S 1464.

   U.S. Const., amend. I;  47 U.S.C. S 326. See also United States v. Playboy
   Entertainment Group, Inc., 529 U.S. 803, 813-15 (2000).

   See Action for Children's Television v. FCC, 852 F.2d 1332, 1344, 1340 n.
   14 (1988) ("ACT I") (stating that "[b]roadcast material that is indecent
   but not obscene is protected by the First Amendment; the FCC may regulate
   such material only with due respect for the high value our Constitution
   places on freedom and choice in what people may say and hear," and that
   any "potential chilling effect of the FCC's generic definition of
   indecency will be tempered by the Commission's restrained enforcement

   See Infinity Broadcasting Corporation of Pennsylvania, Memorandum Opinion
   and Order, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing
   Pacifica Foundation, Memorandum Opinion and Order, 56 FCC 2d 94, 98
   (1975), aff'd sub nom. Pacifica, 438 U.S. 726).

   Industry Guidance on the Commission's Case Law Interpreting 18 U.S.C.
   S1464 and Enforcement Policies Regarding Broadcast Indecency, Policy
   Statement, 16 FCC Rcd 7999, 8002 PP 7-8 (2001) ("Indecency Policy
   Statement") (emphasis in original). In applying the "community standards
   for the broadcast medium" criterion, the Commission has stated:

   The determination as to whether certain programming is patently offensive
   is not a local one and does not encompass any particular geographic area.
   Rather, the standard is that of an average broadcast viewer or listener
   and not the sensibilities of any individual complainant.

   WPBN/WTOM License Subsidiary, Inc., Memorandum Opinion and Order, 15 FCC
   Rcd 1838, 1841 P 10 (2000) ("WPBN/WTOM MO&O"). The Commission's
   interpretation of the term "contemporary community standards" flows from
   its analysis of the definition of that term set forth in the Supreme
   Court's decision in Hamling v. United States, 418 U.S. 87 (1974), reh'g
   denied, 419 U.S. 885 (1974). In Infinity Broadcasting Corporation of
   Pennsylvania (WYSP(FM)), Memorandum Opinion and Order, 3 FCC Rcd 930
   (1987) (subsequent history omitted), the Commission observed that in
   Hamling, which involved obscenity, "the Court explained that the purpose
   of `contemporary community standards' was to ensure that material is
   judged neither on the basis of a decisionmaker's personal opinion, nor by
   its effect on a particularly sensitive or insensitive person or group."
   Id. at 933 (citing  418 U.S. at 107). The Commission also relied on the
   fact that the Court in Hamling indicated that decisionmakers need not use
   any precise geographic area in evaluating material. Id. at 933 (citing 418
   U.S. at 104-05). Consistent with Hamling, the Commission concluded that
   its evaluation of allegedly indecent material is "not one based on a local
   standard, but one based on a broader standard for broadcasting generally."
   Id. at 933.

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

   Id. at 8002-15 PP 8-23.

   Id. at 8003 P 10.

   Id. at 8009 P 19 (citing Tempe Radio, Inc (KUPD-FM), Notice of Apparent
   Liability for Forfeiture, 12 FCC Rcd 21828 (Mass Media Bur. 1997)
   (forfeiture paid), and EZ New Orleans, Inc. (WEZB(FM)), Notice of Apparent
   Liability for Forfeiture, 12 FCC Rcd 4147 (Mass Media Bur. 1997)
   (forfeiture paid) (finding that the extremely graphic or explicit nature
   of references to sex with children outweighed the fleeting nature of the

   Indecency Policy Statement, 16 FCC Rcd  at 8010 P 20 (noting that "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").

   See Syracuse Peace Council, Memorandum Opinion and Order, 2 FCC Rcd 5043,
   5050-51 P 52 (1987) (subsequent history omitted) (eliminating the fairness
   doctrine, which placed an affirmative obligation on broadcasters to cover,
   and present contrasting viewpoints on, controversial issues of public

   47 U.S.C. S 503(b)(1)(B) & D. See also 47 C.F.R. 1.80(a)(1).

   47 U.S.C. S 312(f)(1).

   See H.R. Rep. No. 97-765, 97^th Cong. 2d Sess. 51 (1982).

   See Southern California Broadcasting Co., Memorandum Opinion and Order, 6
   FCC Rcd 4387, 4388 (1991).

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

   Forfeiture Policy Statement, 12 FCC Rcd at 17100-01 P 27.

   See Amendment of Section 1.80 of the Commission's Rules, Order, 19 FCC Rcd
   10945, 10946 P 6 (2004) (amending rules to increase maximum penalties due
   to inflation since last adjustment of penalty rates).

   See Complaints Against Various Licensees Regarding Their Broadcast of the
   Fox Television Network Program "Married By America" on April 7, 2003,
   Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 20191, 20194 P 10
   (2004) (finding that "although the nudity was pixilated, even a child
   would have known that the strippers were topless and that sexual activity
   was being shown").

   In any event, even if the depictions had been more essential to the
   program, the other two factors weigh heavily in favor of a finding of
   patent offensiveness as measured by contemporary community standards for
   the broadcast medium, so we would not alter our ultimate conclusion in
   this case.

   See 47 C.F.R. S 73.3999.

   See supra P 9.

   19 FCC Rcd at 21096 P 16.

   The fact that the stations in question may not have originated the
   programming in question is irrelevant to whether there is an indecency
   violation. See Review of the Commission's Regulations Governing
   Programming Practices of Broadcast Television Networks and Affiliates,
   Notice of Proposed Rulemaking, 10 FCC Rcd 11951,11961, P 20 (1995)
   (internal quotation omitted) ("We conclude that a licensee is not
   fulfilling his obligations to operate in the public interest, and is not
   operating in accordance with the express requirements of the
   Communications Act, if he agrees to accept programs on any basis other
   than his own reasonable decision that the programs are satisfactory.").

   See 47 C.F.R. S 1.1914.

   Consistent with section 503(b) of the Act and consistent Commission
   practice, for the purposes of the forfeiture proceeding initiated by this
   NAL, the only parties to such proceeding will be licensees specified in
   Attachment A hereto.

   U.S. Const., amend. I.

   Congress has specifically forbidden the broadcast of obscene, indecent or
   profane language. 18 U.S.C. S 1464. It has also forbidden censorship. 47
   U.S.C. S 326.

   See, e.g., N.Y. v. Ferber, 458 U.S. 747, 756-57 (1982).

   See FCC v. Pacifica Foundation, 438 U.S. 726, 750 (1978) (emphasizing the
   "narrowness" of the Court's holding); Action for Children's Television v.
   FCC, 852 F.2d 1332, 1344 (D.C. Cir. 1988) ("ACT I") ("Broadcast material
   that is indecent but not obscene is protected by the [F]irst

   See Brief for Petitioner, FCC, 1978 WL 206838 at *9.

   ACT I, supra note 4, at 1344 ("the FCC may regulate [indecent] material
   only with due respect for the high value our Constitution places on
   freedom and choice in what the people say and hear."); Id. at 1340 n.14
   ("[T]he potentially chilling effect of the FCC's generic definition of
   indecency will be tempered by the Commission's restrained enforcement

   Complaints Regarding Various Television Broadcasts Between February 2,
   2002 and March 8, 2005, Notices of Apparent Liability and Memorandum
   Opinion and Order (decided March 15, 2006) (hereinafter "Omnibus Order").

   See, e.g., In re Sagittarius Broadcasting Corporation, Memorandum Opinion
   and Order, 7 FCC Rcd 6873, 6876 (1992) (subsequent history omitted).

   See Pacifica Found., 438 U.S. at 748-49 (recognizing the "uniquely
   pervasive presence" of broadcast media "in the lives of all Americans").
   In today's Order, paragraph 10, the Commission relies upon the same

   See Complaints Against Various Licensees Regarding Their Broadcast of the
   Fox Television Network Program "Married by America" on April 7, 2003,
   Notice of Apparent Liability for Forfeiture,19 FCC Rcd 20191, 20196 (2004)
   (proposing a $7,000 forfeiture against each Fox Station and Fox Affiliate
   station); reconsideration pending. See also Clear Channel Broadcast
   Licenses, Inc., 19 FCC Rcd 6773, 6779 (2004) (proposing a $495,000 fine
   based on a "per utterance" calculation, and directing an investigation
   into stations owned by other licensees that broadcast the indecent
   program). In the instant Omnibus Order, however, the Commission
   inexplicably fines only the licensee whose broadcast of indecent material
   was actually the subject of a viewer's complaint to the Commission. Id. at
   P  71.

   See Complaints Against Various Television Licensees Concerning Their
   February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show,
   Notice of Apparent Liability, 19 FCC Rcd 19230 (2004).

   In re Infinity Radio License, Inc., Memorandum Opinion and Order, 19 FCC
   Rcd 5022, 5026 (2004).

   In re Complaints Against Broadcast Licensees Regarding Their Airing of the
   "Golden Globe Awards" Program, Memorandum Opinion and Order, 19 FCC Rcd
   4975 (2004); petitions for stay and reconsideration pending.

   In the Matter of Complaints Against Various Television Licensees Regarding
   Their Broadcast on November 11, 2004, of the ABC Television Network's
   Presentation of the Film, "Saving Private Ryan,"  Memorandum Opinion and
   Order, 20 FCC Rcd 4507, 4513 (2005) ("Deleting all [indecent] language or
   inserting milder language or bleeping sounds into the film would have
   altered the nature of the artistic work and diminished the power, realism
   and immediacy of the film experience for viewers."). See also Peter
   Branton, Letter by Direction of the Commission, 6 FCC Rcd 610 (1991)
   (concluding that repeated use of the f-word in a recorded news interview
   program not indecent in context).

   In the Matter of WPBN/WTOM License Subsidiary, Inc., 15 FCC Rcd 1838

   403 U.S. 15 (1971).

   Id. at 26 ("We cannot indulge the facile assumption that one can forbid
   particular words without also running a substantial risk of suppressing
   ideas in the process.").

   See 18 U.S.C. S 1464.

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