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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554

     In the Matter of                                                        
                                                )   File Nos. EB-03-IH-0122  
     Complaints Against Various Television          and                      
     Licensees Concerning Their February 25,    )                            
     2003 Broadcast of the Program "NYPD            EB-03-IH-0353            
     Blue"                                      )                            


   Adopted: January 25, 2008 Released: January 25, 2008

   By the Commission: Commissioner Tate issuing a separate statement.


    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 ABC Television Network ("ABC") affiliated stations and
       ABC owned-and-operated stations listed in the Attachment to this NAL
       aired material that apparently violates the federal restrictions
       regarding the broadcast of indecent material. Specifically, during the
       February 25, 2003 episode of the ABC program "NYPD Blue," aired at
       9:00 p.m. Central Standard Time and Mountain Standard Time, these
       licensees each broadcast adult female nudity. Based upon our review of
       the facts and circumstances of this case, we conclude that each
       licensee listed in the Attachment is apparently liable for a monetary
       forfeiture in the amount of $27,500 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 material; (2)
       whether the material dwells on or repeats at length depictions or
       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 indecency.

    6. 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) 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.

    7. 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) of the Act, 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
       that occurred in February 2003 is $27,500.


    8. The Programming.  The Commission received numerous complaints alleging
       that certain affiliates of ABC and ABC owned-and-operated stations, as
       listed in the Attachment, broadcast indecent material during the
       February 25, 2003 episode of the ABC program "NYPD Blue" at 9:00 p.m.
       in the Central and Mountain Standard Time Zones.

    9. The complaints refer to a scene at the beginning of the program,
       during which a woman and a boy, who appears to be about seven or eight
       years old, are involved in an incident that includes adult female
       nudity. As confirmed by a tape of the program provided by ABC, during
       the scene in question, a woman wearing a robe is shown entering a
       bathroom, closing the door, and then briefly looking at herself in a
       mirror hanging above a sink. The camera then shows her crossing the
       room, turning on the shower, and returning to the mirror. With her
       back to the camera, she removes her robe, thereby revealing the side
       of one of her breasts and a full view of her back. The camera shot
       includes a full view of her buttocks and her upper legs as she leans
       across the sink to hang up her robe. The camera then tracks her, in
       profile, as she walks from the mirror back toward the shower. Only a
       small portion of the side of one of her breasts is visible. Her pubic
       area is not visible, but her buttocks are visible from the side.

   10. The scene shifts to a shot of a young boy lying in bed, kicking back
       his bed covers, getting up, and then walking toward the bathroom. The
       camera cuts back to the woman, who is now shown standing naked in
       front of the shower, her back to the camera. The frame consists
       initially of a full shot of her naked from the back, from the top of
       her head to her waist; the camera then pans down to a shot of her
       buttocks, lingers for a moment, and then pans up her back. The camera
       then shifts back to a shot of the boy opening the bathroom door. As he
       opens the door, the woman, who is now standing in front of the mirror
       with her back to the door, gasps, quickly turns to face the boy, and
       freezes momentarily. The camera initially focuses on the woman's face
       but then cuts to a shot taken from behind and through her legs, which
       serve to frame the boy's face as he looks at her with a somewhat
       startled expression. The camera then jumps to a front view of the
       woman's upper torso; a full view of her breasts is obscured, however,
       by a silhouette of the boy's head and ears. After the boy backs out of
       the bathroom and shuts the door, the camera shows the woman facing the
       door, with one arm and hand covering her breasts and the other hand
       covering her pubic area. The scene ends with the boy's voice, heard
       through the closed door, saying "sorry," and the woman while looking
       embarrassed, responds, "It's okay. No problem." The complainants
       contend that such material is indecent and request that the Commission
       impose sanctions against the licensees responsible for broadcasting
       this material.

   11. Indecency Analysis. As an initial matter, we find that the programming
       at issue is within the scope of our indecency definition because it
       depicts sexual organs and excretory organs - specifically an adult
       woman's buttocks. Although ABC argues, without citing any authority,
       that the buttocks are not a sexual organ, we reject this argument,
       which runs counter to both case law and common sense.

   12. 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 contains explicit and graphic
       depictions of sexual organs. The scene depicts multiple, close-range
       views of an adult woman's naked buttocks. In this respect, this case
       is similar to other cases in which we have held depictions of nudity
       to be graphic and explicit.

   13. Turning to the second factor in our contextual analysis, although not
       dispositive, we find that the broadcast dwells on and repeats the
       sexual material. We have held that repetition and persistent focus on
       sexual or excretory material is a relevant factor in evaluating the
       potential offensiveness of broadcasts. Here, the scene in question
       revolves around the woman's nudity and includes several shots of her
       naked buttocks. The material is thus dwelled upon and repeated.

   14. With respect to the third factor, we find that the scene's depiction
       of adult female nudity, particularly the repeated shots of a woman's
       naked buttocks, is titillating and shocking. ABC concedes that the
       scene included back and side nudity, but contends that it was "not
       presented in a lewd, prurient, pandering, or titillating way." ABC
       asserts that the purpose of the scene was to "illustrate[] the
       complexity and awkwardness involved when a single parent brings a new
       romantic partner into his or her life," and that the nudity was not
       included to depict an attempted seduction or a sexual response from
       the young boy. Even accepting ABC's assertions as to the purpose of
       the scene, they do not alter our conclusion that the scene's depiction
       of adult female nudity is titillating and shocking. As discussed
       above, the scene includes multiple, close-up views of the woman's nude
       buttocks, with the camera at one point panning down her naked back for
       a lingering shot of her buttocks. The partial views of the woman's
       breasts, as well as the camera shots of the boy's shocked face from
       between her legs and of her upper torso from behind his head, are also
       relevant contextual factors that serve to heighten the titillating and
       shocking nature of the scene. Thus, we find that the scene in
       question, which included repeated and lingering images of a woman
       naked from the back, with close-up views of her naked buttocks,
       presented adult female nudity in a manner that shocks and titillates

   15. Finally, we reject ABC's argument that, because of the "modest number
       of complaints" the network received, and the program's generally high
       ratings, the contemporary community standards of the viewing community
       embrace, rather than reject, this particular material. As a matter of
       clarification, while ABC may not have received many complaints about
       the program, the Commission received numerous complaints, including
       thousands of letters from members of various citizen advocacy groups.
       The Commission's indecency determinations are not governed by the
       number of complaints received about a given program, however, nor do
       they turn on whether the program or the station that broadcast it
       happens to be popular in its particular market. Indeed, with respect
       to the latter factor, the fact that the program is watched by a
       significant number of viewers serves to increase the likelihood that
       children were among those who may have seen the indecent broadcasts,
       thereby increasing the public harm from the licensees' misconduct.

   16. In sum, although the broadcast of nudity is not necessarily indecent
       in all contexts, taking into account the three principal factors in
       our contextual analysis, we conclude that the broadcast of the
       material at issue here is apparently indecent. As reviewed above, the
       material in this episode was explicit, dwelled upon, and shocking,
       pandering and titillating. The complained-of material was broadcast by
       the licensees listed in the Attachment 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. Although ABC included in the
       program a warning that "this police drama contains adult language and
       partial nudity," the Supreme Court has ruled that such warnings are
       not necessarily effective because the audience is constantly changing
       stations. Therefore, notwithstanding the warning, there is a
       reasonable risk that children may have been in the audience and the
       broadcast is legally actionable.

   17. Forfeiture Calculation. We find that the ABC affiliates and ABC
       owned-and-operated stations listed in the Attachment consciously and
       deliberately broadcast the programming at issue here. 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, which is based on
       the factors enumerated in Section 503(b)(2)(D) of the Act and the
       facts and circumstances of this case. For the following reasons, we
       find that $27,500 is an appropriate proposed forfeiture for the
       material found to be apparently indecent in this case. The scene
       depicts a nude woman with her buttocks entirely exposed. The material
       was prerecorded, and ABC or its affiliates could have edited or
       declined the content prior to broadcast. Although ABC included a
       warning, we find that a lower forfeiture is not warranted here in
       light of all the circumstances surrounding the apparent violation,
       including the shocking and titillating nature of the scene. On balance
       and in light of all of the circumstances, we find that a $27,500
       forfeiture amount for each station would appropriately punish and
       deter the apparent violation in this case. Therefore, we find that
       each licensee listed in the Attachment is apparently liable for a
       proposed forfeiture of $27,500 for each station that broadcast the
       February 25, 2003, episode of "NYPD Blue" 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 "NYPD Blue," we
       propose forfeitures against only 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. This result is consistent with
       the approach set forth by the Commission in its most recent indecency
       orders. As indicated in those orders, our commitment to an
       appropriately restrained enforcement policy justifies this more
       limited approach toward the imposition of forfeiture penalties.
       Accordingly, we propose forfeitures as set forth in the Attachment.

   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 ABC Television Network and of the stations owned and
       operated by ABC, as enumerated in the Attachment, are hereby NOTIFIED
       of their APPARENT LIABILITY FOR FORFEITURE in the amount of $27,500
       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
       "NYPD Blue" on February 25, 2003.

   21. IT IS FURTHER ORDERED that a copies of this NAL shall be sent by
       Certified Mail, Return Receipt Requested, to John W. Zucker, Senior
       Vice President, Law & Regulation, ABC Inc., 77 West 66th Street, New
       York, New York 20024, and to Susan L. Fox, Vice President, Government
       Relations, The Walt Disney Company, 1150 17th Street, N.W., Suite 400,
       Washington, D.C. 20036, and to the licensees of the stations listed in
       the Attachment, at their respective addresses noted therein.

   22. IT IS FURTHER ORDERED, pursuant to Section 1.80 of the Commission's
       rules, that not later than February 11, 2008, each licensee identified
       in the Attachment 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 the Attachment. 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 Benigno E. Bartolome, Acting
       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 relevant NAL/Acct. No.
       referenced for each proposed forfeiture in the Attachment 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



                   Proposed Forfeitures For February 25, 2003

                           Broadcasts Of "NYPD Blue"

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

    Cedar Rapids                                                              
    Television                              KCRG-TV                           
    Company, 2nd                                                              
    Avenue at 5th   0002589489 200832080013 Cedar Rapids, 9719     $27,500    
    Street, NE,                             IA                                
    Cedar Rapids,                                                             
    IA 52401                                                                  

    Television                              KXXV(TV)                          
    Limited         0001675719 200832080014               9781     $27,500    
    Partnership, P.                         Waco, TX                          
    O. Box 2522,                                                              
    Waco, TX 76702                                                            

    Channel 12 of                                                             
    Beaumont, Inc.,                                                           
    525 Interstate  0006587307 200832080015               10150    $27,500    
    Highway, 10                             Beaumont, TX                      
    Beaumont, TX                                                              

    LLC, 44                                 KLKN(TV)                          
    Pondfield Road, 0003757481 200832080016               11264    $27,500    
    Suite 12,                               Lincoln, NE                       
    Bronxville, NY                                                            

    LLC, 201 Monroe                         KLTV(TV)                          
    Street, RSA     0015798341 200832080017               68540    $27,500    
    Tower 20th                              Tyler, TX                         
    Montgomery, AL                                                            

    Broadcasting                            KOTA-TV                           
    Enterprises,    0002433340 200832080018               17688    $27,500    
    518 St. Joseph                          Rapid City,                       
    Street,, Rapid                          SD                                
    City, SD 57701                                                            

    Company, 301                            WDAY-TV                           
    8th Street      0002480085 200832080019               22129    $27,500    
    South, P. O.                            Fargo, ND                         
    Box 2466,                                                                 
    Fargo, ND 58103                                                           

    Gray Television                                                           
    Licensee Corp.,                         KAKE-TV                           
    1500 North West 0002746022 200832080020               65522    $27,500    
    Street,                                 Wichita, KS                       
    Wichita, KS                                                               

    Gray Television                                                           
    Licensee, Inc.,                         KLBY(TV)                          
                    0002746022 200832080021               65523    $27,500    
    P. O. Box 10,                           Colby, KS                         
    Wichita, KS                                                               

    KSTP-TV, LLC,                                                             
    3415 University                         KSTP-TV                           
    Avenue, West,   0009769621 200832080022               28010    $27,500    
    St. Paul, MN                            St. Paul, MN                      

    Inc., 1103                              KATC(TV)                          
    Eraste Landry   0003822285 200832080023               33471    $27,500    
    Road,                                   Lafayette, LA                     
    Lafayette, LA                                                             

    KATV, LLC, P.                           KATV(TV)                          
    O. Box 77,      0001694462 200832080024               33543    $27,500    
    Little Rock, AR                         Little Rock,                      
    72203                                   AR                                

    KDNL Licensee,                                                            
    LLC, c/o                                                                  
    Pillsbury                               KDNL-TV                           
    Winthrop Shaw   0002144459 200832080025               56524    $27,500    
    Pittman, LLP,                           St. Louis, MO                     
    2300 N Street,                                                            
    NW, Washington,                                                           
    DC 20037-1128                                                             

    Inc., c/o                               KETV(TV)                          
    Brooks, Pierce, 0003799855 200832080026               53903    $27,500    
    et al, P. O.                            Omaha, NE                         
    Box 1800,                                                                 
    Raleigh, NC                                                               

    L.L.C., c/o                                                               
    Wooster                                 KFBB-TV                           
    Republican      0011094281 200832080027               34412    $27,500    
    Printing                                Great Falls,                      
    Company, 40 S                           MT                                
    Linden Ave,                                                               
    Alliance, OH                                                              

    Television,                             KHOG-TV                           
    Inc., c/o                                                                 
    Brooks, Pierce, 0001587088 200832080028 Fayetteville, 60354    $27,500    
    et al, P. O.                            AR                                
    Box 1800,                                                                 
    Raleigh, NC                                                               

    Television,                             KMBC-TV                           
    Inc., c/o                                                                 
    Brooks, Pierce, 0001675974 200832080029 Kansas City,  65686    $27,500    
    et al, P.O. Box                         MO                                
    1800, Raleigh,                                                            
    NC 27602                                                                  

    KSWO Television                                                           
    Company, Inc.,                          KSWO-TV                           
                    0001699248 200832080030               35645    $27,500    
    P. O. Box 708,                          Lawton, OK                        
    Lawton, OK                                                                

    KTBS, Inc., P.                          KTBS-TV                           
    O. Box 44227,   0003727419 200832080031               35652    $27,500    
    Shreveport, LA                          Shreveport,                       
    71104                                   LA                                

    Inc., 77 W.                             KTRK-TV                           
    66th Street,    0012480109 200832080032               35675    $27,500    
    Floor 16, New                           Houston, TX                       
    York, NY                                                                  

    KTUL, LLC, 3333                         KTUL(TV)                          
    S. 29th West    0001694413 200832080033               35685    $27,500    
    Avenue, Tulsa,                          Tulsa, OK                         
    OK 74107                                                                  

    Television,                             KVUE(TV)                          
    Inc., 400 South 0001545581 200832080034               35867    $27,500    
    Record Street,                          Austin, TX                        
    Dallas, TX                                                                

    Television                              WBRZ-TV                           
    Broadcasting,   0001714344 200832080035               38616    $27,500    
    LLC, P. O. Box                          Baton Rouge,                      
    2906, Baton                             LA                                
    Rouge, LA 70821                                                           

    Company, 123                            KMGH-TV                           
    Speer           0003476827 200832080036               40875    $27,500    
    Boulevard,                              Denver, CO                        
    Denver, CO                                                                

    Media General                                                             
    Communication                           WMBB(TV)                          
    Holdings, LLC,,                                                           
    333 E. Franklin 0015751217 200832080037 Panama City,  66398    $27,500    
    Street,                                 FL                                
    Richmond, VA                                                              

    Broadcasting,                           KODE-TV                           
    Inc., 544 Red   0004284899 200832080038               18283    $27,500    
    Rock Drive,                             Joplin, MO                        
    Wadsworth, OH                                                             

    Partners, c/o                                                             
    Anne Swanson,                                                             
    Dow Lohnes                              WABG-TV                           
    PLLC, 1200 New  0003828753 200832080039               43203    $27,500    
    Hampshire                               Greenwood, MS                     
    Avenue, NW,                                                               
    Suite 800,                                                                
    Washington DC                                                             

    Inc., 909 Lake                          WDHN(TV)                          
    Carolyn         0009961889 200832080040               43846    $27,500    
    Parkway, Suite                          Dothan, AL                        
    1450, Irving,                                                             
    TX 75039                                                                  

    New York Times                                                            
    Services Co.                                                              
    c/o New York                            WQAD-TV                           
    Times Co.       0003481587 200832080041               73319    $27,500    
                                            Moline, IL                        
    229 W. 43rd                                                               
    New York, NY                                                              

    Broadcasting,                           KQTV(TV)                          
    Inc., 909 Lake                                                            
    Carolyn         0009961889 200832080042 St. Joseph,   20427    $27,500    
    Parkway, Suite                          MO                                
    1450, Irving,                                                             
    TX 75039                                                                  

    Broadcast                               KTKA-TV                           
    Service, Inc.,  0001841766 200832080043               49397    $27,500    
    2121 S.W.                               Topeka, KS                        
    Chelsea Avenue,                                                           
    Topeka, KS                                                                

    NPG of Texas,                           KVIA-TV                           
    L.P., 4140 Rio  0006548028 200832080044               49832    $27,500    
    Bravo, El Paso,                         El Paso, TX                       
    TX 79902                                                                  

    Television, c/o                         KOCO-TV                           
    Brooks Pierce   0001587609 200832080045               12508    $27,500    
    et al, P. O.                            Oklahoma                          
    Box 1800,                               City, OK                          
    Raleigh, NC                                                               

    Television of                           WAAY-TV                           
    License, LLC,                           Huntsville,                       
    c/o Piedmont                            AL            57292               
    Television      0004063483 200832080046                        $55,000    
    Holdings LLC,                           KSPR(TV)      35630               
    7621 Little                                                               
    Avenue, Suite                           Springfield,                      
    506, Charlotte,                         MO                                
    NC 28226                                                                  

    Communications                          KLAX-TV                           
    Co., Inc., 5500 0006096200 200832080047               52907    $27,500    
    Poplar Lane,                            Alexandria,                       
    Memphis, TN                             LA                                

    Stations, San                                                             
    Antonio, Inc.,                                                            
    c/o                                     KSAT-TV                           
    Post-Newsweek   0002149953 200832080048               53118    $27,500    
    Stations, 550                           San Antonio,                      
    West Lafayette                          TX                                
    Detroit, MI                                                               

    Scripps Howard                                                            
    Broadcasting                            KNXV-TV                           
    Co., 312 Walnut 0012487609 200832080049               59440    $27,500    
    Street,                                 Phoenix, AZ                       
    Cincinnati, OH                                                            

    Broadcasting,                           WKDH(TV)                          
    Inc., P. O. Box 0005411632 200832080050               83310    $27,500    
    1645, Tupelo,                           Houston, MS                       
    MS 38802                                                                  

    Partners, c/o                                                             
    Russell                                 WBBJ-TV                           
    Schwartz, One   0003828696 200832080051               65204    $27,500    
    Television                              Jackson, TN                       
    Charlotte, NC                                                             

    Television New                                                            
    Orleans, Inc.,                          WGNO(TV)                          
    1 Galleria      0002847564 200832080052               72119    $27,500    
    Boulevard,                              New Orleans,                      
    Suite 850,                              LA                                
    Metairie, LA                                                              

    TV, Inc., (CA                           WAPT(TV)                          
    Corp.) ,        0005008867 200832080053               49712    $27,500    
                                            Jackson, MS                       
    P. O. Box 1800,                                                           
    Raleigh, NC                                                               

    WDIO-TV, LLC,                                                             
    3415 University                         WDIO-TV                           
    Avenue West,    0004199139 200832080054               71338    $27,500    
    St. Paul, MN                            Duluth, MN                        

    WEAR Licensee,                                                            
    LLC, Pillsbury,                                                           
    Winthrop, Shaw,                         WEAR-TV                           
    Pittman, LLP,   0004970935 200832080055               71363    $27,500    
    2300 N Street,                          Pensacola, FL                     
    NW, Washington,                                                           
    DC 20037-1128                                                             

    WFAA-TV, Inc.,                                                            
    400 South                               WFAA-TV                           
    Record Street,  0001651496 200832080056               72054    $27,500    
    Dallas, TX                              Dallas, TX                        

    TV, Inc. (CA                            WISN-TV                           
    Corp.),         0003792603 200832080057               65680    $27,500    
                                            Milwaukee, WI                     
    P. O. Box 1800,                                                           
    Raleigh, NC                                                               

    Inc.,                                   WKOW-TV                           
                    0004383683 200832080058               64545    $27,500    
    P. O. Box 909,                          Madison, WI                       
    Quincy, IL                                                                

    WKRN, G.P., c/o                                                           
    Brooks Pierce                           WKRN-TV                           
    et al, P. O.    0005015037 200832080059               73188    $27,500    
    Box 1800,                               Nashville, TN                     
    Raleigh, NC                                                               

    WLS Television,                                                           
    Inc., 77 W.                             WLS-TV                            
    66th Street,    0003471315 200832080060               73226    $27,500    
    Floor 16, New                           Chicago, IL                       
    York, NY                                                                  

    WSIL-TV, Inc.,                                                            
    5009 South                              WSIL-TV                           
    Hulen, Suite    0002808137 200832080061               73999    $27,500    
    101, Fort                               Harrisburg,                       
    Worth, TX                               IL                                

    Television,                             WXOW-TV                           
    Inc., P.O. Box  0005012216 200832080062               64549    $27,500    
    909, Quincy, IL                         La Crosse, WI                     

    Broadcasting of                                                           
    Green Bay,                                                                
    Inc., c/o                               WBAY-TV                           
    Brooks Pierce   0004994984 200832080063               74417    $27,500    
    et al, P. O.                            Green Bay, WI                     
    Box 1800,                                                                 
    Raleigh, NC                                                               

                                  STATEMENT OF


   Our action today should serve as a reminder to all broadcasters that
   Congress and American families continue to be concerned about protecting
   children from harmful material and that the FCC will enforce the laws of
   the land vigilantly. In fact, pursuant to the Broadcast Decency Act of
   2005, Congress increased the maximum authorized fines ten-fold. The law is
   simple. If a broadcaster makes the decision to show indecent programming,
   it must air between the hours of 10 p.m. and 6 a.m. This is neither
   difficult to understand nor burdensome to implement.

   The NAL/Acct. No. and FRN number for each licensee subject to this Notice
   are enumerated in the Attachment.

   See 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.

   See 18 U.S.C. S: 1464.

   See 47 C.F.R. S: 73.3999.

   See 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. FCC v. Pacifica Foundation, 438 U.S. 726 (1978)

   Industry Guidance on the Commission's Case Law Interpreting 18 U.S.C.
   S:1464 and Enforcement Policies Regarding Broadcast Indecency, Policy
   Statement, 16 FCC Rcd 7999, 8002 P:P: 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

   See id. at 8002-15 P:P: 8-23.

   Id. at 8003 P: 10.

   See 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

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

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

   See H.R. Rep. No. 97-765, 97th 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.

   The statutory maximum amount for violations occurring after November 13,
   2000, and before September 7, 2004, is $27,500. See 65 FR 60868-01 
   (2000); see also 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

   See  Complaints Regarding Various Television Broadcasts Between February
   2, 2002 and March 8, 2005, Notices of Apparent Liability and Memorandum
   Opinion and Order, 21 FCC Rcd 2664, 2681 P: 62, vacated in part on other
   grounds, 21 FCC Rcd 13299 (2006) (subsequent history omitted) ("2006
   Indecency Omnibus Order").

   See Response at 7.

   See, e.g., City of Erie v. Pap's A.M., 529 U.S. 277 (2000) (Supreme Court
   did not disturb a city's indecency ordinance prohibiting public nudity,
   where the buttocks was listed among other sexual organs/body parts subject
   to the ordinance's ban on nudity); Loce v. Time Warner Entertainment
   Advance/Newhouse Partnership, 191 F.3d 256, 269 (2d. Cir. 1999) (upholding
   state district court's determination that Time Warner's decision to not
   transmit certain cable programming that it reasonably believed indecent
   (some of which included "close-up shots of unclothed breasts and
   buttocks") did not run afoul of the Constitution).

   See, e.g.,  Complaints Against Various Television Licensees Concerning
   Their February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show,
   Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 19230, 19235 P: 13
   (2004) ("Super Bowl NAL") (finding that a broadcast of a performer's
   exposed breast was graphic and explicit), affirmed, Forfeiture Order, 21
   FCC Rcd 2760 (2006), affirmed, Order on Reconsideration, 21 FCC Rcd 6653
   (2006), appeal pending. See also Young Broadcasting of San Francisco,
   Inc., Notice of Apparent Liability for Forfeiture, 19 FCC Rcd 1751, 1755
   P: 11 (2004) ("Young Broadcasting NAL") (finding that a broadcast of a
   performer's exposed penis was graphic and explicit), NAL response pending.

   See Indecency Policy Statement, 16 FCC Rcd at 8008 P: 17 (citing cases);
   see also 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, 20195 P: 11
   (2004) ("Married By America NAL") (NAL response pending); Entercom Seattle
   License, LLC, Order on Review, 19 FCC Rcd 9069, 9073-74 P: 13 (2004),
   petition for recon. pending.

   See Response at 9.

   See id. at 3-4, 9-11.

   See id. at 9, n.7.

   See id. at 9.

   See The Rusk Corporation, Notice of Apparent Liability for Forfeiture,  8
   FCC Rcd 3228, 3229 (1993) (forfeiture paid).

   Compare WPBN/WTOM MO&O, 15 FCC Rcd at 1840-41 P:P: 8-13 (finding that
   nudity in the broadcast of the movie "Schindler's List" was not indecent
   because it was not patently offensive in context) with Young Broadcasting
   NAL, 19 FCC Rcd at 1756, P: 14 (finding that exposure of male genitalia
   was patently offensive because it was gratuitous and apparently intended
   to shock and titillate the audience).

   See 47 C.F.R. S: 73.3999.

   Response at 10-11.

   See Pacifica, 438 U.S. at 748-49.

   See  Action for Children's Television v. FCC, 58 F. 3d 654, 660-63 (D.C.
   Cir. 1995) (en banc), cert. denied, 516 U.S. 1072 (1996).

   See Married By America NAL, 19 FCC Rcd at 20196 P: 16.

   The fact that the stations in question may not have originated the
   programming 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  2006 Indecency Omnibus Order, 21 FCC Rcd at 2673 P: 32.

   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 the licensees specified
   in the Attachment.

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   Federal Communications Commission  FCC 08-25


   Federal Communications Commission  FCC 08-25