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

In the Matter of                  )
Citicasters Co.                   )     Control No. 98060074
                                 )     NAL/Acct. No. 918ed0009
Licensee of Station WXTB(FM)      )
Clearwater, FL                    )
Facility ID # 11274               )

                           FORFEITURE ORDER

Adopted:  June 27, 2000                 Released:   June 28, 2000

By the Chief, Enforcement Bureau:

     1.   In  this  Forfeiture   Order,  we   issue  a   monetary 
forfeiture in  the  amount  of seven  thousand  dollars  ($7,000) 
against Citicasters  Co. (``Citicasters''),  licensee of  Station 
WXTB(FM), Clearwater, FL,  for willful violation  of 18 U.S.C.   
1464, which prohibits the broadcast of indecent material.
     2.   On January  8, 1999,  the Mass  Media Bureau  issued  a 
Notice of Apparent Liability for Forfeiture to Citicasters in the 
amount of seven thousand dollars  ($7,000), for the broadcast  of 
indecent material during the  ``Bubba, the Love Sponge''  program 
on May 28, 1998, at 8:00 a.m.  Citicasters Co. (WXTB(FM)), 14 FCC 
Rcd 127 (MMB 1999) (``NAL'').  By letter dated February 8,  1999, 
Citicasters, by its counsel,  responded to the NAL.   Citicasters 
admitted the broadcast  of the material  cited in the  NAL at  or 
about the time noted and  in substantially the form presented  in 
the transcript attached to the NAL.  Citicasters, however,  asked 
for leave to supplement its letter response within 30 days  after 
the Commission  issues its  ``industry guidance  relating to  its 
case law interpreting 18 U.S.C.  1464 and the FCC's  enforcement 
policy with respect to broadcast indecency'' as it has  committed 
to  do.1   Specifically,  Citicasters  claims  that  issuance  of 
indecency guidelines is ``necessary'' for it to make a ``reasoned 
determination of whether any aspects  of the material cited''  in 
the NAL are in violation of  18 U.S.C.  1464.  Citicasters  also 
asserts that the guidelines are ``necessary to help it evaluate'' 
why a forfeiture should not be imposed or should be reduced.

     3.   Citicasters made identical arguments in response to  an 
October 16,  1998, Notice  of Apparent  Liability the  Commission 
issued for  another broadcast  of  indecent material  on  Station 
WXTB(FM).  Citicasters Co. (WXTB(FM)),  13 FCC Rcd 22004  (1998).  
The  Commission  fully   considered  and  rejected   Citicasters' 
arguments in a Forfeiture Order  released June 27, 2000 (FCC  00-
230).  Similarly, we reject Citicasters' claim that it is  unable 
to respond  substantively  to the  NAL  until after  issuance  of 
indecency guidelines and we  see no reason  to await issuance  of 
the guidelines before imposing the forfeiture order in this case.  
In the absence of any substantive response to our NAL, we  impose 
a forfeiture for the full amount originally proposed.

     4.   Accordingly, IT IS  ORDERED THAT,  pursuant to  Section 
503(b) of  the  Communications  Act  of  1934,  as  amended  (the 
``Act''),2 and  Sections  0.111,  0.311  and  1.80(f)(4)  of  the 
Commission's rules,3  Citicasters Co.  IS LIABLE  FOR A  MONETARY 
FORFEITURE in the amount of  seven thousand dollars ($7,000)  for 
willfully violating 18 U.S.C.  1464.

     5.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Commission's rules4 within 30 
days of the release of this Forfeiture Order.  If the  forfeiture 
is not paid within the period specified, the case may be referred 
to the Department of Justice  for collection pursuant to  Section 
504(a) of the Act.5  Payment may be made  by credit card  through 
the Commission's Credit and Debt Management Center at (202)  418-
1995 or by mailing a check or similar instrument, payable to  the 
order of the  Federal Communications Commission,  to the  Federal 
Communications Commission,  P.O.  Box  73482,  Chicago,  Illinois 
60673-7482.  The payment should note the NAL/Acct. No. referenced 
above.  Requests  for  full  payment under  an  installment  plan 
should be sent to: Chief, Credit and Debt Management Center,  445 
12th Street, S.W., Washington, D.C. 20554.6

     6.   IT IS FURTHER  ORDERED that a  copy of this  Forfeiture 
Order shall be sent by Certified Mail Return Receipt Requested to 
Citicasters Co.'s counsel, Marissa G. Repp, Hogan & Hartson,  555 
Thirteenth Street, N.W., Washington, D.C.  20004-1109.

                         David H. Solomon
                         Chief, Enforcement Bureau 


1 Citicasters' letter response at 2.  See paragraph 2(b) of the 
February 22, 1994, Agreement for Settlement and Dismissal with 
Prejudice between the United States of America, by and through 
the Department of Justice and Federal Communications Commission, 
and Evergreen Media Corporation of Chicago, AM, Licensee of Radio 
Station WLUP(AM).  United States v. Evergreen Media Corp., Civ. 
No. 92 C 5600 (N.D. Ill., E. Div. 1994).

2 47 U.S.C.  503(b).

3 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

4 47 C.F.R.  1.80.

5 47 U.S.C.  504(a).

6 See 47 C.F.R.  1.1914.