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FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau, Investigations and Hearings Division
445 12th Street, S.W., Room 3-B443
Washington, D.C. 20554

										In Reply Refer to:
										EB-00-IH-0277/RBP
										ID# 28172
Mr. W. T. Schmid


Dear Mr. Schmid:

This is in response to your complaint against radio station WXQR(FM), Jacksonville, North Carolina for 
allegedly airing obscene material on August 5, 2000, at 3:35 p.m.  In support of your complaint you 
submitted a general description of the comments you heard.

While we understand that you are offended by the programming described, it does not appear that we have 
any basis for action at this time.  First, it is important to note that any consideration of government action 
against allegedly indecent programming must take account of the fact that such speech is protected under 
the First Amendment.  Because of this fact, the FCC generally requires complainants to provide a full or 
partial tape or transcript or significant excerpts of the program; the date and time of broadcast; and the call 
sign of the particular station involved.  This information is necessary to provide sufficient context in terms 
of language or wording used to enable us to determine whether the material is obscene or meets the 
Commission's definition of indecency.  Because you did not provide sufficient context to enable us to 
determine that the material is obscene or whether the material meets the Commission's definition of 
indecency, we must dismiss your complaint at this time.

I recommend that you again try to voice your concerns to station management, as the views of station 
listeners will often influence a change in programming.  

Thank you for your interest in this matter.

							Sincerely,


							Charles W. Kelley
							Chief, Investigations and Hearings Division
							Enforcement Bureau


 
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