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

In the Matter of                     )
                                     )
Liability of                         )
Southern Nevada Radio, Inc., D.I.P.  )
                                     )
Licensee of Radio Station            )
KKLZ(FM), Las Vegas, Nevada          )
                                     )
For a Forfeiture                     )
                                     
                      MEMORANDUM OPINION AND ORDER


   Adopted:  February 5, 1998                                          Released:  February 9, 1998

By the Chief, Mass Media Bureau:

      1. The Commission, by the Chief of the Mass Media Bureau, acting pursuant to authority
delegated by  0.283 of the Commission's Rules, has under consideration an $8,000 Notice of Apparent
Liability (NAL) adopted August 19, 1994, against Southern Nevada Radio, Inc. ( SNR ), former licensee
of Station KKLZ(FM), Las Vegas, NV.  Southern Nevada Radio, Inc., 9 FCC Rcd 4454 (1994).

   2.  The NAL was issued for apparent violation of 18 U.S.C.  1464, prohibiting the broadcast
of indecent material.  Pursuant to Sections 312(a)(6) and 503(b)(1)(D) of the Communications Act of
1934, as amended, the Commission has statutory authority to take appropriate administrative action when
licensees broadcast material in violation of 18 U.S.C.  1464.  The Commission has defined indecency
as language or material that, in context, depicts or describes, in terms patently offensive as measured by
contemporary community standards for the broadcast medium, sexual or excretory activities or organs. 
See Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987).  The United States
Court of Appeals for the District of Columbia Circuit has upheld the Commission's authority to restrict
the broadcast of indecent material when there is a reasonable risk that children may be in the audience. 
Action for Children's Television v. FCC, No. 93-1092 (D.C. Cir. June 30, 1995); Action for Children's
Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988).


   3.  The complaint underlying the NAL alleged that on March 2 and March 16, 1994, between
6 a.m. and 10 a.m., KKLZ(FM) aired indecent material on the "Johnson and Tofte Morning Show." 
After reviewing all of the information before it, the Mass Media Bureau determined that the two
broadcasts transcribed in Attachment 1 apparently violated 18 U.S.C.  1464, and on August 22, 1994,
mailed a notice of apparent liability regarding that material.

   4.  The NAL was sent to SNR by certified mail.  According to the return receipt, it was received
on August 25, 1994.  Pursuant to Section 1.80(f)(3) of the Commission's Rules, SNR was afforded thirty
(30) days from the date of the NAL "to show, in writing, why a forfeiture penalty should not be imposed
or be reduced, or to pay the forfeiture."  SNR did not respond or pay the forfeiture penalty.  Under
Section 1.80(f)(4), failure to respond to the NAL or pay the proposed penalty in full empowers the
Commission, upon consideration of all relevant material available to it, to issue an order requiring that
the forfeiture be paid in full and stating the date by which the forfeiture must be paid.

   5.  Considering all of the information available to us, we find that the broadcasts transcribed in
Attachment 1 fit squarely within our definition of indecency discussed above.  Each of the passages
describes sexual or excretory activities and organs -- specifically, anal intercourse and references to
excretory and sexual functions -- in patently offensive terms.  The March 2nd passage contains an
explicit, unambiguous reference to anal sex and sexual sound effects which, in context, are pandering in
nature.  Taken together, these characteristics give the metaphoric language of the song an inescapable
sexual meaning.  The March 16th "Men Are Pigs" segment contains multiple explicit references to
excretory and sexual functions.  Because the material aired at times when there is a reasonable risk that
children may have been in the audience, it is legally actionable.

   6.  Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended,
it is ordered that Southern Nevada Radio, Inc., of Las Vegas, Nevada, former licensee of Radio Station
KKLZ(FM), forfeit to the United States the sum of eight thousand dollars ($8,000) for its violation of
Section 1464 of Title 18 of the United States Code.  Payment of the forfeiture may be made by mailing
to the Commission a check or similar instrument payable to the Federal Communications Commission. 
In regard to this forfeiture proceeding, SNR may take any of the actions set forth in  1.80 of the
Commission's Rules, as summarized in the attachment to this Memorandum Opinion and Order.

   FEDERAL COMMUNICATIONS COMMISSION




   Roy J. Stewart
   Chief, Mass Media Bureau

Attachments   Attachment 1

KKLZ(FM), Las Vegas, Nevada
Excerpts from Johnson and Tofte Morning Show (6-10 a.m.)

MV:     Male Voice
MV2:    Second Male Voice
FV:Female Voice   
FC:Female Caller


   March 2, 1994


MV:     Hey, Mister, tell us about anal sex. 

MV2:    (Toy train whistle).  Oh look,  there's the chocolate train going round and round the candy track. 
        Soon it will stop and a special passenger will get off.

FV:     Oh, God.

(Lilting tune begins, sung by female voice, as if for small children)

   The chocolate train rides on the candy track.  
   The lollipop wheels go clickity, clickity, clack.
   The peppermint whistle goes toot-toot
   on the chocolate train.

   The little train is on its way
   to climb up ice cream mountain.
   It takes on water for its trip
   from a great big soda fountain.

   The chocolate train* rides on the candy track.
   The lollipop wheels go clickity, clickity clack.
   Take a trip to candy land
   on the chocolate train.

* Background female climactic moans and groans begin here, ending song with panting and moaning
"Yes, Oh God, yes, oh yes, yes, yes, yes, oh."   March 16, 1994


MV:     Well, the name "Interior Decorator" brings a lot of things to mind, but this is a real Interior
        Decorator.  You know, men are pigs.  The best of Johnson and Tofte on KKLZ.  
M2:It's only a morning show.
MV:     Yes they are, huh?  
M2:Oh boy.
MV:You haven't heard a "men are pigs" story 'til you've heard this one, right?
M2:Johnson and Tofte, go ahead.
FC:     Hi, I'm calling about the "men are pigs" story.  
MV:     Right, what's your name?
FC:     Linda.
MV:     Hi, Linda.
FC:     Hi.
MV:     Are you single or married?
FC:     Uh, single.
MV:     Alright.  Let's hear your "men are pigs" story.
FC:     Okay.  I was married for 18 years, and I call my "ex" Sybil.
MV:     Oh, well.
FC:     I had to have him evicted from the house because he wouldn't leave, and I was paying on the
        house when I wasn't living there.  So, before he left, he decided that I should remember his
        being evicted from the house.  I didn't know that a man had that much bodily fluids in him.  So,
        he decided to spit on all the windows.
M2:     Oh, my God.
FC:     And he urinated all over the drapes and the sofa.
MV:     Oh.
FC:     And he apparently must have been watching something exciting because he ejaculated all over
        the furniture.  
M2:     (Sound of vomiting).
FC:     I was  (Unintelligible)  before this furniture stayed nice and clean.
MV:     Oh, my God!
M2:     So you squirted him with breast from breast milk.
FC:     No milk coming from these breasts.  Not with him.
MV:     Well, it would have been an idea.
FC:     And then at the sign of coup de gras with dust ruffle, he decided to do a bowel.
M2:     Ah, do we even want to hear this?
MV:     Not on the ruffle thing!
FC:     On the dust ruffle, and used it as toilet paper.
MV:     Ah, come on.
FC:     I'm not kidding, I was so upset I brought the couch cushion in a plastic bag into the court room
        for the judge to see.  (Laughter).
MV:     And you divorced this man?  I just.  (Laughter in the background).
FC:     He was a plumber.
MV:     He sure was, and it sounds like he let one of his pipes leak.  
FV:He sure did.
MV:Alright hang on, you're goin' to this show.  (Laughter).
FC:     Thank you.
MV:     So, this actually happened and you brought it to court?
FC:     Oh yeah.  The judge didn't want to see the couch cushion with all the white stains.
MV:     Was the judge laughing about it at all.
FC:     No, I don't think he was too happy.
M2:     Gee.  What happened to your "ex" then?
FC:     Well, he decided, and so he took my car from me and he offered me a plumbing van. 
        (Laughter).  Rather than my car, he had four plumbing vans.  But needless to say, it took three
        years to get divorced from this psychotic.
MV:     Did you guys have kids together?
FC:     No, thank God.
M2:     Ah man, he needs diapers made out of dust ruffles.  (Laughter).



diamond/kklzmoo.sf drafted by Steve Feldman
to MMB 8/14/95; see also kklzcov.sf
8/16/95 corrections  per Anthony Mastando; other bluebook suggestions not yet made