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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
CLEAR CHANNEL BROADCASTING ) File No. EB-03-IH-0159
LICENSES, INC. ) NAL/Acct. No. 200423080023
) FRN No. 0001587971
Licensee of Stations )
WBGG-FM, Fort Lauderdale, ) Facility Id. No. 11965
Florida ) Facility Id. No. 53457
WTKS-FM, Cocoa Beach, Florida ) Facility Id. No. 53593
WTFX-FM, Louisville, Kentucky )
) FRN No. 0004953659
CITICASTERS LICENSES, L.P. )
)
Licensee of Stations ) Facility Id. No. 13504
KIOZ(FM), San Diego, California ) Facility Id. No. 24958
WNVE(FM), Honeoye Falls, New )
York ) FRN No. 0003474905
)
CAPSTAR TX LIMITED PARTNERSHIP )
) Facility Id. No. 60153
Licensee of Station
WXDX-FM, Pittsburgh,
Pennsylvania
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: April 7, 2004 Released: April 8, 2004
By the Commission: Commissioners Copps and Adelstein issuing
separate statements.
I. INTRODUCTION
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,1 we find that the captioned
licensees, all of which are subsidiaries of Clear Channel
Communications, Inc. (``Clear Channel''), apparently violated 18
U.S.C. § 1464 and 47 C.F.R. § 73.3999, by willfully and
repeatedly airing program material during two segments of the
``Howard Stern Show'' on April 9, 2003, that apparently violate
the federal restrictions regarding the broadcast of indecent
material.2 Based upon the totality of the evidence before us and
Clear Channel's history of repeated broadcasts of indecent
material over stations licensed to its subsidiaries, we conclude
that these Clear Channel subsidiaries are apparently liable for
forfeitures totaling Four Hundred Ninety-Five Thousand Dollars
($495,000.00). Clear Channel Broadcasting Licenses, Inc.
(``CCBL'') is apparently liable for a monetary forfeiture in the
amount of Two Hundred Forty-Seven Thousand Five Hundred Dollars
($247,500.00) for nine (9) apparent indecency violations on its
captioned stations. Citicasters Licenses, L.P. (``Citicasters'')
is apparently liable for a monetary for forfeiture in the amount
of One Hundred Sixty-five Thousand Dollars ($165,000.00) for six
(6) apparent indecency violations on its captioned stations.
Capstar TX Limited Partnership (``Capstar'') is apparently liable
for a monetary forfeiture in the amount of Eighty-Two Thousand
Five Hundred Dollars ($82,500.00) for three (3) indecency
violations on its captioned station.
II. BACKGROUND
2. The Enforcement Bureau received a complaint alleging
that Station WBGG-FM aired indecent material during the ``Howard
Stern Show,'' on April 9, 2003, between approximately 7:25 and
7:45 a.m. The complainant submitted a transcript of this
broadcast.3 The material at issue includes dialogue between cast
members regarding the sexual practices of certain program cast
members and a discussion with a guest regarding ``Sphincterine,''
a purported personal hygiene product designed for use prior to
sexual activity. 4
3. The Enforcement Bureau sent Clear Channel Broadcasting
Licenses, Inc., the licensee of the station, a letter of inquiry,
and attached the transcript submitted by the complainant.5 In its
response, Clear Channel, as the ultimate parent of the licensee,
acknowledges that on April 9, 2003, between 6:00 and 11:00 a.m.,
WBGG-FM broadcast the ``Howard Stern Show,'' which it receives
via a satellite feed. 6 Clear Channel further states that
because the station does not receive transcriptions of the show
or make recordings of the show, it cannot ``confirm with
certainty'' that the material provided in the complainant's
transcription was included in the station's broadcast of the
``Howard Stern Show'' on the date and at the time indicated in
the complaint.7 Clear Channel submitted the Declaration of WBGG-
FM's producer, however, who stated that he recalled the material
at issue and that his records do not indicate that he deleted or
``flushed'' any of the material aired during the station's April
9 broadcast of the Howard Stern Show.8
4. Clear Channel also states that, in addition to WBGG-FM,
five other stations licensed to its subsidiaries air the ``Howard
Stern Show,'' and presumably aired the complained-of program.9
Clear Channel further states that none of these five stations
make permanent recordings of the ``Howard Stern Show,'' and
therefore cannot confirm the date and time of their broadcasts.10
Clear Channel admits however, that there is no specific reason to
question that each of these five stations broadcast the April 9,
2003, ``Howard Stern Show'' on that day and in its entirety.11
III. DISCUSSION
5. The Federal Communications Commission is authorized to
license radio and television broadcast stations and is
responsible for enforcing the Commission's rules and applicable
statutory provisions concerning the operation of those stations.
The Commission's role in overseeing program content is very
limited. The First Amendment to the United States Constitution
and section 326 of the Act prohibit the Commission from censoring
program material and from interfering with broadcasters' freedom
of expression.12 The Commission does, however, have the
authority to enforce statutory and regulatory provisions
restricting indecency and obscenity. Specifically, it is a
violation of federal law to broadcast obscene or indecent
programming. Title 18 of the United States Code, section 1464
prohibits the utterance of ``any obscene, indecent or profane
language by means of radio communication.''13 In addition,
section 73.3999 of the Commission's rules provides that radio and
television stations shall not broadcast obscene material at any
time, and shall not broadcast indecent material during the period
6 a.m. through 10 p.m.
6. Under section 503(b)(1) of the Act, 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 shall be liable to
the United States for a forfeiture penalty.14 In order to impose
such a forfeiture penalty, the Commission must issue a notice of
apparent liability, the notice must be received, and the person
against whom the notice has been issued must have an opportunity
to show, in writing, why no such forfeiture penalty should be
imposed.15 The Commission will then issue a forfeiture if it
finds by a preponderance of the evidence that the person has
violated the Act or a Commission rule.16 As we set forth in
greater detail below, we conclude under this standard that Clear
Channel is apparently liable for a forfeiture for its apparent
willful violation of 18 U.S.C. § 1464 and section 73.3999 of the
Commission's rules.
A. Indecency Analysis
7. Any consideration of government action against
allegedly indecent programming must take into account the fact
that such speech is protected under the First Amendment.17 The
federal courts consistently have upheld Congress's authority to
regulate the broadcast of indecent material, as well the
Commission's interpretation and implementation of the governing
statute.18 Nevertheless, the First Amendment is a critical
constitutional limitation that demands that, in indecency
determinations, we proceed cautiously and with appropriate
restraint.19
8. The Commission defines indecent speech as language
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.20
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 definition¾that 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.21
9. As an initial matter, the material at issue described
sexual and excretory activities and organs, and Clear Channel
does not dispute this.22 The material, therefore, warrants
further scrutiny to determine whether or not it was patently
offensive as measured by contemporary community standards for the
broadcast medium.23
10. In our assessment of whether broadcast material is
patently offensive, ``the full context in which the material
appeared is critically important.''24 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
appears to pander or is used to titillate or shock.25 In
examining these three factors, we must weigh and balance them 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.''26 In particular cases,
one or two of the factors may outweigh the others, either
rendering the broadcast material patently offensive and
consequently indecent,27 or, alternatively, removing the
broadcast material from the realm of indecency.28 We now turn to
an analysis of these factors as they relate to each segment to
determine whether the material that was broadcast, in context,
was patently offensive as measured by contemporary community
standards.
11. First, we find that the segment in which the show's
host discusses the sexual practices of certain cast members to be
patently offensive. Specifically, the host, in discussing the
sex life of John, a fellow cast member, and John's wife, notes
that they ``have anal every other time they do it'' and that
John's wife ``loves anal.''29 The host further discusses John's
wife's embarrassment that intimate details of their sex life are
a topic of public discussion.30 This segment also includes the
host's comments regarding his personal revulsion at the thought
of a naked, sweaty, obese man engaging in cunnilingus.31
Finally, during this entire segment, the host's discussion of
anal sex and his commentary on oral sex are punctuated by the
sound of someone passing gas or evacuating. Given the explicit
description of oral sex and the sustained discussion of a cast
member's anal-sex practices, all of which were accompanied by
sound effects of flatulence and evacuation, it is clear that the
material was designed to shock and pander. This segment is
similar to material found to contain patently offensive
descriptions of sexual activities.32 Accordingly, we find the
material in this segment of the April 9, 2003, broadcast to be
patently offensive as measured by contemporary community
standards for the broadcast medium, and thus indecent.
12. Based on our finding that this segment appears to be
actionably indecent, we disagree with Clear Channel's contention
that this material is not patently offensive because it was less
explicit than other material found to be not actionably indecent
in various unpublished staff decisions.33 Some of the material
at issue in these unpublished decisions was less explicit than
the material at issue here.34 To the extent that the staff, in
other unpublished decisions,35 may have erred by determining that
the material in those cases was not indecent, those unpublished
decisions are not binding on the Commission.36 That is
particularly the case here, where published decisions, including
those cited in the Commission's Indecency Policy Statement,
provide guidance indicating that material such as that contained
in this case is indecent. In the instant case, we find that the
complained-of material in this segment included references to
sexual activity through both direct references and/or innuendo
that we deem patently offensive as measured by contemporary
community standards for the broadcast medium.37 This material is
similar to other material found to contain sufficiently explicit
and graphic references to sexual activity, and thus satisfies the
first factor of our contextual analysis.38 Moreover, the
references to sexual activity are repeated throughout the
segment, and the entire segment dwells on the sexual activities
of certain cast members. The manner in which this material was
presented establishes, under the third factor, that the segment
was used to pander, titillate and shock listeners.
13. In the other relevant segment, there is a discussion of
``Sphincterine,'' a purported personal hygiene product. We also
find that this segment is patently offensive. Specifically, the
show's host interviewed the inventor of ``Sphincterine'' and
promoted the sale of the product. During the course of this
interview, the host and guest made repeated references to oral
sex and to the olfactory aspects of excretory activity. For
instance, the host noted that the guest had invented
``Sphincterine'' because ``a chick was giving you oral and you
had `swamp ass'.''39 The host elicited specific information
about the encounter that lead to the creation of the product,
namely that odors emanating from the inventor's genital area
repelled his girlfriend when she had attempted to initiate
fellatio.40 Finally, this segment, like the earlier one
involving discussions involving anal sex, was interspersed with
the sound of flatulence. Given the detailed discussion of the
sounds and smells associated with excretory activity and oral
sex, which were accompanied by the sound effects of flatulence
and were dwelled upon, it is clear that the material was used to
shock and pander. Accordingly, we also find the material in this
segment of the April 9, 2003, broadcast to be patently offensive
as measured by contemporary community standards for the broadcast
medium.
14. We disagree with Clear Channel's argument that this
material does not dwell on or repeat at length descriptions of
sexual or excretory activities and that the material was not
intended to pander, nor was it presented for its shock value.41
The discussion of the use of ``Sphincterine,'' including
references to sexual and excretory organs and activities, was
sustained.42 Moreover, the discussion included commentary and
sound effects such that the tone of the discussion is vulgar and
lewd. There are repeated flatulence sound effects interspersed
in the discussion of the use of the product prior to sex 43 and
the show's host comments on his own personal hygiene practices
such that he would shower before initiating sexual activity with
the guest's girlfriend.44 Thus, unlike the unpublished staff
decisions cited by Clear Channel,45 the overall context in which
the material was presented appears to have been used to pander
and shock.46
15. After reviewing the record, we believe that these two
segments of the April 9, 2003, ``Howard Stern Show'' are patently
offensive within the meaning of our indecency definition. As to
the first segment, we find that the material involving a
discussion of the sexual practices, including anal sex, between
certain of the show's cast members, is patently offensive.47 As
for the second segment, we find that the discussion of
``Sphincterine,'' a product purportedly developed for maintaining
anal and genital hygiene, is patently offensive.48 In the second
segment, two individuals uttered apparently indecent material,
whereas in the first segment one individual uttered apparently
indecent material. The broadcast over Station WBGG-FM took place
after the Commission's notice that it might treat separate
utterances as separate violations.49 We believe that, under the
specific circumstances at issue here, it is appropriate to treat
the statements by each of the individuals as two separate
utterances and therefore two separate violations, contrary to our
more traditional approach of treating a specific program or
program segment as indecent.50 Consequently, we conclude that
there are three (3) apparent violations of the Commission's
indecency rules for each of the captioned stations that aired
this material. Three of the captioned stations are licensed to
CCBL, and thus CCBL is apparently liable for a total of nine (9)
indecency violations. Citicasters is the licensee of two of the
captioned stations, and thus is apparently liable for a total of
six (6) indecency violations, and Capstar is the license of one
captioned station, and thus is liable for a total of three (3)
indecency violations.
16. It is undisputed that 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. Thus, because there was a reasonable risk that children
may have been in the audience at the time that the material at
issue was broadcast on April 9, 2003, the material broadcast is
legally actionable.51 By broadcasting this material, Clear
Channel apparently violated the prohibitions in 18 U.S.C. § 1464
and the Commission's rule against broadcast indecency. The
Commission is aware that the ``Howard Stern Show'' originates and
is broadcast over stations owned by Infinity Broadcasting
Corporation. We instruct the Enforcement Bureau to initiate an
investigation into Infinity's broadcast of the April 9, 2003,
``Howard Stern Show'' at issue in this case.
B. Proposed Forfeiture
17. Based upon our review of the record in this case, we
conclude that CCBL, Citicasters and Capstar, subsidiaries of
Clear Channel, are apparently liable for the willful and repeated
violation of our rules. The Commission's Forfeiture Policy
Statement sets a base forfeiture amount of $7,000 for
transmission of indecent or obscene materials.52 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, 47 U.S.C. § 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.''53 In this case,
taking all of these factors into consideration, we find that
CCBL, Citicasters and Capstar are apparently liable for the
maximum statutory forfeiture amount of Twenty-Seven Thousand Five
Hundred Dollars ($27,500.00) for each apparent indecency
violation. In particular, there is a recent history of indecent
broadcasts on stations controlled by Clear Channel, the corporate
parent of CCBL, Citicasters and Capstar, which justifies
imposition of the statutory maximum forfeiture amount for each of
the apparent indecency violations. 54
18. Because we find that CCBL, Citicasters and Capstar
apparently violated 18 U.S.C. § 1464 and Section 73.3999 of the
Commission's rules by broadcasting the complained of material and
that and that each violation is subject to an apparent forfeiture
in the amount of $27,500, we conclude that CCBL is liable for a
monetary forfeiture in the amount of Two Hundred Forty-Seven
Thousand Five Hundred Dollars ($247,500.00), that Citicasters
Licenses, L.P. is apparently liable for a monetary forfeiture in
the amount of One Hundred Sixty-Five Thousand Dollars
($165,000.00) and that Capstar is apparently liable for a
monetary forfeiture in the amount of Eighty-Two Thousand Five
Hundred Dollars ($82,500.00) for willfully and repeatedly
broadcasting indecent material during the ``Howard Stern Show''
on April 9, 2003.55 Thus, the aggregate forfeiture against these
subsidiaries of Clear Channel is Four Hundred Ninety-Five
Thousand Dollars ($495,000.00). We remind licensees that
serious, repeated cases of indecency violations could be subject
to license revocation.
IV. ORDERING CLAUSES
19. 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,56 that Clear Channel Broadcasting
Licenses, Inc. is hereby NOTIFIED of its APPARENT LIABILITY FOR
FORFEITURE in the amount of Two Hundred Forty-Seven Thousand Five
Hundred Dollars ($247,500.00) for willfully violating 18 U.S.C. §
1464 and section 73.3999 of the Commission's rules.
20. IT IS FURTHER ORDERED, pursuant to section 503(b) of
the Communications Act of 1934, as amended, and section 1.80 of
the Commission's rules,57 that Citicasters Licenses, L.P., is
hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the
amount of One Hundred Sixty-Five Thousand Dollars ($165,000.00)
for willfully violating 18 U.S.C. § 1464 and section 73.3999 of
the Commission's rules.
21. IT IS FURTHER ORDERED pursuant to section 503(b) of the
Communications Act of 1934, as amended, and section 1.80 of the
Commission's rules,58 that Capstar TX Limited Partnership is
hereby NOTIFIED of its APPARENT LIABILITY FOR FORFEITURE in the
amount of Eighty-Two Thousand Five Thousand Dollars ($82,500.00)
for willfully violating 18 U.S.C. § 1464 and section 73.3999 of
the Commission's rules.
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, Clear Channel Broadcasting Licenses, Inc. SHALL PAY
the full amount of the proposed forfeiture ($247,500.00) or SHALL
FILE a written statement seeking reduction or cancellation of the
proposed forfeiture.
23. 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, Citicasters Licenses, L.P. SHALL PAY the full amount
of the proposed forfeiture ($165,000.00) or SHALL FILE a written
statement seeking reduction or cancellation of the proposed
forfeiture.
24. 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, Capstar TX Limited Partnership SHALL PAY the full
amount of the proposed forfeiture ($82,500.00) or SHALL FILE a
written statement seeking reduction or cancellation of the
proposed forfeiture.
25. Payment of the forfeiture may be made by mailing a
check or similar instrument, payable to the order of the Federal
Communications Commission, to the Forfeiture Collection Section,
Finance Branch, Federal Communications Commission, P.O. Box
73482, Chicago, Illinois 60673-7482. The payment MUST INCLUDE
the FCC Registration Numbers (``FRN'') referenced above and also
should note the NAL/Account Number referenced above.
26. The response, if any, must be mailed to William
Davenport, Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, 445 12th
Street, S.W, Room 3-B443, Washington D.C. 20554 and MUST INCLUDE
the NAL/Account Number referenced above.
27. 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.
28. Requests for payment of the full amount of this NAL
under an installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W., Washington,
D.C. 20554.59
29. Under the Small Business Paperwork Relief Act of 2002,
Pub L. No. 107-198, 116 Stat. 729 (June 28, 2002), the FCC is
engaged in a two-year tracking process regarding the size of
entities involved in forfeitures. If Clear Channel qualifies as
a small entity and if it wishes to be treated as a small entity
for tracking purposes, it should so certify to us within thirty
(30) days of this NAL, either in its response to the NAL or in a
separate filing to be sent to the Investigations and Hearings
Division. The certification should indicate whether Clear
Channel, including its parent entity and its subsidiaries, meet
one of the definitions set forth in the list provided by the
FCC's Office of Communications Business Opportunities (``OCBO'')
set forth in Attachment B of this NAL. This information will be
used for tracking purposes only. Clear Channel's response or
failure to respond to this question will have no effect on its
rights and responsibilities pursuant to Section 503(b) of the
Communications Act. If Clear Channel has questions regarding any
of the information contained in Attachment B, it should contact
OCBO at (202) 418-0990.
30. Accordingly, IT IS ORDERED, that the complaint filed
against Station WBGG-FM's broadcast of the ``Howard Stern Show''
on April 9, 2003, IS GRANTED to the extent indicated herein, AND
IS OTHERWISE DENIED, and the complaint proceeding IS HEREBY
TERMINATED.60
31. IT IS FURTHER ORDERED, that a copy of this NAL shall be
sent by Certified Mail Return Receipt Requested to Mr. Richard W.
Wolf, Vice President, Clear Channel Communications, Inc., c/o
Clear Channel Worldwide, 200 East Basse Road, San Antonio, Texas
78209-8328, to Clear Channel Broadcasting Licenses, Inc.,
Citicasters Licenses, L.P., and Capstar TX Limited Partnership,
2625 S. Memorial Drive, Suite A, Tulsa, Oklahoma 74129, with a
copy to Clear Channel's counsel, John M. Burgett, Esq., Wiley,
Rein & Fielding, LLP, 1776 K Street, N.W., Washington, D.C.,
20006, and to the complainant.
FEDERAL COMMUNICATIONS COMMISSION
Marlene H. Dortch
Secretary ATTACHMENT A
Program Transcript
EB-03-IH-0159
Radio Station: WBGG-FM, Fort Lauderdale, Florida
Date/Time Broadcast: April 9, 2003, between 7:25 and 7:45
a.m.
Material Broadcast: The Howard Stern Show
Stern: ...John's anal talk. John revealed that in his sex life
with his wife they have anal every other time they do it.,
[Sound of flatulence or anal evacuation] which seems excessive.
Some people wrote in. Here's one: ``John must have some
homosexual fantasies based on his need for [flatulence] anal.
[flatulence] We all know it doesn't feel nearly as good as
straight sex.'' I don't know if a man or a woman wrote that.
[flatulence]
``Jesus H. Christ, just the thought of that [flatulence] obese
slob Artie on the bed all sweaty, hairy, and naked giving his
girlfriend [flatulence] a, what do you call that, using his mouth
in a really dirty place makes we want to friggin' shoot myself.
Imagining the scene with Bobbabooey was no better.
[flatulence].''
Robin: Oh, my God.
Finally, ``if Stuttering John keeps up with his every other time
[flatulence][at this point you can clearly hear that something is
deleted or ``dumped'' from Stern's commentary by means of the
broadcast delay capability] unless of course he's so small that
it isn't much of a strain on her.''
John: Hey, Howard, I was only kidding about that.
Stern: No you weren't. Why, your wife came down on you?
John: Let's just say it wasn't a pleasant day in the Menendez
household.
Stern: Really, why? Is she embarrassed?
John: Yes, she doesn't, you know, want our sex life out
[flatulence].
Stern: Oh please! So, what, no more anal?
John: [flatulence] Let's just say it's every once in awhile
[flatulence].
Stern: Aye, yi, yi. You were lying, then, yesterday.
John: Yeah, I was lying [flatulence].
Stern: Okay. What?
Another voice: You know what? The in-laws heard. That's got to
be tough.
Stern: Was it the in-laws?
John: No, no, she just happened to turn it on and goes ``What is
this?''
Stern: But I've heard from her [flatulence] that she loves anal.
John: Yes, but that's at the dinner table with us, not with the
whole world listening [flatulence].
Another voice, imitating John's mother-in-law: I saw you telling
everyone that you give anal to my daughter. [flatulence]
* * *
Stern: So Bruce, I'm going to let you plug your product
Sphincterine. Now I even said I'd let you do your jingle. Give
them the Sphincterine jingle, first of all.
Bruce: All right, this is a band called the Dead Beatles.
[Musical jingle begins]: Sphincterine makes you tingle, feel so
clean. Oh, Sphincterine. Cleans you sphincter and what's
between. Ho, hey!
Stern: What did you pay for that?
Bruce: Nothing, that's my band the Dead Beatles.
Stern: The Sphincterine product. How much money have you
invested in this so far would you say?
Bruce: Probably about twenty grand.
Stern: And it's ...
Robin: How much have you made?
Bruce: I probably have tripled that in just about six months,
nine months.
Robin: Really?
Stern: You say you invented Sphincterine because a chick was
giving you oral and you had a swamp ass?
Bruce: Yeah, that's basically it, Howard, yeah. I had a bad
experience and my girl friend who's in the green room right now
was in a spontaneous mood and she caught me at a bad time and ...
Stern: Is you girlfriend good looking?
Bruce: Yeah, she's cute.
Stern: Yeah. So, oh, let me talk to her. I want to hear what
swamp ass smells like.
Bruce: I'm not sure she's going to want to do this.
Stern: What, describe swamp ass?
Bruce: She can describe swamp ass, but I'm not so sure she wants
to go on the air.
Stern: So, when you develop a product, are you a chemist, that
you would know how to do it?
Bruce: Yes.
Stern: What?
Bruce: I'm a chemist. I develop products for a natural product
company. And, uh, ...
Stern: So you decided to branch out on your own.
Bruce: Yeah.
Stern: Oh, there's your girlfriend. She is cute.
Bruce: Thank you.
Stern: So you were giving this animal oral, and you said ``Man
you've got swamp ass''? Was that how it went down?
Female Guest (Cat): Actually no, I went close for oral.
Bruce: How close? Nine inches away, I think it was.
Cat: Yeah.
Stern: Yeah. And you just said ...
Robin: You couldn't get any closer.
Stern: And you said, ``Oh, my God. You stink.'' [recording of
flatulence noise] What happened? Had you gone to the bathroom
that day and not showered?
Bruce: Yeah, it was like the end of the day, and Cat is a
spontaneous woman and she just caught me with my pants down
[flatulence noise].
Stern: Okay [flatulence noise] and you're hot by the way.
Cat: Thank you.
Stern: Yeah. What are you doing with a guy with swamp ass?
[flatulence]
Bruce: Hey, it was a one shot deal.
Stern: Honey, before I'd bang you I'd take a nice shower.
Cat: You would?
Stern: Yeah, I sure would
Cat: Oh. That would be nice.
Stern: Yeah. So ...
Bruce: I go beyond that. Now I Sphincterine before I bang her.
Stern: Talk about Sphincterine. So, you developed this product,
and let's say I go to the bathroom, and I don't feel fresh.
Bruce: You were talking recently about when you go to the
bathroom, you use toilet paper with water on it. This product is
really excellent for that particular situation you have.
Stern: What is it, a spray bottle or a cream?
Bruce: It's a liquid, and it also comes in towelettes. So what
you've got is something that you, the liquid, that you apply to
toilet paper like water, as you once said on the air.
Stern: I see.
Bruce: You put it on, it's all natural ingredients.
Stern: Is it like a baby wipe?
Bruce: It's like a baby wipe, but those wipes are loaded with
chemicals and bad ingredients. This is all natural, and it feels
good. And you know, I'm going to let Cat talk about another
purpose, uh, Cat.
Stern: I don't know if I want an infomercial.
Bruce: No, Howard, this is cool.
Stern: You know your dog was probably going to beat Artie
anyway.
Bruce: The bottom line is that Cat uses it on the front as well.
Stern: Really? No problems using that? It doesn't affect you
in anyway?
Cat: No. Actually, but it has a nice effect. It makes you
tingle...
October 2002
ATTACHMENT B
FCC List of Small Entities
As described below, a ``small entity'' may be a small
organization,
a small governmental jurisdiction, or a small business.
(1) Small Organization
Any not-for-profit enterprise that is independently owned
and operated and
is not dominant in its field.
(2) Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages,
school districts, or
special districts, with a population of less than fifty
thousand.
(3) Small Business
Any business concern that is independently owned and
operated and
is not dominant in its field, and meets the pertinent size
criterion described below.
Industry Type Description of Small Business
Size Standards
Cable Services or Systems
Special Size Standard -
Cable Systems Small Cable Company has 400,000
Subscribers Nationwide or Fewer
Cable and Other Program
Distribution $12.5 Million in Annual
Receipts or Less
Open Video Systems
Common Carrier Services and Related Entities
Wireline Carriers and
Service providers
1,500 Employees or Fewer
Local Exchange Carriers,
Competitive Access
Providers, Interexchange
Carriers, Operator Service
Providers, Payphone
Providers, and Resellers
Note: With the exception of Cable Systems, all size
standards are expressed in either millions of dollars or
number of employees and are generally the average annual
receipts or the average employment of a firm. Directions
for calculating average annual receipts and average
employment of a firm can be found in
13 CFR 121.104 and 13 CFR 121.106, respectively.
International Services
International Broadcast
Stations
$12.5 Million in Annual
Receipts or Less
International Public Fixed
Radio (Public and Control
Stations)
Fixed Satellite
Transmit/Receive Earth
Stations
Fixed Satellite Very Small
Aperture Terminal Systems
Mobile Satellite Earth
Stations
Radio Determination
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
Mass Media Services
Television Services
$12 Million in Annual Receipts
or Less
Low Power Television
Services and Television
Translator Stations
TV Auxiliary, Special
Broadcast and Other Program
Distribution Services
Radio Services
$6 Million in Annual Receipts
or Less
Radio Auxiliary, Special
Broadcast and Other Program
Distribution Services
Multipoint Distribution Auction Special Size Standard -
Service Small Business is less than
$40M in annual gross revenues
for three preceding years
Wireless and Commercial Mobile Services
Cellular Licensees
1,500 Employees or Fewer
220 MHz Radio Service -
Phase I Licensees
220 MHz Radio Service - Auction special size standard -
Phase II Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
controlling principals)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
controlling principals)
700 MHZ Guard Band Licensees
Private and Common Carrier
Paging
Broadband Personal
Communications Services 1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal Auction special size standard -
Communications Services Small Business is $40M or less
(Block C) in annual gross revenues for
three previous calendar years
Very Small Business is average
gross revenues of $15M or less
for the preceding three
calendar years (includes
affiliates and persons or
entities that hold interest in
such entity and their
affiliates)
Broadband Personal
Communications Services
(Block F)
Narrowband Personal
Communications Services
Rural Radiotelephone Service 1,500 Employees or Fewer
Air-Ground Radiotelephone
Service
800 MHz Specialized Mobile Auction special size standard -
Radio Small Business is $15M or less
average annual gross revenues
for three preceding calendar
years
900 MHz Specialized Mobile
Radio
Private Land Mobile Radio 1,500 Employees or Fewer
Amateur Radio Service N/A
Aviation and Marine Radio
Service 1,500 Employees or Fewer
Fixed Microwave Services
Small Business is 1,500
Public Safety Radio Services employees or less
Small Government Entities has
population of less than 50,000
persons
Wireless Telephony and
Paging and Messaging 1,500 Employees or Fewer
Personal Radio Services N/A
Offshore Radiotelephone 1,500 Employees or Fewer
Service
Wireless Communications Small Business is $40M or less
Services average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
39 GHz Service
Auction special size standard
(1996) -
Multipoint Distribution Small Business is $40M or less
Service average annual gross revenues
for three preceding calendar
years
Prior to Auction -
Small Business has annual
revenue of $12.5M or less
Multichannel Multipoint
Distribution Service $12.5 Million in Annual
Receipts or Less
Instructional Television
Fixed Service
Auction special size standard
(1998) -
Local Multipoint Small Business is $40M or less
Distribution Service average annual gross revenues
for three preceding years
Very Small Business is average
gross revenues of $15M or less
for the preceding three years
First Auction special size
standard (1994) -
Small Business is an entity
that, together with its
affiliates, has no more than a
218-219 MHZ Service $6M net worth and, after
federal income taxes (excluding
carryover losses) has no more
than $2M in annual profits each
year for the previous two years
New Standard -
Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Satellite Master Antenna
Television Systems $12.5 Million in Annual
Receipts or Less
24 GHz - Incumbent Licensees 1,500 Employees or Fewer
24 GHz - Future Licensees Small Business is average gross
revenues of $15M or less for
the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Very Small Business is average
gross revenues of $3M or less
for the preceding three years
(includes affiliates and
persons or entities that hold
interest in such entity and
their affiliates)
Miscellaneous
On-Line Information Services $18 Million in Annual Receipts
or Less
Radio and Television
Broadcasting and Wireless
Communications Equipment 750 Employees or Fewer
Manufacturers
Audio and Video Equipment
Manufacturers
Telephone Apparatus
Manufacturers (Except 1,000 Employees or Fewer
Cellular)
Medical Implant Device 500 Employees or Fewer
Manufacturers
Hospitals $29 Million in Annual Receipts
or Less
Nursing Homes $11.5 Million in Annual
Receipts or Less
Hotels and Motels $6 Million in Annual Receipts
or Less
Tower Owners (See Lessee's Type of Business)
STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re: Clear Channel Broadcasting Licenses, Inc., Licensee of
Stations WBGG-FM, Fort Lauderdale, Florida, WTKS-FM, Cocoa Beach,
Florida, and WTFX-FM, Louisville, Kentucky; Citicasters Licenses,
L.P., Licensee, Stations KIOZ(FM), San Diego, California, and
WNVE(FM), Honeoye Falls, New York; and Capstar TX Limited
Partnership, Licensee of Station WXDX-FM, Pittsburgh,
Pennsylvania, Notice of Apparent Liability for Forfeiture
I have long advocated that the Commission use all of the
tools it has to tackle indecency on the public's airwaves.
Today's decision is a step forward towards imposing meaningful
fines. For the first time, the Commission assesses a fine
against more than a single utterance, rather than counting an
entire program as one utterance. In addition, the Commission
makes clear that its indecency enforcement will address not only
the station that is the subject of a complaint, but also any
other station that aired the same programming. I therefore vote
to approve this decision.
STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
Re: Clear Channel Broadcasting Licenses, Inc., Licensee of
Stations WBGG-FM, Fort Lauderdale, Florida, WTKS-FM, Cocoa
Beach, Florida, WTFX-FM, Louisville, Kentucky; Citicasters
Licenses, L.P., Licensee of Stations KIOZ(FM), San Diego,
California, WNVE(FM), Honeoye Falls, New York; Capstar TX
Limited Partnership, Licensee of Station WXDX-FM,
Pittsburgh, Pennsylvania; Notice of Apparent Liability for
Forfeiture
I support this Notice of Apparent Liability for the
broadcast of indecent material at a time when children may be in
the audience. By issuing this NAL, we step up to our
responsibility to enforce statutory and regulatory provisions
restricting broadcast indecency. For the first time, we impose
fines based upon separate utterances. While this is not the most
egregious case that I have seen, the material broadcast is
indecent under our standards and the fines appropriately account
for the violation of our rules.
Since I arrived at the Commission, we have greatly stepped
up our enforcement against indecent broadcasts. I expect that
stepped-up actions like those we take today will convince
broadcasters that they cannot ignore their responsibility to
serve the public interest and to avoid the broadcast of indecent
material over the public airwaves.
_________________________
1 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.
2 See 18 U.S.C. § 1464, 47 C.F.R. § 73.3999 and 47 U.S.C. §
503(b).
3 Letter from complainant, to Enforcement Bureau, Federal
Communications Commission, dated April 24, 2003.
4 Attachment A, Program Transcript.
5 Letter from the Chief, Investigations and Hearings Division,
Enforcement Bureau, to Clear Channel Broadcasting Licenses, Inc.,
dated July 18, 2003.
6 See Letter from Richard W. Wolf, Vice President, Clear Channel
Communications, Inc., to Marlene H. Dortch, Secretary, Federal
Communications Commission, dated August 18, 2003 (``Clear Channel
Response''), at 1.
7 Id.
8 Clear Channel Response at 1 and Declaration of Clint Ferro,
WBGG-FM producer for the ``Howard Stern Show.'' Clear Channel
indicates that WBGG-FM broadcasts the show on a 7.5-second delay
so that it can block out or ``flush'' any material that it does
not want to air.
9 Id. at 2-4. The five other stations are: WTKS-FM, Cocoa
Beach, Florida; WTFX-FM, Louisville, Kentucky; WNVE(FM), Honeoye
Falls, New York; KIOZ(FM), San Diego, California; and WXDX-FM,
Pittsburgh, Pennsylvania.
10 Clear Channel Response at 2-4.
11 Id.
12 See U.S. CONST., amend. I; 47 U.S.C. § 326.
13 18 U.S.C. § 1464.
14 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1); see also 47
U.S.C. § 503(b)(1)(D)(forfeitures for violation of 18 U.S.C. §
1464). 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. 47 U.S.C. §
312(f)(1). 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, H.R. Rep. No. 97-765, 97th
Cong. 2d Sess. 51 (1982), and the Commission has so interpreted
the term in the section 503(b) context. See, e.g., Application
for Review of Southern California Broadcasting Co., Memorandum
Opinion and Order, 6 FCC Rcd 4387, 4388 (1991) (``Southern
California Broadcasting Co.''). The Commission may also assess a
forfeiture for violations that are merely repeated, and not
willful. See, e.g., Callais Cablevision, Inc., Grand Isle,
Louisiana, Notice of Apparent Liability for Monetary Forfeiture,
16 FCC Rcd 1359 (2001) (issuing a Notice of Apparent Liability
for, inter alia, a cable television operator's repeated signal
leakage). ``Repeated'' merely means that the act was committed
or omitted more than once, or lasts more than one day. Southern
California Broadcasting Co., 6 FCC Rcd at 4388, ¶ 5; Callais
Cablevision, Inc., 16 FCC Rcd at 1362, ¶ 9.
15 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
16 See, e.g., SBC Communications, Inc., Apparent Liability for
Forfeiture, Forfeiture Order, 17 FCC Rcd 7589, 7591, ¶ 4
(2002)(forfeiture paid).
17 U.S. CONST., amend. I; see Action for Children's Television v.
FCC, 852 F.2d 1332, 1344 (D.C. Cir. 1988) (``ACT I'').
18 Title 18 of the United States Code, Section 1464 (18 U.S.C. §
1464), prohibits the utterance of ``any obscene, indecent or
profane language by means of radio communication.'' FCC v.
Pacifica Foundation, 438 U.S. 726 (1978). See also ACT I, 852
F.2d at 1339; Action for Children's Television v. FCC, 932 F.2d
1504, 1508 (D.C. Cir. 1991), cert. denied, 503 U.S. 914 (1992)
(``ACT II''); Action for Children's Television v. FCC, 58 F. 3d
654 (D.C. Cir. 1995), cert. denied, 516 U.S. 1043 (1996) (``ACT
III'').
19 ACT I, 852 F.2d at 1344 (``Broadcast 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.''), ACT I, 852 F.2d at 1340, n.14 (``the potential
chilling effect of the FCC's generic definition of indecency will
be tempered by the Commission's restrained enforcement policy.'')
20 Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd
2705 (1987)(subsequent history omitted)(citing Pacifica
Foundation, 56 FCC 2d 94, 98 (1975), aff'd sub nom. FCC v.
Pacifica Foundation, 438 U.S. 726 (1978)).
21 Industry Guidance on the Commission's Case Law Interpreting 18
U.S.C. §1464 and Enforcement Policies Regarding Broadcast
Indecency (``Indecency Policy Statement''), 16 FCC Rcd 7999,
8002, ¶¶ 7-8 (2001) (emphasis in original).
22 Clear Channel Response at 5.
23 The ``contemporary standards for the broadcast medium''
criterion is that of an average broadcast listener and with
respect to Commission decisions, does not encompass any
particular geographic area. See Indecency Policy Statement at
8002, ¶ 8 and n. 15.
24 Id. at 8002, ¶ 9 (emphasis in original).
25 Id. at 8002-15, ¶¶ 8-23.
26 Id. at 8003, ¶ 10.
27 Id. at 8009, ¶ 19 (citing Tempe Radio, Inc (KUPD-FM), 12 FCC
Rcd 21828 (MMB 1997) (forfeiture paid) (extremely graphic or
explicit nature of references to sex with children outweighed the
fleeting nature of the references); EZ New Orleans, Inc.
(WEZB(FM)), 12 FCC Rcd 4147 (MMB 1997) (forfeiture paid) (same).
28 Id. at 8010, ¶ 20 (``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'').
29 Attachment A at 11-12. Id.
30 Id.
31 Id. at 11. There is a reference to oral sex as ``using his
mouth in a really dirty place.'' To the extent that the
discussion also used innuendo, rather than direct references, it
is nonetheless sufficient to render the material actionably
indecent because the sexual import of those references was
``unmistakable.'' See Indecency Policy Statement, 16 FCC Rcd at
8002-04, ¶¶ 9-12 (2001).
32 See, e.g., Citicasters Co. (KEGL(FM)), Notice of Apparent
Liability for Monetary Forfeiture, 16 FCC Rcd 7546 (EB
2001)(forfeiture paid)(conversation among hosts and adult film
actors concerning, among other things, oral and anal sex);
Infinity Broadcasting Corporation of Pennsylvania (WYSP(FM)), 3
FCC Rcd 930, 932-33 ¶ 20 (1987)(subsequent history omitted).
33 See Clear Channel Response at 4-5, citing various unpublished
staff denials.
34 See Letter from Charles W. Kelley, Chief, Investigations and
Hearings Division, Enforcement Bureau, dated May 3, 2002, EB -01-
IH-0326; Letter from Charles W. Kelley, Chief, Investigations and
Hearings Division, Enforcement Bureau, dated April. 23, 2002, EB
-02-IH-0078; Letter from Charles W. Kelley, Chief, Investigations
and Hearings Division, Enforcement Bureau, dated Feb. 5, 2002,
EB-01-IH-0357.
35 See Clear Channel Response at 4-5, citing Memo from Thom
Winkler to WIOD(AM) Complaint File, dated Apr. 21, 1997, FCC Ref.
No. 91010196; Letter from Norman Goldstein, Chief, Complaints and
Political Programming Branch, Enforcement Division, Mass Media
Bureau, dated May 15, 1997, FCC Ref. No. 94069521; Letter from
Norman Goldstein, Chief, Complaints and Political Programming
Branch, Enforcement Division, Mass Media Bureau, dated Jan. 23,
1997, FCC Ref. No. 94110410.
36 See, e.g., Amor Family Broadcasting Group v. FCC, 918 F. 2d
960, 962 (D.C. Cir. 1990), citing Homemakers North Shore, Inc. v.
Bowen, 832 F.2d 408, 413 (7th Cir. 1987). See also Lorenzo
Jelks v. FCC, 146 F.3d 878, 881 (D.C. Cir. 1998).
37 See Attachment A, Program Transcript at 11-12.
38 See Clear Channel Broadcasting Licenses, Inc.(WPLA(FM),
WCKT(FM)), Notice of Apparent Liability for Monetary Forfeiture,
19 FCC Rcd 1768, ¶ 9 (2004).
39 Attachment A, Program Transcript at 12.
40 Id. at 13.
41 Clear Channel Response at 6.
42 See, e.g., Emmis Radio License Corporation (WKQX(FM)), Notice
of Apparent Liability for Monetary Forfeiture, 17 FCC Rcd 5263,
5266 ¶¶ 10-11 (EB 2002); Apparent Liability for Forfeiture,
Forfeiture Order, 17 FCC Rcd 21697, 21699 ¶ 9 (EB 2002), recon.
denied, Memorandum Opinion and Order, 19 FCC Rcd 2697 (EB 2004).
43 Attachment A, Program Transcript, at 12-14.
44 Id. at 12.
45 Clear Channel Response at 6, citing Letter from Charles W.
Kelley, Chief, Investigations and Hearings Division, Enforcement
Bureau, dated Feb. 5, 2002, EB-01-IH-0315; Letter from Charles W.
Kelley, Chief, Investigations and Hearings Division, Enforcement
Bureau, dated April 22, 2002, EB-02-IH-0040.
46 See, e.g., Citicasters Co (KSJO(FM)), Notice of Apparent
Liability for Monetary Forfeiture, 15 FCC Rcd 19095, 19096, ¶6
(EB 2000)(forfeiture paid) (discussion of sexual techniques
featuring nationally recognized sex therapist and certified
clinical sexologist presented in pandering and titillating
manner).
47 Attachment A, Program Transcript at 11-12, ending at ``***.''
48 Id. at 12-14, beginning after ``***.''
49 Infinity Broadcasting Operations, Inc., (WKRK-FM), Notice of
Apparent Liability for Monetary Forfeiture, 18 FCC Rcd 6915,
6918-19, ¶ 12 (2003), Apparent Liability for Forfeiture,
Forfeiture Order, 18 FCC 26360 (2003), recon. denied, 19 FCC Rcd
____, FCC 04-34 (rel. Mar. 5, 2004).
50 In this regard, we note that, depending on the facts in
specific cases, we may also treat some of the specific words or
phrases spoken by one individual to be separate utterances
themselves and therefore separate violations.
51 See ACT III, 58 F.3d at 660-63.
52 The Commission's Forfeiture Policy Statement and Amendment of
Section 1.80 of the Rules to Incorporate the Forfeiture
Guidelines, 12 FCC Rcd 17087, 17113 (1997), recon. denied 15 FCC
Rcd 303 (1999) (``Forfeiture Policy Statement''); 47 C.F.R. §
1.80(b). The Commission amended its rules to increase the
maximum penalties to account for inflation since the last
adjustment of the penalty rates. The new rates apply to
violations that occur or continue after November 13, 2000. See
Order, In the Matter of Amendment of Section 1.80(b) of the
Commission's Rules and Adjustment of Forfeiture Maxima to Reflect
Inflation, 15 FCC Rcd 18221 (2000).
53 Forfeiture Policy Statement, 12 FCC Rcd at 17100-01, ¶ 27.
54 AMFM Radio Licenses, LLC (WWDC(FM)), Notice of Apparent
Liability for Monetary Forfeiture, 18 FCC Rcd 19917 (2003)
(forfeiture paid); Citicasters Co. (KEGL(FM)), Notice of Apparent
Liability for Monetary Forfeiture 16 FCC Rcd 7546 (EB 2001)
(forfeiture paid); Citicasters Co. (KSJO(FM)), Notice of Apparent
Liability for Monetary Forfeiture, 15 FCC Rcd 19095 (EB 2000)
(forfeiture paid); Citicasters Co. (KSJO(FM)), Notice of Apparent
Liability for Monetary Forfeiture, 15 FCC Rcd 19091 (EB 2000)
(forfeiture paid).
55 The forfeiture amount proposed against each station of each
Clear Channel subsidiary is allocated on the basis of three
indecency violations per station, and $27,500.00 per violation,
for a total of $82,500.00 (3 x $27,500.00) per station.
56 47 C.F.R. § 1.80.
57 47 C.F.R. § 1.80.
58 47 C.F.R. § 1.80.
59 See 47 C.F.R. § 1.1914.
60 Consistent with section 503(b) of the Act and consistent
Commission practice, for the purposes of the forfeiture
proceeding initiated by this NAL, Clear Channel and its
subsidiaries Clear Channel Broadcasting Licenses, Inc.,
Citicasters Licenses, L.P. and Capstar TX Limited Partnership,
shall be the only parties to this proceeding.