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 FCC NEWS

FEDERAL COMMUNICATIONS COMMISSION
445 12th STREET S.W.
WASHINGTON, D.C. 20554

News media information 202/418-0500
TTY 202/418-2555
Fax-On-Demand 202/418-2830
Internet http://www.fcc.gov
ftp://ftp.fcc.gov
This is an unofficial announcement of Commission Action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 516 F 2d 385 (D.C. Circ 1974)

FOR IMMEDIATE RELEASE
 January 27, 2004
 NEWS MEDIA CONTACT:
 Suzanne Tetreault (202) 418-7450



COMMISSION PROPOSES TO FINE YOUNG BROADCASTING OF SAN FRANCISCO, INC., STATUTORY MAXIMUM FOR APPARENT VIOLATION OF INDECENCY RULES

Washington, D.C. - Today, the Federal Communications Commission issued a Notice of Apparent Liability for Forfeiture against Young Broadcasting of San Francisco, Inc. for apparently willfully broadcasting indecent material during a ``KRON 4 Morning News'' show on October 4, 2002 at approximately 8:25 a.m. The Commission proposed the statutory maximum amount of $27,500.

The Commission based its action on a broadcast in which the show's hosts interviewed performers with the stage production of ``Puppetry of the Penis,'' who appeared in capes but were otherwise naked beneath their capes. During the course of the interview, one of the performers exposed his penis on camera. The Commission concluded that, although the broadcast of this material was fleeting in that it occurred for less than a second, it was graphic and explicit, and the manner in which the station presented the material demonstrated that it was intended to pander to, titillate and shock viewers. The Commission also concluded that the station failed to take adequate precautions to ensure that no actionably indecent material was broadcast despite its awareness that the interview involved performers who appear nude to manipulate their genitalia. Under these circumstances, the Commission concluded that the airing of indecent material during the interview was clearly foreseeable.

The Commission proposed the statutory maximum forfeiture amount based on the extremely graphic and pandering nature of the material and the licensee's culpability in failing to take adequate precautions to prevent the broadcast of indecent material.

Action by the Commission: January 23, 2004 Notice of Apparent Liability for Forfeiture (FCC 04-16).

Chairman Powell, Commissioners Abernathy, Copps, Martin, and Adelstein. Chairman Powell and Commissioners Copps, Martin and Adelstein issuing separate statements.

Enforcement Bureau Contacts: Suzanne Tetreault or Lisa Fowlkes (202) 418-7450.

-FCC-

Click here for separate statement of Chairman Michael K. Powell
Click here for separate statement of Commissioner Michael J. Copps
Click here for separate statement of Commissioner Kevin J. Martin
Click here for separate statement of Commissioner Jonathan S. Adelstein