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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
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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
 May 14, 2004
 NEWS MEDIA CONTACT:
 Janice Wise at (202) 418-7450
Janice.Wise@FCC.GOV



COMMISSION AFFIRMS FORFEITURE AGAINST ENTERCOM FOR
VIOLATIONS OF INDECENCY RULE

Washington, D.C. - Today, the Commission denied an Application for Review filed by Entercom Seattle License, LLC, licensee of Station KNDD(FM), Seattle, Washington. Entercom sought review of a Forfeiture Order imposing a penalty of $12,000 for willful and repeated broadcasts of indecent material during the ``Andy Savage Show.''

The Commission's Enforcement Bureau had imposed the $12,000 forfeiture after rejecting Entercom's arguments that the material at issue did not meet the indecency definition, and that the Commission's indecency definition is unconstitutional. Entercom then filed the Application for Review, requesting that the Commission rescind the forfeiture, based upon these same arguments. The Commission affirmed the Bureau's decision in all respects.

Action by the Commission, April 8, 2004, Memorandum Opinion and Order (FCC 04-89). Chairman Powell and Commissioners Abernathy, Martin and Adelstein. Commissioner Martin issuing a statement. Commissioner Copps dissenting and issuing a statement.

Enforcement Bureau contact: Janice Wise at (202) 418-8165.

-FCC-