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

In the Matter of                  )
                                 )      Control   No.   EB-00-IH-
WLDI, Inc.                        00140a
Licensee of Station WCOM(FM)      )           NAL/Acct.        No. 
Bayamon, Puerto Rico              200132080018
                                 )     ID # 54471
                                 )     CMW


Adopted:  February 8, 2001                        Released:  
February 8, 2001

By the Chief, Enforcement Bureau

                        I.   INTRODUCTION

In this Notice of Apparent Liability for Forfeiture, we find that 
WLDI, Inc., licensee of Station WCOM(FM), Bayamon, Puerto Rico, 
has apparently willfully and repeatedly violated 18 U.S.C. § 1464 
and section 73.3999 of the Commission's rules, 47 C.F.R. § 
73.3999, by broadcasting indecent material.  Based on our review 
of the facts and circumstances in this case, we conclude that 
WLDI, Inc. is apparently liable for a forfeiture in the amount of 
twenty one thousand dollars ($21,000).

                         II.  BACKGROUND

The Commission received a complaint alleging that Station 
WCOM(FM), Bayamon, Puerto Rico, broadcast indecent material 
during the Spanish language program, ``Morning Party'' (``El 
vacilon de la Manana''), on October 18, 19, and 20, 1999, between 
6:00 a.m. and 10:00 a.m.  The complainant provided us with a 
cassette recording of the broadcasts which we translated.  A copy 
of our translation of the material at issue is attached hereto.  
We issued a letter of inquiry to WLDI, Inc., asking the licensee 
whether it broadcast the material at issue and whether the 
transcript (as translated) accurately reflected the material as 
broadcast.  WLDI, Inc. filed responses to our inquiry on October 
17, 2000, and December 11, 2000.

WLDI, Inc. admits that Station WCOM(FM) broadcast the material at 
issue during its ``Morning Party'' program.  Further, WLDI, Inc. 
states that it has reviewed the audio tape of the material 
provided by the Commission and that its translation of the 
material is ``substantially identical to the transcript provided 
by the Commission.''  However, WLDI, Inc. is unable to confirm 
the precise dates of the broadcasts.

WLDI, Inc. contends that it should not be held accountable for 
the broadcasts in question, since there has been a transfer of 
control of the licensee subsequent to the broadcasts.  It asserts 
that the new owner of the licensee, Spanish Broadcasting System 
(``SBS''), takes ``no responsibility for the actions of the 
station, its management or its employees'' at the time of the 
alleged violations.  WLDI, Inc.'s October 17, 2000, response.  
Further, in its December 11, 2000, response, WLDI, Inc. states 
that SBS ``reserves the right to challenge the staff's conclusion 
that SBS was and/or is responsible for the operation of the 
station at the time in question.''

WLDI, Inc. was the licensee of Station WCOM(FM) at the time of 
the alleged violations, and remains the licensee today.  It is 
well established that, ``[t]he transfer of control of the stock 
of the licensee corporation subsequent to the violations does not 
excuse the licensee for the violations.''  See, Winslow 
Communications, Inc., 45 FCC 2d 662, 663 (1974). 

Section 503 of the Communications Act of 1934, as amended, 47 
U.S.C. § 503, authorizes the Commission to impose forfeitures on 
any person who knowingly violates the Act or our rules.  Section 
503(b)(1) of the Act provides in pertinent part:

          Any person who is determined by the Commission, in 
          accordance with 
          paragraph (3) or (4) of this subsection, to have . . . 
          violated any provision
          of section 1304, 1343, or 1464 of title 18, United 
States Code; shall be liable
                   to the United States for a forfeiture penalty.

The Commission has statutory authority to take appropriate 
administrative action when licensees broadcast material in 
violation of 18 U.S.C. § 1464, which provides criminal penalties 
for anyone who "utters any obscene, indecent or profane language 
by means of radio communication."  The fact that control of the 
licensee has changed hands, does not affect our ability to impose 
a forfeiture or the company's liability for its actions.

The Commission has defined indecent speech as language 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.  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).  The Commission's authority to restrict the 
broadcast of indecent material extends to times when there is a 
reasonable risk that children may be in the audience.  Action for 
Children's Television v. FCC, 852 F.2d 1332 (D.C. Cir. 1988).  
Current law holds that such times begin at 6 a.m. and conclude at 
10 p.m.  Action for Children's Television v. FCC, 58 F.3d 654 
(D.C. Cir. 1995), cert. denied, 116 S.Ct. 701 (1996).   Thus, to 
be actionably indecent, the material in question must not only 
meet the standard referenced above but also air after 6 a.m. and 
before 10 p.m.  See 47 C.F.R. § 73.3999.

It appears that the broadcasts at issue are indecent because they 
contain graphic, patently offensive discussions of sexual 
activities or organs.  The Commission previously found similar 
material that contains unmistakable patently offensive references 
to sexual activities to be indecent.1  Because the material aired 
between 8 a.m. and 10 a.m., when there was a reasonable risk that 
children may have been in the audience, it is legally actionable.  
Thus, it appears that on or about October 18, 19, and 20, 1999,

WLDI, Inc., violated 18 U.S.C. § 1464 by airing indecent 
programming on Station WCOM(FM).

Section 503(b) of the Act, 47 U.S.C. § 503(b), and Section 
1.80(a) of the Commission's rules, 47 C.F.R § 1.80, both state 
that any person who willfully or repeatedly fails to comply with 
the provisions of the Act or the rules shall be liable for a 
forfeiture penalty.  For purposes of Section 503(b) of the Act, 
the term ``willful'' means that the violator knew it was taking 
the action in question, irrespective of any intent to violate the 
Commission's rules.2

The Commission's Forfeiture Policy Statement sets a base 
forfeiture amount of $7,000 for transmission of indecent/obscene 
materials.3  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.'' 12 FCC Rcd at 17110.  After reviewing all of the 
circumstances, we believe a $21,000 forfeiture is appropriate in 
this case for the apparent willful broadcast of indecent material 
on three separate occasions.  In determining the amount of the 
forfeiture, we considered, but ultimately found insignificant, 
the fact that there was a transfer of control of WLDI, Inc. 
subsequent to the broadcasts in question.

                   III.      ORDERING CLAUSES

ACCORDINGLY, IT IS ORDERED, pursuant to Section 503(b) of the 
Communications Act of 1934, as amended, and Sections 0.111, 
0.311, and 1.80 of the Commission's rules,4 that WLDI, Inc. is 
amount of twenty one thousand dollars ($21,000) for willfully and 
repeatedly violating 18 U.S.C. § 1464 and Section 73.3999 of the 
Commission's rules.

 IT IS FURTHER ORDERED, pursuant to Section 1.80 of the 
Commission's rules, that within thirty days of the release of 
this Notice, WLDI, Inc. SHALL PAY the full amount of the proposed 
forfeiture or SHALL FILE a written statement seeking reduction or 
cancellation of the proposed forfeiture.

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 should note the 
NAL/Acct. No. referenced above.

The response, if any, must be mailed to Charles W. Kelley, Chief, 
Investigations and Hearings Division, Enforcement Bureau, Federal 
Communications Commission, 445 12th Street, S.W, Room 3-B443, 
Washington DC 20554 and MUST INCLUDE the NAL/Acct. No. referenced 

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.

Requests for payment of the full amount of this Notice of 
Apparent Liability under an installment plan should be sent to: 
Chief, Credit and Debt Management Center, 445 12th Street, S.W., 
Washington, D.C. 20554.5

IT IS FURTHER ORDERED that a copy of this Notice shall be sent, 
by Certified Mail/Return Receipt Requested, to WLDI, Inc.'s 
counsel, Allan G. Moskowitz, Esq., Kaye, Scholer, Fierman, Hays & 
Handler, LLP, The McPherson Building, 901 Fifteenth Street, N.W., 
Suite 1100, Washington, D.C., 20005-2327.


                         David H. Solomon
                         Chief, Enforcement Bureau


Radio Station:           WCOM(FM)
Date/Time Broadcast:  October 18, 19, and 20, 1999, during the 
``Morning Party,''
                                        Between 6:00 a.m. and 
10:00 a.m.
Material Broadcast:      Comments

Translated into English.  Parentheticals are comments regarding 

MV:   Male Voice
M2:    Second male voice
M3:    Third male voice
M4:    Fourth male voice
FV:     Female voice
F2:      Second female voice

October 18, 1999

*      *

M2      An autodidactic nut
FV       I am autodidactic and a swallow addict ``tragadictona'' 
(made up word in Spanish)
M2       swallow addict ``tragadictona''
FV       I also like to be ``joyera'' once in a while. (The word 
``joyera'' implies anal sex.
            However, its literary meaning is ``female jeweler.'')
MV:    Are you also ``joyera''?
M2:     ``Metele cáculo batería batería'' (Stick a battery into 
me...meaning yes, she(he)
            also likes anal sex)
FV       But in addition my specialty are facials. (Double 
entendre...meaning oral sex)
MV     Facials?
FV       You didn't know that?
MV     No
M2      Shave, she likes to shave
FV       Oh baby give me a facial.  You get a facial?
M2       shave, shave, shave
FV       No, my love, your wife starts like this plash plash with 
a cannon between two
            Mountains and then after that comes shu shu shu shu 
lots of cleansing milk.
MV     Uhum....

*     *

October 19, 1999

*    *

MV      And here, at the meteorological center we know him as 
Chu.  Talking faster 
             (laugh) Suck my Rod is a hurricane with winds that 
are too strong.  In addition it is
             a two legged hurricane with two black balls of 
clouds coupled to a buttock with
             high winds (laugh) with high winds with buttock 
shape.  This buttocks grab every
             faggot they find on the street
M2       Mm
MV      Accordingly we recommend to every gay, gay gigolo and 
homosexual to stay 
             Home with their hurricane shutters because Suck My 
Rod is category 28 
             hurricane, something never seen before.  Something 
never seen before.  I
             recommend that everybody stay home because we are 
expecting it to arrive.  If
             José arrives Thursday this one arrives Friday around 
5:00 for happy hour.  This
             has been presented by John Tuti Morales directly 
from the national
             meteorological center for the city of Miami.
M2       It's 6:55 there you had the most recent truth about our 
weather conditions.  Good

*       *    

M4        ...and another group and I also wanted to say a joke.
MV      Go ahead, get the monkeys ready, get the monkeys ready
M4       There were three ants on a girl's body, one of them says 
she is going up to the 
             mountains where it's cool.  Then the other two 
decide to go each to a different
             cave and talk the following morning.  On the 
following day one of them comes out
             and says: Damn, up there it was cool.  Then another 
one said: Damn where I was
      it was stinky. Then she asks the third one why she is all 
stained. She replied:
             Where I was there was this stick coming in and out, 
in and out, then I called him
             mother fucker and he spit me (monkey sounds).

*    * 

October 20, 1999

*     *

FV      Hello
MV    What you like best to do?
FV      Oral sex
MV    Oral sex. And what you like best to be done to you?
FV      O my god, to be sucked all over.
MV    To be sucked all over, all over..all over
M2     She should buy a vacuum cleaner.
FV      Raymond this is for you, take notes.
M2     She should buy a vacuum cleaner.
MV    Raymond take note.
M2     Ask her if she swallows the melody when she sings.
MV    Do you like to sing and do you swallow the melody?
FV      I sing. I repeat I swallow the melody.
MV     There it is
M2     ``Que clase de chicharrón ave María''(What a nugget, Hail 

*     *

1 See e.g., WQAM License Limited Partnership, 15 FCC Rcd 2518 
(2000), recon. denied, 15 FCC Rcd 15349 (2000).

2 See Southern California Broadcasting Co., 6 FCC Rcd 4387 

3 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. § 

4 47 C.F.R. §§ 0.111, 0.311 and 1.80.

5 See 47 C.F.R. § 1.1914.