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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) Control No. EB-00-IH-
Telemundo of Puerto Rico License 00140
Corp. )
) NAL/Acct. No.
Licensee of Station WKAQ-TV 200132080026
San Juan, Puerto Rico ) ID # 64983
)
)
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: March 29, 2001 Released: March 30,
2001
By the Chief, Enforcement Bureau
I. INTRODUCTION
In this Notice of Apparent Liability for Forfeiture, we find that
Telemundo of Puerto Rico License Corp. (``Telemundo''), licensee
of Station WKAQ-TV, San Juan, Puerto Rico, has broadcast indecent
material in apparent willful and repeated violation of 18 U.S.C.
§ 1464 and section 73.3999 of the Commission's rules, 47 C.F.R. §
73.3999. Based on our review of the facts and circumstances in
this case, we conclude that Telemundo is apparently liable for a
forfeiture in the amount $21,000.
II. BACKGROUND
The Commission received a complaint alleging that Station WKAQ-
TV, San Juan, Puerto Rico, broadcast indecent material during the
Spanish language program ``No te Duermas'' on April 3 and 10, and
May 29, 2000, between 8:30 p.m. and 10:00 p.m. The complainant
provided a video tape of the broadcasts. We issued a letter of
inquiry to Telemundo, asking the licensee whether it broadcast
the material at issue and whether the transcript (as translated)
accurately reflected the material as broadcast. Telemundo filed
a response to our inquiry on November 1, 2000.
Telemundo admits that Station WKAQ-TV broadcast the material at
issue and states that the transcripts and translations of the
programming are ``generally accurate.'' To complete the record,
Telemundo submits a more extensive transcript of the April 3,
2000, broadcast, which we rely upon.
Telemundo argues that none of the material at issue is actionably
indecent. Specifically, Telemundo asserts that ``[a]lthough the
Commission employs a national community standard to evaluate
whether material is so patently offensive to be considered
indecent, use of that standard simply is not appropriate in this
case.'' Telemundo response at 2. Telemundo asserts that Puerto
Rican audiences are ``far less self-conscious about sexual
matters and sexual programming'' and that, although the material
may be patently offensive under a national standard, it would not
be offensive to the average Puerto Rican viewer. Moreover,
Telemundo contends that some of the material at issue should not
be found patently offensive under any standard.
III. DISCUSSION
Section 503(b)(1) of the Communications Act of 1934, as amended
(the ``Act''), 47 U.S.C. § 503(b)(1), provides in pertinent part:
Any person who is determined by the Commission, in
accordance with
paragraph (3) or (4) of this subsection, to have ---
. . .
(D) 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.
Title 18, United States Code, Section 1464 provides criminal
penalties for anyone who ``utters any obscene, indecent or
profane language by means of radio communications.''
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 actionable, the material in question must not only meet the
standard referenced above but must also air after 6 a.m. and
before 10 p.m. See 47 C.F.R. § 73.3999. After carefully
considering the record before us, it appears that Telemundo
violated the statute and our indecency rule by airing the
material set forth in the attachment hereto. The material was
broadcast on Station WKAQ-TV on April 3 and 10, and May 29, 2000,
between 8:30 p.m. and 10:00 p.m.
As an initial matter, we reject Telemundo's argument that the
Commission should apply a different community standard when
evaluating material broadcast by stations located in Puerto Rico.
In applying the ``community standards for the broadcast medium''
criterion, the Commission has consistently stated that ``the
determination as to whether certain programming is patently
offensive is not a local one and does not encompass any
particular geographic area.'' WPBN/WTOM License Subsidiary,
Inc.((WPBN-TV and WTOM-TV), 15 FCC Rcd 1838, 1841 (2000). The
Commission's interpretation of the term ``contemporary community
standards'' flows from its analysis of the definition of that
term set forth in the Supreme Court's decision in Hamling v.
United States. Infinity Broadcasting Corporation of Pennsylvania
(WYSP(FM)), 3 FCC Rcd 930, 933 (1987) (subsequent history
omitted), citing Hamling v. United States, 418 U.S. 87 (1974),
reh'g denied, 419 U.S. 885 (1974). Consistent with Hamling, the
Commission concluded that its evaluation of allegedly indecent
material is ``based on a broader standard for broadcasting
generally.'' Infinity Broadcasting Corporation of Pennsylvania
(WYSP(FM)), 3 FCC Rcd at 933.1 Accordingly, in analyzing the
material at issue, we look to whether or not the material is
patently offensive according to a national community standard for
the broadcast industry.
The April 3, 2000, broadcast depicts a man and woman in a bathtub
filled with bubbles. Telemundo argues that the material did not
make any explicit reference to sexual or excretory organs or
activities. Telemundo asserts that at most the scene where the
woman disappears underwater and the man smiles contains sexual
innuendo and is not patently offensive under any community
standard. We disagree. Before the woman disappears underwater,
she is shown licking the man's chest and then winking as she says
that she is looking for her contact lens underwater. That,
coupled with the man's reaction as she goes underwater, renders
the material clearly sexual in nature. The Commission has stated
that although material may contain innuendo and double entendre
rather than more directly explicit sexual reference, it is still
indecent where the sexual meaning is unmistakable. The Rusk
Corporation (KLOL(FM)), 8 FCC Rcd 3228 (1993).
Telemundo concedes that the April 10, 2000, broadcast could be
considered indecent under U.S. mainland standards, but argues
that it is not indecent to a ``reasonable Puerto Rican viewer.''
As explained more fully above, we employ a national standard for
determining whether or not material is patently offensive. The
April 10 ``No te Duermas'' episode depicts a woman lecturing on
apparatus' which have ``helped women have a good time.'' As she
lectures, different phallic symbols and sexual devices are shown
and discussed, and then she is carried off by two male models.
Although the woman appears to be giving a serious lecture, her
comments on pleasuring women, coupled with the visual images and
the way she is carried off by two male models, demonstrate that
the material was intended to be pandering and titillating, not a
clinical discussion of sexual activities. We have previously
found similar material to be indecent. See Citicasters Co.
(KSJO(FM)), 15 FCC Rcd 19095 (EB 2000).
The May 29, 2000, episode of ``No te Duermas'' contains a series
of segments concerning a person identified as Ruben Berrios.2 At
the beginning of the series of segments, the actor is seen coming
out of a tent where he was with a female. He is seen zipping his
pants, and there is a discussion about how his pants are tight
and he was just ``eating.'' In the next scene, the actor talks
about ``plugging the hole,'' while pointing toward a female
companion. He then discusses the gay sailors that he is
``training,'' while making sexual gestures. Although some of his
language is beeped, he talks about being able to come and ``eat''
and ``opening them up like walnuts'' while pointing to a group of
gay sailors. In another scene, the actor is discussing a used
condom (which is shown) being the size of a horse. The last
scene depicts officers trying to arrest the actor while he makes
sexual gestures like holding his crotch and yells statements like
``your asshole is what I'm going to eat ...''
Telemundo asserts that some of the material in these segments
contains sexual innuendo which is fleeting and capable of more
than one meaning. Moreover, Telemundo argues that a ``reasonable
viewer in Puerto Rico watching the segments at real-time speed
for the first time could not have understood everything [the
actor] was saying given the use of bleeps and how quickly [he] as
speaking.'' Telemundo response at 4. Finally, Telemundo argues
that the segments contain sexual content that would not be
considered indecent by Puerto Rican viewers. Taken as a whole,
we find the series of segments regarding Ruben Berrios to be
indecent. The sexual meaning of the segments is unmistakable,
even where the import was by innuendo rather than direct sexual
references. This is true even though some of the words were
bleeped and arguably would not have been understandable to all
viewers. Moreover, although some of the segments may have been
short, this is not a case where there is a fleeting or passing
sexual reference. Rather, this episode contains a series of
segments with ongoing unmistakable sexual references.3
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.4 Based on the material before us, it appears
that Telemundo willfully and repeatedly violated 18 U.S.C. § 1464
and section 73.3999 of the Commission's rules, by airing indecent
programming on Station WKAQ-TV on April 3 and 10, and May 29,
2000.
The Commission's Forfeiture Policy Statement sets a base
forfeiture amount of $7,000 for transmission of indecent/obscene
materials.5 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 broadcast of indecent material on
three separate occasions.
IV. 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,6 that Telemundo of
Puerto Rico License Corp. is hereby NOTIFIED of its APPARENT
LIABILITY FOR FORFEITURE in the 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, Telemundo 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
above.
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, Revenue and Receivables Operations Group, 445 12th Street,
S.W., Washington, D.C. 20554.7
IT IS FURTHER ORDERED that a copy of this Notice shall be sent,
by Certified Mail/Return Receipt Requested, to Telemundo's
counsel, Kevin F. Reed, Esq., Dow, Lohnes & Albertson, PLLC, 1200
New Hampshire Ave., Suite 800, Washington, D.C. 20036-2222.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
Attachment
TELEVISION STATION: WKAQ-TV, SAN JUAN, PR
EB-00-IH-00140
Translation of Audio and Description of Video
(Parentheticals are descriptions of video or are comments
regarding translation.)
Date/Time Broadcast: May 29, 2000, between 8:30 p.m. to 10:00
p.m.
Material Broadcast: No te Duermas or Don't Fall Asleep (English)
TV personalities:
G: El Gangster/show host
R: Impersonator of Ruben Berrios
T1: Tabatha - woman on vertical bar
FV: Female voice
ST: Studio Tech
A: Agent arresting R
?: Not sure.
* * *
Announcer: Introduction of show host ``El Gangster'' studio
crowd cheering.
G: Welcome. Here, another week of ``No Te Duermas''.
(Standing next to nude statue and Taína)
* * *
Cut of segment/ Next scene of show host in front of
tent on beach.
G: OK, I thought Ruben had shaved.
FV: Please. (Female voice from inside tent.)
G: Ruben, please we are waiting for you here. At any
moment we'll have Ruben here with his statements which
(unintelligible) we want to hear his statements.
G: Ruben how are you?
R Wait a moment son, I was, I was eating there
(comes out of tent while pulling up pants and zipping
up) these pants are tight on me, wait.
G: OK, his pants are tight, he was eating, OK.
Cut/ Next scene Ruben, woman in bikini and
Gangster on/near fishing boat.
R: unintelligible
G: Excuse me Ruben. How are you?
R: You too?
G: Greetings. Listen you're here at the boat huh?
R: Yes son.
G: What's this for?
R: What's happening is I was plugging the hole, ah
huh. (R says this while pointing over his back.)
R: Don't go honey (while female companion leaves).
R: Boat. (Doesn't finish word while pointing to deck
then break in video)
R: Las (marinas or girls). I'm training them to
climb up every Puerto Rican's pipe. (While R is stating
this woman is doing acrobatics on vertical pipe.)
R: Look there. Refers to woman on pipe.
G: I'm seeing one that's doing incredible acrobatics
on the pipe.
R: Look, isn't that neat!
R: That's for...Look over there
R: You see all those over there?
G: Un huh.
R: Those are all sailors that I'm training, all of
them. I'm training them.
(In the Navy Song playing while sailors are
dancing.)
G: But excuse me Ruben. From here I can see that
those guys are kind of gay.
R: You've got that right. Be damned. All of them are
a bunch of BEEP (you can make out the start of the word
faggots before the beep sounds), gays.
R: Your right. But you know why I have them there?
G: For what?
R: I have them there so when they conduct those
movements and there's one when they move, like behind.
(Ruben gesticulating.) Puerto Ricans can come and eat
their BEEP (you can make out the start of the word
asses before the beep sounds) and they can open them up
like walnuts. So that they aren't BEEP BEEP. (Here
reading Ruben's lips you can fill in the two beeps as
maricones and puñetas, which mean faggots and
masturbating. However you can not use puñetas in its
literal translation hear. You would have to use terms
such as damn it or similar, so you end up with: So that
they aren't faggots damn it.)
G: Eh he. So definitely nobody is going to take you
off the island of Vieques.
R: Are you a BEEP ? (Here reading Ruben's lips you
can fill in the beep as pendejos again offensive and
meaning impotent. You would have to use a term such as
ass hole or similar, so you end up with: are you an
asshole?) How the hell are they going to take me off
the island after so long a time I've been here BEEP.
(Here reading Ruben's lips you can fill in the beep as
puñetas, which means masturbation. However you can not
use puñetas in its literal translation hear. You would
have to use terms such as damn it or similar, so you
end up with How the hell are they going to take me off
the island after so long a time I've been here damn
it.)
G: Well you've heard Ruben from Vieques.
(Next scene: Ruben on beach in presence of
agents/policemen. Ruben has an inflatable female
doll.)
G: Aha what's that? What's that? Ruben that doll?
R: No, No pardon me, pardon me. That's not mine.
That belongs to the girls, it seems to me, they are
decorating the tent. That's not mine. That's not mine.
G: Hell that seems to be of a horse, papa.
(Referencing used condom being displayed by one of the
agents)
R: That's not mine. That's not mine.
G: They are taking out from the tent, probably
belonging to the girls that stayed here, a small bottle
of rum for the cold nights I imagine. They also have
found condoms. They are searching the belongings, I
guess in search of weapons. But there are no weapons
here. The only thing you will find is peace. There are
no weapons. There are no weapons. What's this? ``Pica
Pica''? (Direct reference to magazine published years
ago called ``Pica Pica'' of soft porn theme.)
G: Where did you get that, papa? Those aren't
available anymore.
R: No. No. That's not mine. I'm telling you that
belongs to those girls.
R: Leave that alone. Leave that alone. (While agents
are going through personal stuff and swipes magazine
out of their hands.)
G: At precisely this moment the agents are searching
all belongings to see if there are any weapons. There
are no weapons. Its like we've always said peaceful.
Peacefully is how (interrupted by agent).
A: Excuse me Mr. Ruben. I have to read you your
rights. (No translation necessary for agent who is
speaking in English.)
A: You have the right to remain silent. (Speaking in
English.)
R: Is this Beep going to continue with these Beep,
Beep. (The first Beep you can hear first of a two-part
phrase: huele meaning to sniff, smell and bicho meaning
penis. Bicho has many meanings in Spanish, however in
PR the most common interpretation is penis. The second
Beep is for the word pendejases, which is a vulgar term
meaning impotent and used to describe things of
unimportance. The third Beep is for the word puñeta,
which is the vulgar term for male masturbation. So a
loose translation of the sentence would be similar to:
Is this cocksucker going to continue with the
stupidity, damn it? It is very simple to make out what
he is saying because the beeps do not delete the words
completely and or in combination with his lip movements
you can make out the words.)
A: What did he say?
R: Beep I don't understand. (Beep is for carajo,
which is hell.)
R: Here you speak Spanish Beep (Beep is for puñeta,
translated as before into damn it.) What the hell? (The
next phrases are pronounced in English by R.) You
mother fucker, you son Beep...fucker (joder in
Spanish), (in English again) this is my...
unintelligible (while at the same time holding his
crotch in a provocative manner.)
A: I don't know Spanish. (Speaking in English.)
A: I will continue to read you your rights. (Speaking
in English.)
A: You have a right to get a lawyer. (Speaking in
English.)
A: Do you understand me? (Speaking in English.)
A: Your asshole is what I'm going to eat you Beep
Beep. You think you are going to take me off this
island. I'm in charge here. I'm in charge here. (First
Beep is cabron, meaning your wife is unfaithful.
Second Beep is maricon, which means faggot. It is very
simple to make out what he is saying because the beeps
do not delete the words completely and or in
combination with his lip movements you make out the
words.)
A: Alright guys lets arrest him. (Speaking in
English.)
R: Eh he he
R: One moment, one moment
G: One moment please one moment please. (Speaking in
English)
A: One moment. (Speaking in English.)
G: One moment. (Speaking in English)
R: I ask all of you as a Puerto Rican and as a human
being. I have the right to be granted a last wish.
G: That's the way it is. That's the way it is because
even those who are about to die by firing squad have
the right to a last (wish).
R: That's the way it is.
R: I'm telling all of you that we have triumphed
(interrupted by G)
G: The I.V. Ruben. The I.V. (as the stick on which
the IV is hung almost gets into R's mouth)
R: Your going to stick that in my mouth you Beep
(Beep is for maricon or faggot.) (Unintelligible)
G: Let's get it out of the way. Let's get it out over
there.
R: I've told you that that Puerto Rico has defended
its interests and today we are enjoying this triumph.
And as a Puerto Rican's we are enjoying this great
triumph. I also want to add that all of you are a
bunch of Beep (cabrones, those to whom their wives are
unfaithful), Beep (hijos de puta, sons of
bitches/whores), Beep Beep (me maman el bicho, you suck
my dick). (It is very simple to make out what he is
saying because the beeps do not delete the words
completely or do not fall exactly in place and or in
combination with his lip movements you can make out the
words.)
G: One moment, One moment, One moment, One moment,
One moment, One moment, One moment, Eh Ruben (as G
interrupts R's diatribe of insults).
G: ts been said that the arrest were to occur
peacefully and I think up to the moment we have shown
these people what it is to be a good Puerto Rican, what
it is to defend the homeland with pride and honesty. I
think that at this moment the best slap in the face is
the one that goes without being given. And as someone
said, put on your best face in face of the challenge of
the coming storm ahead. I think we should teach them
(whispering into R's ear).
R: heh heh (chuckling)
R: Hear me son, I'm going to congratulate you (while
shaking hands with G)
G: Thanks a lot.
R: It's true that I called you Beep (pendejo,
impotent) Beep (mama bicho, cocksucker), but you've
amazed me, really with your idea. Let's show all of
these people here our best face. Our best face for all
of these Beep (cabrones, those to whom their wives are
unfaithful), hijos de puta, sons of bitches/whores (no
beep is used here) is this one.
A: Alright guys that's enough, that's enough.
(Speaking in English.)
G: This is the best face we have, look. (G and R
unbuckle their shorts and moon the agents - video
pixelated to obscure buttocks.)
A: All right let's arrest these guys. (Speaking in
English.)
R?: Mother fucker. (Speaking in English.)
A: A, A
Beep, Beep, Beep
? You piece of (not finished)
R: You pieces of Beep (cabrones, those to whom their
wives are unfaithful).
G: Peace for Vieques, Peace for Vieques, Peace for
Vieques
R: (Unintelligible) What the hell? Beep Beep I'm
Puerto Rican hell unintelligible and I deserve respect
Beep (Beep is for puñeta, which is the vulgar term for
masturbation. However you can not use puñetas in its
literal translation hear. You would have to use terms
such as damn it or similar. So it would be loosely
translated as I deserve respect damn it.)
Date/Time Broadcast: April 3, 2000, between 8:30 p.m. and 10
p.m.
Material Broadcast: No te Duermas
Cut to video of man and woman in a bathtub.
Cut back to video of man and woman in bathtub. Woman is licking
man and then submerges in the water; the man smiles.
She: The amazing, Marcelo Molina, Oh honey. May I call you
Honey?
He: You may call me whatever you want.
She: He's an actor, model and performer. Tell me, what
brings you to the Island?
He: I am presenting my first record to this wonderful Island,
and I think I am not leaving again.
She: Oh my God!, he's staying with us girls.
He: How can I leave!
She Do you imagine this man
A BLACK SPOT
She: But,...does he taste as good as he looks? (talking to the
camera)
She: (Asking him) May I try you?
He: You may try, Yes
She: I can try him (Running her tongue over his chest) Damn!,
and he tastes good!
She: (talking to him) Oh my God! You look so nice that your
looks hurt my eyes, they hurt me
She: Oh, Oh how stupid, look!, look what I did, I lost one
of my contact lens. Look for it here, here (she points
down)
Oh my God, I have lost one of my lens girls (talking to the
camera and blinking an eye)
She: I'll see you later with Gangster at the studio. I'll be
looking for my lens (she dives into the water)
He: No, No! Tell me when you find it, Yesss...(He leans his
head backward and smiles)
* * *
Date/Time Broadcast: April 10, 2000, between 8:30 p.m. and 10
p.m.
Material Broadcast: No te Duermas
TV personalities:
G: Gangster/show host
FN: Female narrator dressed in red
G: Now we are going to see something very interesting for our
female friends. Check this out.
(Next scene woman (dressed in red) who appears to be giving
a lecture.)
FN: From the beginning of humankind women have had to use their
ingenuity to obtain for themselves what men very frequently
have not been able to do correctly.
(Narrating over art works of four different pictures: 1)
nude frontal sketch of man with club; 2) woman carrying an
oversized penis; 3) woman riding a man; 4) oriental woman
fertilizing what appear to be four penis growing out of the
ground.)
FN: Museum's are full of these precious apparatus which today
are looked upon as works of art and which in times past
helped women have a good time more than once.
(Now narrator is standing next to totem in Old San Juan and
continues...)
FN: Some in their fantasies construct them of monumental size
(referring to size of totem) because the imagination has no
limits. But if any of you want to tell me that that (totem),
as hard as a rock and always looking to the sky, is not a
fantasy that we (women) have always dreamt about...Send me
an email please.
FN: Since women in the past did not always have at hand these
artifacts which were expensive and difficult to find, nature
always generous, provided them (women in the past) with the
means with which to console themselves. (Pictures of roots
and vegetables pass by)
FN: Now a days things are easier. Specialized stores carry a
large stock of these apparatus (while holding vibrator in
hand) which as long as they have batteries, don't get tired
and what is even better don't go out with the boys on social
Friday nights. Our culture is rich (pictures of Taíno Indian
artifacts pass by) in objects which provided so much
happiness to our ancestors of past (scene of female Taíno
Indians carrying corn walking through cornfield).
Next scene narrator is standing between to two male models
and she continues...
FN: Apart from everything I prefer these models, which although
they need more maintenance and they have parts that don't
work (She points to her head). They can also take you to the
movies, dinner, send you flowers, and if you're lucky they
can also tell you a good joke. Right boys? (Models carry her
away)
_________________________
1 The fact that the material ``appeals to Puerto Rican viewers,''
as Telemundo argues, is irrelevant to a determination of whether
material is indecent. The ``relevant test is not the popularity
of the speakers or the event but whether the material broadcast
is patently offensive as measured by contemporary community
standards for the broadcast medium.'' Infinity Radio License,
Inc. (WLLD(FM)), DA 01-537 (EB, released March 2, 2001), citing
The Rusk Corporation (KLOL(FM)) 8 FCC Rcd 3228 (1993). Moreover,
Telemundo's argument in this regard is called into question by a
petition filed with the Commission, dated December 12, 2000,
which is apparently signed by approximately 200 Puerto Rican
residents who believe the material at issue to be indecent.
2 There were other short vignettes which separated the Ruben
Berrios segments during this episode. Two of those vignettes
were included in our letter of inquiry. Our primary concern with
this episode were the Ruben Berrios segments and not these other
two brief vignettes. Accordingly, those short segments are not
included as part of this action.
3 Cf. L.M. Communications of South Carolina, Inc. (WYBB(FM)), 7
FCC Rcd 1595 (MMB 1992) (``broadcast contained only a fleeting
and isolated utterance ... which does not warrant a Commission
sanction'').
4 See Southern California Broadcasting Co., 6 FCC Rcd 4387
(1991).
5 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).
6 47 C.F.R. §§ 0.111, 0.311 and 1.80.
7 See 47 C.F.R. § 1.1914.