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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


Adopted:  March 29, 2001                     Released:  March 30, 

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 

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, 

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 

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. 


                         David H. Solomon
                         Chief, Enforcement Bureau




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 

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 

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 

G:             Well you've heard Ruben from Vieques.

               (Next scene: Ruben on beach in presence of 
          agents/policemen.  Ruben has an inflatable female 

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 

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 

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 

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 

A:             Alright guys lets arrest him. (Speaking in 

R:             Eh he he

R:             One moment, one moment

G:             One moment please one moment please. (Speaking in 

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 

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 

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 

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 

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 
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 

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


She: But,...does he taste as good as he looks? (talking to the 

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 
     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 
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 

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 

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 

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 

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

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. § 

6 47 C.F.R. §§ 0.111, 0.311 and 1.80.

7 See 47 C.F.R. § 1.1914.