Click here for Adobe Acrobat version
Click here for Microsoft Word version

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                Federal Communications Commission
                      Washington, DC 20554


In the Matter of                 )
                                )
                                )
AMFM RADIO LICENSES, LLC         )    File Nos. EB-02-IH-0472
                                )                    EB-02-IH-
                                )    0494
Licensee of Station WWDC-FM      )    NAL/Acct. No.200432080003
Washington, DC                   )    FRN 0003720935
                                )    Facility ID No. 8682



           NOTICE OF APPARENT LIABILITY FOR FORFEITURE

   Adopted:  September 30, 2003         Released:  October 2, 
2003

By the Commission:  Commissioner Martin concurring and issuing  a 
separate statement;  Commissioner  Adelstein issuing  a  separate 
statement; Commissioner Copps dissenting  and issuing a  separate 
statement.


                        I.   INTRODUCTION

1.        In this  Notice of  Apparent Liability  for  Forfeiture 
(``NAL''), issued pursuant to  section 503 of the  Communications 
Act of 1934,  as amended (the  ``Act'') and section  1.80 of  the 
Commission's rules,1 we grant complaints from Reverend Michael G. 
Taylor and  from Catherine  P. Henry2  and find  that AMFM  Radio 
Licenses,  LLC   (``AMFM''),   licensee   of   Station   WWDC-FM, 
Washington, DC,  apparently  violated 18  U.S.C.  § 1464  and  47 
C.F.R. §  73.3999, by  willfully and  repeatedly airing  indecent 
material  over  the  station  during  its  May  7  and  8,  2002, 
broadcasts of the ``Elliott in the Morning'' program.  Based upon 
our review  of  the facts  and  circumstances in  this  case,  we 
conclude that AMFM is apparently liable for a monetary forfeiture 
in the amount of Fifty-Five Thousand Dollars ($55,000.00).

                         II.  BACKGROUND

2.        The Commission received complaints that Station WWDC-FM 
broadcast indecent material  on May 7  and 8, 2002,  at or  about 
8:00 a.m.  during the  ``Elliot in  the Morning''  program.   The 
complaints seek Commission  redress for  the broadcasts'  alleged 
use  of  ``crude  language,  explicit  sexual  references''   and 
``blatant attempt to  mock'' the Bishop  Denis J. O'Connell  High 
School (``Bishop O'Connell  High School'') community,  generally, 
and the Bishop O'Connell High School students, administration and 
principal, particularly.3  In support of his complaint,  Reverend 
Taylor submitted an audio tape of both broadcasts.4 

3.        The portion of the May 7 broadcast in question involved 
a station-sponsored promotion, during  which two female  students 
called in for the opportunity to  audition to dance in a cage  at 
an upcoming rock music concert.5  At the prompting of the program 
hosts, the  two  callers  identified themselves  as  students  at 
Bishop O'Connell High School, described their physical attributes 
in terms  of ``both  [being] pretty  hot,''6 provided  their  bra 
sizes,7 and otherwise engaged in  sexual banter with the  program 
hosts.8  The program hosts continued  to probe by asking the  two 
female students  leading questions,  such  as whether  they  were 
``kind of  like an  exhibitionist,''9  ``flash[ed] from  time  to 
time,'' did  occasional ``little  show[s] at  parties''  together 
with their ``boobies out,''10 ``at school lined like two or three 
guys up against the lockers,''11 and had sexual encounters in the 
school's stairwells and closets.12   The program hosts also asked 
the two female students  whether they had  ``ever hooked up''  or 
``made out with  a teacher.''13 During  their interview with  the 
two female students, the program hosts repeatedly returned to the 
subject of their ``lining up'' boys ``against their  lockers,''14 
and interjected loud sucking and slurping sounds.15 

4.        The portion of the May 8 broadcast in question  related 
to the two female students' suspension from Bishop O'Connell High 
School, the  consequence  of their  interview  during the  May  7 
broadcast.  The program hosts continued their repeated references 
to oral  sex during  this broadcast,  commencing the  segment  by 
reading from the Bishop O'Connell High School's website's  stated 
school mission of ``pursuit of  excellence of the whole  person'' 
and  interjecting,  ``and  then  you  go  down.''16   Noting  the 
website's stated  objective of  ``a healthy  lifestyle'' for  the 
school's students, speaking  as if  his mouth was  full and  with 
loud sucking and slurping sounds  in the background, one  program 
host made reference to ``healthful protein.''17 The program hosts 
also criticized the  girls' suspension from  school by  remarking 
that ``if they're blowing  guys at the  school, that's not  their 
fault . . . the school needs  to do a better job policing,''  and 
``some of  the  priests  would  ask  if  they  had  brothers.''18  
Referring to the  high school  administration's apparent  concern 
about the school's reputation,  the program hosts further  stated 
that ``people spend a lot of money to get that [Bishop  O'Connell 
High School's] image,'' and ``people spend  a lot of money to  go 
to college [and] it ain't  like people ain't screwing  there.''19   
The program  hosts  also took  calls  from several  other  Bishop 
O'Connell High School  students, asking  one male  student if  he 
``was one of the guys that  [the two female callers] blew in  the 
hallways,''20 and another if he ``ever had [his] back up  against 
a locker.''21   Finally,  the  program hosts  asked  one  student 
caller if, after the May  7 broadcast, the Bishop O'Connell  High 
School principal ``actually g[o]t on the P.A. system and talk[ed] 
about how  they  [the two  female  caller students]  were  giving 
blowjobs in the hallway,'' speculated that the principal probably 
had ``never gotten a blowjob from his wife,'' and said that  they 
``hear [the principal] told [one  of the female caller  students] 
she's gotta  give up semen for Lent.'' 22  

5.        After reviewing the complaints and the audio tape,  the 
staff issued a letter of inquiry to AMFM, with which we  enclosed 
a  copy  of  the  tape.23   Clear  Channel  Communications,  Inc. 
(``Clear Channel''), corporate parent  of AMFM, responded to  the 
letter of inquiry.24  Clear Channel did not dispute that  WWDC-FM 
had broadcast the material  contained in the  tape, at the  dates 
and times set forth in the complaints, but claimed that,  because 
the tape  appeared  to contain  some  omissions, it  was  not  an 
accurate record  of the  entire broadcasts.   Clear Channel  also 
asserted that the material is  not actionably indecent under  the 
Commission's established  policies.   In response  to  a  further 
letter of  inquiry,25 Clear  Channel advised  that it  aired  the 
material in question only on WWDC-FM.26

                      III.      DISCUSSION

6.        The Federal Communications Commission is authorized  to 
license  radio   and  television   broadcast  stations   and   is 
responsible for enforcing the  Commission's rules and  applicable 
statutory provisions concerning the operation of those  stations.  
The Commission's  role  in  overseeing program  content  is  very 
limited.  The First Amendment  to the United States  Constitution 
and  section  326  of  the   Act  prohibit  the  Commission  from 
censoring   program   material   and   from   interfering    with 
broadcasters' freedom  of  expression.27   The  Commission  does, 
however, have the authority  to enforce statutory and  regulatory 
provisions restricting indecency.  Title 18 of the United  States 
Code, Section  1464 prohibits  the  utterance of  ``any  obscene, 
indecent or profane language by means of radio communication.''28  
In addition, section 73.3999  of the Commission's rules  provides 
that radio and television  stations shall not broadcast  indecent 
material during the period 6 a.m. through 10 p.m.  

7.        Under section 503(b)(1) of the  Act, any person who  is 
determined by  the Commission  to  have willfully  or  repeatedly 
failed to  comply with  any provision  of the  Act or  any  rule, 
regulation, or order issued by the Commission shall be liable  to 
the United States for a monetary forfeiture penalty.29  In  order 
to impose such a forfeiture penalty, the Commission must issue  a 
notice of apparent  liability, the notice  must be received,  and 
the person against whom the notice  has been issued must have  an 
opportunity to show, in writing,  why no such forfeiture  penalty 
should be imposed.30  The Commission will then issue a forfeiture 
if it finds by  a preponderance of the  evidence that the  person 
has violated the Act or a Commission rule.31  As we set forth  in 
greater detail below, we conclude  under this standard that  AMFM 
is apparently liable  for a forfeiture  for its apparent  willful 
and repeated violations of 18  U.S.C. § 1464 and section  73.3999 
of the Commission's rules.

              A.    Indecency Analysis       

8.        Any  consideration   of   government   action   against 
allegedly indecent programming  must take into  account the  fact 
that such speech is  protected under the  First Amendment to  the 
United States Constitution.  The federal courts consistently have 
upheld Congress's authority to regulate the broadcast of indecent 
speech,   as   well    the   Commission's   interpretation    and 
implementation of  the  governing statute.32   Nevertheless,  the 
First Amendment  is  a critical  constitutional  limitation  that 
demands that, in indecency determinations, we proceed  cautiously 
and with appropriate restraint.33  

9.        The Commission  defines  indecent  speech  as  language 
that, in  context,  depicts  or  describes  sexual  or  excretory 
activities or organs in terms  patently offensive as measured  by 
contemporary community standards for the broadcast medium.34  

     Indecency findings  involve  at least  two  fundamental 
     determinations.  First,  the  material  alleged  to  be 
     indecent must fall within  the subject matter scope  of 
     our indecency  definition¾that  is, the  material  must 
     describe  or  depict  sexual  or  excretory  organs  or 
     activities.  .  .  .  Second,  the  broadcast  must  be 
     patently  offensive   as   measured   by   contemporary 
     community standards for the broadcast medium.35

As an  initial matter,  Clear Channel  does not  dispute that  it 
aired  material  describing   or  depicting  sexual   activities.  
Although, in its  response to the  staff's inquiry letter,  Clear 
Channel maintains  that, because  the tape  ``has obviously  been 
heavily edited,'' it ``is not  a complete and accurate record  of 
the entire broadcast  on the dates  in question,'' Clear  Channel 
does not dispute that it did, in fact, broadcast the material  on 
the tape, conceding that  ``the tape contains material  broadcast 
by WWDC-FM, on or about May 7 or 8, 2002.''36 The principal focus 
of the program segments was the sexual practices of the two May 7 
student callers and  of other students  at Bishop O'Connell  High 
School.  That material, therefore,  warrants further scrutiny  to 
determine whether or not it was patently offensive as measured by 
contemporary community standards for the broadcast medium.37     

10.       In our  assessment  of whether  broadcast  material  is 
patently offensive,  ``the full  context  in which  the  material 
appeared is critically important.''38 Three principal factors are 
significant to this contextual analysis: (1) the explicitness  or 
graphic nature  of  the  description; (2)  whether  the  material 
dwells  on  or  repeats  at  length  descriptions  of  sexual  or 
excretory organs  or activities;  and  (3) whether  the  material 
appears to  pander  or  is  used to  titillate  or  shock.39   In 
examining these three factors, we must weigh and balance them  to 
determine whether the  broadcast material  is patently  offensive 
because ``[e]ach indecency case  presents its own particular  mix 
of these, and possibly, other factors.''40  In particular  cases,  
one or  two  of  the  factors may  outweigh  the  others,  either 
rendering  the   broadcast   material  patently   offensive   and 
consequently  indecent,41   or,   alternatively,   removing   the 
broadcast material from the realm  of indecency.42   We turn  now 
to our analysis of the three principal factors in our decision.

11.       First, the comments  made by the  program hosts  during 
the broadcasts  contained  graphic  and  explicit  references  to 
sexual  activities,  including  repeated  references  to   ``blow 
jobs.''43  In addition to  these  references and consistent  with 
that tone,  the hosts  both simulated  the act  of oral  sex,  by 
repeatedly making loud  sucking and slurping  sounds, and  relied 
upon colloquial terms, by repeatedly referring to locker line-ups 
and interjecting remarks such as ``giv[ing] up semen for  Lent,'' 
``go[ing] down,'' and taking in ``healthful protein.''44  To  the 
extent that  the  sound  effects or  colloquial  terms  that  the 
program  hosts  used  to  describe  sexual  activities  could  be 
described as innuendo rather than as direct references, they  are 
nonetheless sufficient to render the material actionably indecent 
because  the  sexual  import  of  those  sounds  and  terms   was 
``unmistakable.''45   Given  the  explicit  references  and   the 
graphic manner in which  the broadcasts described the  activities 
of the Bishop O'Connell  High School students,  there is no  non-
sexual meaning that a listener could possibly have attributed  to 
these terms.46   Therefore, we find that the broadcasts at  issue 
described sexual activities through the use of direct references, 
simulation, and/or innuendo  that were  sufficiently explicit  or 
graphic  to  be   deemed  patently  offensive   as  measured   by 
contemporary community standards for the broadcast medium. 

12.       Second, the program  hosts, in  their dialogue  between 
each other and with callers,  continuously focused on the  sexual 
activities of the two initial  female callers and other  students 
at Bishop  O'Connell  High  School.  The  sexual  discussion  and 
references were not  fleeting or  isolated.  Rather,  discussions 
about and references  to sexual activity  pervaded, and were  the 
subject of, both the  May 7 and 8  broadcasts.  Thus, the  sexual 
discussions and references  were more  than sufficiently  dwelled 
upon and repeated  to constitute patently  offensive material  as 
measured by contemporary standards.

13.       Finally,  and  perhaps   most  significantly,   several 
characteristics of the manner in which the station presented this 
material establish that AMFM intended that both broadcasts pander 
and shock listeners.   As an initial  matter, the program  hosts' 
continued and repeated  references to the  Bishop O'Connell  High 
School  students'  sexual  activities  and  comments  about   the 
school's administrators and their sexual practices clearly evince 
such an intent with regard to the listening audience. During  the 
May 7 broadcast, the program hosts geared their questions to  the 
two female  student  callers  to  elicit  information  from  them 
regarding their sexual practices, focusing  on the topic of  oral 
sex in the hallways of the school.47  On May 8, they turned their 
attention to seeking similar information from their other student 
callers because  the girls,  in response  to the  program  hosts' 
encouragement, claimed  they  had  performed oral  sex  on  other 
students at the school.  The program hosts were not chastened  by 
the notoriety  with  young listeners  that  the May  7  broadcast 
engendered; rather, they continued their pandering in  interviews 
with other student callers and  continued their efforts to  shock 
listeners by focusing on sexual  activities in a school  setting.  
Both broadcasts occurred  at or about  8 a.m., when  there was  a 
reasonable risk that children would be in the audience, on  their 
way to  or getting  ready for  school. Indeed,  in light  of  the 
number of  student  callers to  the  programs, that  risk  became 
reality.  The WWDC-FM broadcasts targeted the very segment of the 
population - - children, including teenagers under the age of  18 
-- whom the government has  a recognized and compelling  interest 
to shield from indecent  material.48  By goading these  teenagers 
to discuss their sexual activities in a titillating and offensive 
manner, the  program  hosts  set  out  to  pander  and  to  shock 
listeners.  In  this  regard,  the program  hosts'  use  of  loud 
sucking  and  slurping   sounds  when  referring   to  oral   sex 
demonstrates that, in context, this program was not simply a non-
pandering discussion of contemporary high school sexual behavior.  
For these reasons, we find that  the May 7 and 8 broadcasts  were 
patently  offensive   as  measured   by  contemporary   community 
standards for the broadcast medium.

14.       Clear Channel's  claims notwithstanding,  the  material 
presented in  the May  7 and  8 broadcasts  is similar  to  other 
material concerning  sexual activities  involving teenagers  that 
the Bureau has found to be apparently indecent.49  

  In sum,  by broadcasting this  material on May  7 and 8,  2002, 
  within  the 6  a.m.  to 10  p.m.  time period  relevant  to  an 
  indecency   determination   under  section   73.3999   of   the 
  Commission's rules, AMFM  apparently violated 18 U.S.C. §  1464 
  and the Commission's rules against broadcast indecency.

                B.  Proposed Forfeiture

50``''51Based upon  our review  of the  record in  this case,  we 
conclude that AMFM is apparently  liable for forfeitures for  two 
willful and repeated violations of our rules, one for each of the 
broadcasts at  issue here.   The Commission's  Forfeiture  Policy 
Statement  sets  a  base  forfeiture  amount  of  $7,000.00   for 
transmission of  indecent  materials.52   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.''53   In this  case, 
taking all of these factors into consideration, we find that AMFM 
is apparently liable for  a forfeiture of $55,000.00,  reflecting 
the proposed imposition of the maximum forfeiture amount for  the 
broadcast  of  apparently  indecent  material  on  two   separate 
occasions (2 x $27,500.00).  Based upon our review of the  entire 
record, we believe that this  upward adjustment to the  statutory 
maximum is warranted.  The  continued and repeated references  to 
sexual activities of  the Bishop O'Connell  High School  students 
and administrators were calculated to engender notoriety and were 
targeted toward children,  including teenagers under  the age  of 
18.  Moreover, the material broadcast on two consecutive days was 
extensive.  Accordingly, we believe  the egregious nature of  the 
violations and the degree of culpability justifies an increase to 
the full  amount.  Additionally,  there is  a recent  history  of 
indecent broadcasts  on  stations  controlled  by  Clear  Channel 
Communications, Inc.,  AMFM's corporate  parent, which  justifies 
imposition of the maximum forfeiture amount.54  We reiterate  our 
recent  statement  that  multiple   serious  violations  of   our 
indecency  rule  by  broadcasters   may  well  lead  to   license 
revocation proceedings.55   

  

                      IV.  ORDERING CLAUSES

15.       ACCORDINGLY, IT IS ORDERED, pursuant to section  503(b) 
of the Communications Act of  1934, as amended, and section  1.80 
of the  Commission's  rules, that  AMFM  Radio Licenses,  LLC  is 
hereby NOTIFIED of its APPARENT  LIABILITY FOR FORFEITURE in  the 
amount of Fifty-Five Thousand Dollars ($55,000.00) for  willfully 
and repeatedly  violating 18  U.S.C. §  1464 and  73.3999 of  the 
Commission's rules.

16.        IT IS FURTHER ORDERED, pursuant to section 1.80 of the 
Commission's rules, that within thirty (30) days of this  Notice, 
AMFM Radio  Licenses,  LLC  SHALL  PAY the  full  amount  of  the 
proposed forfeiture  or SHALL  FILE a  written statement  seeking 
reduction or cancellation of the proposed forfeiture.  

17.       Payment of  the forfeiture  may be  made by  mailing  a 
check or similar instrument, payable to the order of the  Federal 
Communications  Commission,  to  Forfeiture  Collection  Section, 
Finance  Branch,  Federal  Communications  Commission,  P.O.  Box 
73482, Chicago, Illinois  60673-7482.  The  payment must  include 
the FCC Registration Number (FRN) referenced above and also  must 
note the NAL/Acct. Number referenced above.  

18.       The response, if any, must be mailed to Maureen F.  Del 
Duca, Chief,  Investigations and  Hearings Division,  Enforcement 
Bureau, Federal Communications Commission,  445 12th Street,  SW, 
Room  3-B443,  Washington,  D.C.  20554  and  MUST  INCLUDE   THE 
NAL/Acct. Number referenced above. 

19.       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.

20.       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, SW, Washington, DC 20554.56

21.       Under the Small Business Paperwork Relief Act of  2002, 
Pub L. No.  107-198, 116 Stat.  729 (June 28,  2002), the FCC  is 
engaged in  a two-year  tracking process  regarding the  size  of 
entities involved in forfeitures.  If  AMFM qualifies as a  small 
entity and  if it  wishes to  be treated  as a  small entity  for 
tracking purposes, please  so certify  to us  within thirty  (30) 
days of this  NAL, either  in its  response to  the NAL  or in  a 
separate filing to  be sent  to the  Investigations and  Hearings 
Division.   Its  certification  should  indicate  whether   AMFM, 
including its parent  entity and its  subsidiaries, meets one  of 
the definitions  set forth  in  the list  provided by  the  FCC's 
Office of  Communications Business  Opportunities (``OCBO'')  set 
forth in Attachment B of this Notice of Apparent Liability.  This 
information will  be used  for  tracking purposes  only.   AMFM's 
response or  failure to  respond to  this question  will have  no 
effect on  its rights  and responsibilities  pursuant to  section 
503(b)  of  the  Communications  Act.   If  AMFM  has   questions 
regarding any of  the information contained  in Attachment B,  it 
should contact OCBO at (202) 418-0990. 

22.       Accordingly, IT IS ORDERED,  that the complaints  filed 
against Station  WWDC-FM's  broadcast  of the  ``Elliott  in  the 
Morning'' program on  May 7  and 8,  2002, ARE  GRANTED, and  the 
complaint proceeding IS HEREBY TERMINATED.57

23.       IT IS FURTHER  ORDERED that  a copy of  this Notice  of 
Apparent Liability  For Forfeiture  shall be  sent, by  Certified 
Mail Return  Receipt  Requested,  to AMFM  Radio  Licenses,  LLC, 
Kenneth  E.  Wyker,  Esq.,  Senior  Vice  President  and  General 
Counsel, Clear Channel Communications,  Inc., 200 E. Basse  Road, 
San Antonio, Texas 78209; to counsel for AMFM, Evan S.  Henschel, 
Esq., Wiley, Rein & Fielding, LLP, 1776 K Street, NW, Washington, 
D.C. 20006; to Reverend  Michael G. Taylor;  and to Catherine  P. 
Henry.  

                         FEDERAL COMMUNICATIONS COMMISSION


     
                         Marlene H. Dortch
                         Secretary


  
                          ATTACHMENT A

                       Program Transcript 

Radio Station:           WWDC-FM, Washington, DC
Dates/Time of Broadcasts:     May  7,  2002  and  May  8,   2002, 
between 6 a.m. and 10 p.m.
Material Broadcast:      The Elliot in the Morning Show

May 7, 2002

E:   Elliot 
D:   Diane
2M:  Dan 
FC1: First Female Student Caller
FC2: Second Female Student Caller
F:   Flounder

E:   Hi.  DC101.

FC1: Hi.

E:   Who is this?

FC1: It's [first female student caller].

E:   Hi [first female student caller].  How are you?

FC1: I'm good.  How are you?

E:   I'm doing well.  You sound very chipper today, [first female 
student caller].

FC1: I'm in a good mood.

E:   Yeah, how old are you?

FC1: I'm 18.  

E:   Mmm.  I like that. I think you're our first 18 year-old.

FC1: [Giggling]   I have been listening all morning, so.

D:   You'd be the youngest.

E:   You get the advantage going in.

FC1: Yes, I'm the youngest.

E:   Right, and  ah,  where do  you  live [first  female  student 
caller]?

FC1: Alexandria.

E:   Are you in school?

FC1: Ah, I should be in school  right now, but I've been  waiting 
to talk to you guys.

E:   High school?

FC1: Yeah.

E:   Oh, God bless.

D:   Where?

FC1: Ah, Bishop O'Connell.

E:   ExcelLent.

D:   Oh, private school girl.

E:   Any prom dates?  [Laughter from E]

FC1: Ah, no [unintelligible] prom already.

E:   As if the Catholic Church doesn't have enough problems right 
now. 

FC1: That's true.

E:   Alright.  So,  [first  female  student  caller]  are  you  a 
senior?

FC1: Yeah.

E:   Ah, do  ah do  ah  everybody there  at  school find  uh  you 
irresistibly hot?

FC1: Ah, I'd like to say so.

E:   Yeah.  You a popular girl at school?

FC1: Uh, decently popular.

2M:  Now are you going to Ivy League next year?

FC1: No.

E:   [Laughter from  2M] Who  cares?   Are you  kind of  like  an 
exhibitionist?

FC1: Yeah.  Some people say so. 

E:   And you want to flash from time to time?

FC1: I've been known to do that.

E:   Yes, of course you have.  I gotta ask you what size bra?

FC1: Ummm, 34-C.

E:   Really?

FC1: Yeah.

E:   For a senior, that's excelLent.  [Laughter from FC1]

D:   For a senior.

E:   That's good.  Ahhh alright.

2M:  How well do you know the football team?  [Laughter from D]

FC1: Pretty well.

2M:  Awesome.

E:   You've never lined like four or five guys up against lockers 
have you?

FC1: Not four or five.

E:   One or two?

FC1: Two or three.  [Laughter from E, D and 2M]

E:   Really?

D:   I think Dan just won the  lottery.  [Laughter from E, D  and 
2M]

E:   So Dan's quitting his job.  [Laughter from E, D and 2M]

SM:  That's the Powerball right there.

E:   So wait a  minute.  So at  school you've lined  like two  or 
three guys up against the lockers  and like  ahhh.  [Loud sucking 
sounds from E]

FC1: [Laughter ] Ahhh.  Like yeah.

E:   Really?

FC1: Yeah.  I'm  here  with  my  friend  [second  female  student 
caller].  She wants to dance too.

E:   I'll get  to [second  female student  caller] in  a  moment.  
[Laughter from E, D and 2M]  Really.

FC1: Yeah.  We want to dance with you.

E:   Oh, uh not a problem honey.

     [Break in the audio-tape]

FC1: Um, probably about 8 or 9.

E:   Hm.  Hm.   Hm.   Hm.   Alright.   And you  can  be  here  on 
Thursday.    Well, what about school    on Thursday? 

D:   Yeah. 

FC1: Ah, well.  I don't go to school quite as often as I  should.  
[Laughter from E, D and 2M]

D:   Quite as often as you should.

E:   Hey, do you know my next door neighbor?  [Laughter from E, D 
and 2M]

D:   Well, [first female student caller] you're already  accepted 
to the college of your choice right?

FC1: Yes I am.  [Laughter from E]

D:   Where you gonna go?

FC1: I'm gonna go to VCU.

D:   VCU.

E:   Very good.

2M:  So that's okay, but not the Ivy League question.

E:   Yeah.  No, VCU's fine. No, that's good.

D:   She's an artist.

E:   You should check out Radford.  [Laughter from E]

2M:  She could get all A's there.  [Laughter from E]

E:   Alright.  Very good,  [first female  student caller].   Yes, 
     you hold  on  one  second  and  Flounder's  gonna  get  some 
     information from you, okay?

FC1: Okay, no problem.

E:   Alright.  Very good.  Hold on one second.

2M:  What about her friend?  Did you talk to her friend?

D:   [Second female student caller].

E:   Oh, you know what put [second female student caller] on real 
quick.

FC1: Okay, here.  Just a sec.

FC2: Hello

E:   Hi [second female student caller].

FC2: Hi. How are you?

E:   I'm well.  Thank  you.  [Second female  student caller]  are 
you also 18?

FC2: Yes, I am.

E:   And you also go to Bishop O'Connell?

FC2: Yes, I do.

E:   Uh-huh.  Let  me ask  you, you  better looking  than  [first 
female student caller]?

FC2: Um, I don't know.  I think we're both pretty hot.

E:   Right.

E:   Have you two ever hooked up?

FC2: No, but we've been  known to do our  little show at  parties 
and what not.

E:   Uh, what do you mean your little show?

FC2: Like we dance together, you know?

D:   Yeah.

2M:  Hmmm.

E:   Like with your boobies out?

FC2: Ah, it all  depends on who's  there.  I mean  I'm not  gonna 
just. Yeah.

D:   Right.

E:   Well, I mean like on Thursday  like maybe I'll have you  two 
dance together?

FC2: Yes, of course.

E:   Okay.  ExcelLent.  [Laughter from D]  Are you also a 34-C?

FC2: I'm actually a 36-D.  Full D.

2M:  Full D.

FC2: And my nickname with all my friends is ``J-Lo'' so I got the 
booty to go with it. 

E:   Oh, you got a little butt back there.

FC2: Yeah.

E:   Oh, that's fine.  36-D.  J-Lo.  [Laughter from E, D and 2M].  
Thank God for the hormones in      milk.  [Laughter from E, D and 
2M]  Have you ever done the uh locker lineup at school?

FC2: Um, a little  bit of that.   I'm more like  in the  secluded 
area.  

E:   Stairwell.

FC2: Yes.

E:   Really.

D:   Janitor's closet.

E:   More than with  the janitor.  [Laughter  from D]   [Knocking 
sound] 

2M:  Awesome.

E:   [Impersonating a janitor with a  Mexican accent] Need to  be 
coming on in please.  Wet spill in      my     pants      please.  
[Laughter from E, D and 2M].

D:   Oh God. [Laughter from D]

E:   [Laughter from E] Have you ever made out with a teacher?

FC2: No. [Laughter]

E:   No.

2M:  Naw, please.

E:   Um, more than eight or nine times in school?

FC2: Ah, no I wouldn't go that far.

2M:  No.

E:   You don't  think  badly  of [first  female  student  caller] 
because she has, do you?

FC2: No, I love [first female student caller].

E:   In God's way.

D:   Uh-huh.

FC2: Truly in God's way.

E:   Uh-hm.  [Laughter from  FC2]  Alright.  Very  good.  And  um 
missing school on Thursday would   be nothing new for you.

FC2: Nothing new.

E:   Alright, very good.  Hold on one second and ah Flounder will 
get both of your information.      We'll see you on Thursday.

FC2: Okay.  Thank you.

E:   Alright, very good.

D:   Flounder will get your information.  Hopefully we'll see it.

E:   Yes.

2M:  Man, we're looking for Chinese finger ties.  [Laughter  from 
E, D and 2M]

E:   Alright, now let me say this.   [Laughter from E, D and  2M]  
Don't send me your goddamn emails  about being  angry that  we're 
doing these two ah high school kids.

D:   They're 18.

E:   They're 18 years-old.  This is their own deal.  Alright,  so 
save the e-mails.

D:   They're not going to school anyway.

E:   Save the e-mails.

D:   [Laughter from E, D and 2M]  It's not like they're  studying 
for the SATs.

E:   Save the you're  corrupting the youth  of America.   Please.  
Nobody.  I didn't hold a gun to    anybody's head to line up nine 
guys against a locker.  [Laughter from 2M] Alright.  Diane, we   
didn't do anything wrong.

D:   [Laughter from D] Hey, she was free with the information.

2M:  That private school's gonna love you though.

E:   That's Bishop O'Connell.

2M:  Yeah, they're very proud today.

E:   They should be.

D:   Hey, you pay money to go  to that school.  [Laughter from  D 
and 2M]

E:   You know what, at least it's not one of the priests.

2M:  Yes. 

E:   Save the hate  e-mail.  Okay.  We  did nothing wrong,  right 
Flounder?

F:   I agree.  [Laughter from E, D and 2M]

2M:  We're doin' that school a  service.  You know how many  kids 
they're gonna' get now?  They're   thinking about stalking Bishop 
O'Connell.

E:   Right now everybody  at [Unintelligible]  council is  going, 
``Goddamn it [Unintelligible] not at    our school.''   [Laughter 
from E, D and 2M] Alright, very good, alright.  So good,    I 
feel like we're     starting to put  together a  very nice  list.  
We'll either revisit that again before we get off the air   
today, maybe after school starts, [Laughter from 2M] or     we 
will      get some more contestants     tomorrow.   So,  Thursday 
morning we'll have everybody in here dancing and uh four will be 
selected to dance for Kid Rock  on Saturday night at the  Patriot 
Center.  I think I speak for all of     us when I can't thank Kid 
Rock enough    for choosing us to  do this promotion.   [Laughter 
from      2M] [Unintelligible].

[Break in the audio-tape]

May 8, 2002

E:   Elliot
D:   Diane
BD:  Buddy
MC:  Male Student Caller
MC2:      Second Male Student Caller
MC3: Third Male Student Caller
MC4:    Fourth Male Student Caller
MC5: Fifth Male Student Caller
FC3: Third Female Student Caller   

E:   Before we get into the news, Diane.

D:   Yeah.

E:   We had a  little interest in  Bishop O'Connell High  School. 
[Laughter from E]

D:   Yeah.  I  went  to the  website.  [Laughter from  E]  I  was 
looking at the mission statement.  [Laughter   from   E]    ``Our 
mission is to  provide the  students an education  rooted in  the 
life of Christ      [unintelligible] pursuit of excellence of the 
whole person.''  And then you go down.  [Laughter      from    E] 
The desired learning results.  [Laughter from E] Kinda' take on a 
new meaning.   [Laughter from E  and 2M]   ``Students practice  a 
moral code based on gospel values as found in     our    Catholic 
faith  and  worship.''   [Laughter  from  E  and  2M]   ``Express 
Christian values through      participation in community  service 
projects.''

E:   Take him and drink for him. [Laughter from E]

D:   ``Develop creative and critical thinking skills.'' [Laughter 
from D] ``Use those skills in      successfully           solving 
problems.''

E:   There you  go, [first  female  student caller]  and  [second 
female student caller].

D:   Mmm [Impersonating a young girl's  voice] What should I  do? 
[Laughter from E]   ``Learning    to     work     with     others 
cooperatively.''

E:   [Spoken as if E's mouth was full] May peace be with you  and 
also with you.

D:   ``Develop and maintain''

E:   [Loud sucking sounds from E]

D:   ``Develop and maintain positive self worth through a healthy 
lifestyle.''

E:   [Spoken  as   if  E's   mouth  was   full]  This   healthful 
[unintelligible] of protein. [Loud sucking   sounds    from 
E][Laughter from E, D and 2M]   [Spoken as if E's mouth was full] 
Hey, what do   you think  will be  going on  at Bishop  O'Connell 
High School today?  [Laughter from E, D and  2M]

D:   Talk in the office.

E:   More guys have signed  up for this school  in the last  half 
hour.  [Laughter from E and 2M]    We done  a service.  [Laughter 
from E and 2M] Alright, very good. So Thursday morning.

D:   ``Our student body  of 1,470 reflects  the diversity of  our 
community and neighborhoods.''

E:   [Spoken as if E's mouth was full] I'm part of the community. 
[Loud sucking sounds from     E]    [Unintelligible]    Oh    no. 
[Laughter from 2M and D] They'll be in here.  I love that.   What 
are  you kidding me?

D:   They're not going to be at school that day. [Laughter from E 
and 2M]

E:   Alright.  8:15, dear  God.  Ah,  what have we  got going  on 
here?  We're busy as hell.  We     got  some     [unintelligible] 
tickets to give away.  Oh 

[Break in the audio-tape]

E:   Let me get Buddy on the phone. Buddy.

BD:  Hey.

E:   How are you, sir?

BD:  Good.  How are?

E:   Good, I I understand we caught you shaving.

BD:       Yeah, I'm about half way done.  [Laughter from BD]

E:   I say just leave it.

BD:  Leave half of it?

E:   Yeah, just leave half  of it.  Ah,  yesterday while we  were 
     going through our qualifying I guess sometime around 7:45 we 
     heard from [first female student caller] and [second  female 
     student caller].  [First female student caller] and  [second 
     female student  caller],  two  18 year-olds,  they  just  so 
     happen to go to  Bishop O'Connell High  School.  And what  I 
     thought was a  very nice conversation  with them  yesterday.  
     They informed as to some things they do at school. [Laughter 
     from  BD]   But  they're  18  years-old.   They're   adults.  
     They're allowed to do what they  want.  And then um I  guess 
     we heard very  early this morning  that both [second  female 
     student caller] and [first  female student caller] had  been 
     suspended  from  school.   Now,  Buddy,  did  the,  I  know, 
     principal call the station, true or false?

BD:  That is, that is true.

E:   Right.  Did you ah speak to um Bishop O'Connell?   [Laughter 
from BD and 2M]

BD:  No.  The Bishop did not speak.  We ah traded messages.   But 
I think the thing that he was      concerned about was the  story 
that he got was that you coerced or badgered or otherwise   
convinced these people or  these two young  ladies to say  things 
that weren't true.  

E:   Now, correct me if I'm wrong.  I don't feel like I  badgered 
them in any way at all.

D:   You asked them a question and they answered.

E:   Yeah.

BD:  Well, like  I said  the principal  apparently couldn't  have 
been nicer and ah was just    following what  what he  was  told, 
so.

E:   Right.  Now,  see we  heard  this morning  I guess  that  ah 
Bishop O'Connell's daughter, I don't    know  the   guy's   name.  
What's his name?

BD:  Uh, you know I don't remember.  It's on my desk.

E:   You lying sack.   [Laughter from BD]   No, come on.   What's 
his name?  

BD:  I honestly don't remember.

E:   Alright.  Hey, Mack, see if  you could find me someone  from 
     Bishop O'Connell real quick.  Line 2?  Fine, perfect.   Tell 
     him I'll be there in a second.  So anyway, what we did  here 
     was ah the  principal called [first  female student  caller] 
     and [second female student caller] in to their office,  into 
     his office.  I'm assuming it's a man.

BD:  Right.

E:   And um  I  guess  had  a conversation  with  them  and  then 
suspended them and then got on     the PA    system at the school 
and talked about what a bunch of heathens we are. I may be  
paraphrasing.            [Laughter from BD]

BD:  I didn't hear that part.

E:   Yeah, so  apparently  he uh  he  does not  like  your  radio 
station, Buddy Riser.  

BD:  Wow.

E:   Yeah.

BD:  Well yeah this is before I had a chance to really discuss it 
with him.

E:   This is the work  of the devil  right here.  [Laughter  from 
BD]  So you didn't you didn't      
     touch base with him?

BD:  No, we we traded phone messages yesterday so.

E:   What was his message to you?

BD:  He he was  he couldn't  have been nicer.   I mean  basically 
he's just, he was just trying to figure out  exactly   from   our 
side.  I  mean obviously  he had  heard only  their side  of  the 
story.

E:   Right.  Why did he suspend  them though?  That doesn't  seem 
right to me.

BD:  Now that I  don't know.  I  I didn't know  that he had  done 
that.

E:   Yeah.  See that  doesn't seem right.   That that part  kinda 
pisses me off.

BD:  Yeah.

E:   I'm thinking  we  have  a  Support  [second  female  student 
     caller] and  [first female  student caller]  Concert at  the 
     school with [unintelligible].  [Laughter  from E, D and  2M]  
     But I don't understand why  they got suspended.  Hey  listen 
     if they're  blowing guys  at the  school, that's  not  their 
     fault, that's the school.  The  school needs to do a  better 
     job policing.

D:   They should get counseling not suspension.

E:   That's  right.   Jesus  wouldn't   just  toss  them   aside. 
[Laughter from BD] Jesus would     welcome them in.

2M:  Yes, he would.

E:   Some of the  priests at  the school  would ask  if they  had 
brothers.  [Laughter from BD]

BD:  Have we talked to the girls today?

E:   No.  I  have a  feeling they  won't be  calling today.   No, 
Jesus took away their phone   privileges.   [Laughter  from   BD]  
Alright, Buddy, alright.  I was wondering if you got to touch    
base with them.

BD:  No.

E:   With the principal or whatever his face is.

BD:  No.

E:   Alright, very good.  Thank you very much, Buddy.  See you in 
     a bit.  Finish cleaning up over there.

E:   Hi.  Who's this?  Hello?

MC:  Yeah.

E:   Yeah, who's this?

MC:  Uh, I won't give my name out.

E:   Yeah, I  don't blame  you.  You  know if  I went  to  Bishop 
O'Connell I wouldn't give my name  either.  That's how you people 
get in trouble.

MC:  Ah yeah definitely.

E:   Alright.  So what happened at school yesterday?  

MC:  Uh well um.  First of all,  at around 8:10 I was uh  driving 
down with some friends before      school    and   uh   we   were 
listening to your station and uh we hear these two girls call up.  
They go off    about some stuff and uh.  First of all, we want to 
find out who it is and uh.  I wouldn't let you put     these 
girls on the stage with uh bikinis on.

E:   Wait, say again.  You what?

MC:  I wouldn't let you  put these girls  on stage with  bikinis, 
first of all.

E:   I did get some e-mails saying that they were pretty hot.

MC:  Ah, really?  [Laughter from 2M]

E:   Well, I can tell some people have different taste.   Anyway, 
go ahead.

MC:  And uh we get to school  and there's a big ordeal about  it.  
And uh I guess they just      suspended hard core because of it.

[Break in the audio-tape]

E:   Yeah.  But you're kinda' out of loop. 

[Break in the audio-tape]

E:   Hi.  DC101.

MC2: Hey, what's up?

E:   Hey, who's this?

MC2: This is [second male student caller].

E:   [Second male student caller].  You go to Bishop O'Connell?

MC2: Yeah.

E:   Yeah.  So now tell me what happened yesterday?

MC2: All I heard was that these girls called in and our principal 
came in on like 8th period and he was   basically     told     us 
everything that happened.

E:   Oh really.  That's very interesting to me.  What did he  say 
over the PA system that  happened?

MC2: I don't know.  I can't remember exactly what he said.

E:   Right. Well, first of all, how  did they break in with  that 
announcement?  What's the     principal's name there?

MC2: Um, Burch.

E:   Principal Burch.

MC2: Yeah.

E:   Alright so Principal Burch gets on  the uh PA and says,  you 
know, excuse me Bishop   O'Connell    students    I    have    an 
announcement to make?

MC2: Yeah. He  just wanted  to  clarify if  there were  like  any 
rumors going on like really what   happened.

E:   Oh, so what did he say really happened?

MC2: Nah, He uh.  Once again I don't want to say exactly what  he 
said.

E:   No, go  ahead.  [Laughter  from MC2]   No you  can say  what 
     exactly he said.  [Laughter from MC2]  No, because  honestly 
     I want to know what he said.

MC2: Well, honestly, I don't  really remember.  But basically  he 
just said that two girls called in and  said, uh,  I don't  know.  
Honest?

E:   But what did he say they did?

MC2: Um.  Yeah, he said uh that.  I don't know.  [Laughter]  

2M:  Come on now, dude. 

E:   Come on dude.

D:   [Second male student caller]'s  worried that he's gonna  get 
suspended.

MC2: I'm definitely am.  But it's not a biggy.  [Laughter]

E:   Who's your buddy in the car?

MC2: Ah, [third male student caller].

E:   Yeah, put [third male student caller] on.

MC2: Ah, here's [third male student caller].

E:   Yeah.  [Third male student caller]'s  got a set of balls  on 
him.  [Laughter from 2M]

2M:  Yeah, here take [third male student caller].

MC3: Hey, what's up fellas?

E:   Hey [third male student caller].  Now you go to school there 
also?

MC3: Yes, I do.

E:   Alright.  What did, uh, what did Burch say?

MC3: Well, he uh just said some of the stuff that the girls  said 
on your show.

E:   Really?  So  did  Principal Burch  actually  get on  the  PA 
system and talk about how they were     giving  blowjobs  in  the 
hallway?

MC3: Well, let me,  hold on  for a  second.  Naw,  he didn't  say 
that.  He was very nice about it, you   know.    He's.    In    a 
Catholic school so you gotta be nice about it.

D:   Right.

E:   Right.  So but now, so he ended up.  Why did, why did,  they 
get suspended?  That's what   I don't   understand.

MC3: You gotta have the  mindset that this  is a Catholic  school 
and, you know, anything out of     the  school really should have 
some moral binding.

E:   Yeah.

MC3: He's just worried about the school's reputation.

2M:  The image.

MC3: Yeah.

2M:  I mean people spend a lot of money to get that image.

D:   Yeah, they do.

E:   Yeah, but I mean, okay.

2M:  Well, that's, I guess, the basis.

E:   People spend a lot of money to go to college.  It ain't like 
people ain't screwing there.

MC3: Yeah, that's true.  But,  he wants to  have like, you  know, 
the mindset of him being a good,   you know,  person  that  gives 
these children moral teachings, that kind of stuff.

E:   Is Burch married?

MC3: Yes.

E:   Anybody willing to bet he's never gotten a blowjob from  his 
wife?

MC3: [Laughter] Ah, I  don't want to  think about it.   [Laughter 
     from E]  He's  a very  nice guy.  I  like him  a lot.   He's 
     really nice.

D:   Of course you do.  [Laughter from 2M]

E:   Very good, [third male  student caller].  [Laughter from  D] 
     You're very smart kid.  [Laughter from D]  I like you.

MC3: ExcelLent.  ExcelLent.

2M:  Do you know his daughter?

MC3: I, uh.

E:   Yeah.  His daughter is apparently the one that called,  that 
little rat.

D:   Is she older?

MC3: I don't.  Burch's?

E:   Yeah, Burch's daughter.  Does she go to school there?

MC3: No, no. 

E:   Oh, so she's already out.

MC3: I've I've never met her.

E:   Right.  But Burch is a pretty  cool guy who obviously has  a 
little issue with us.

MC3: Yeah.  Well he  just wants to  look out for,  you know,  his 
students.

E:   Did he mention us by name?

MC3: No.

E:   What do you mean no?  What  did he say like ``a local  radio 
station?''

MC3: He said ``DC101,'' but he didn't

E:   ExcelLent.

2M:  Oh, we got press.  [Clapping]

E:   That's good, that's  good.  At  least let `em  let `em  know 
what they should be listening to   Burch.    [Laughter from D]

MC3: ExcelLent.  ExcelLent.

E:   Alright [third male student caller].

D:   [Third male student caller]'s very nervous right now. 

E:   No, [third male student caller] you're fine.  You're fine.

MC4: Hi Diane.

D:   Hi. 

E:   [Unintelligible] [Laughter from D and MC3]  Hey, [third male 
     student caller], let me ask you, you weren't one of    the 
     guys that [first female  student caller] and [second  female 
     student caller] blew in the hallways, were you?

MC3: Ah naw, naw, naw 

E:   No naw naw naw.

MC3: I don't think I'd let them.

E:   Okay, alright, very good, very good.  You'd give it a couple 
of years though.

MC3:      I just want to say Hi to Diane.

D:   Thanks, [third male  student caller].   Have a  nice day  at 
school.

MC3, MC4: Bye, see  ya later,  bye.  [Unintelligible]   [Laughter 
from MC3, MC4, E, D and 2M]

E:   We got a phone number for, ah, the school?

D:   The main number.

E:   Yeah, I'll take that.  Hi, DC101.

MC5: Hi Elliot.   This  is,  this is,  ah,  [fifth  male  student 
caller].

E:   Yes, of course it is.

2M:  Sure.

E, 2M:    Hi [fifth male student caller].

MC5: Yeah.  I go to O'Connell.

E:   Right.

MC5: And, uh, I just want to let you know that the girls are  not 
18.  They're only 17.

E:   But that's not my fault though.  Listen.

MC5: No dude, no dude.  I  know exactly like what happened.   You 
didn't manipulate them at all.  But     when they  went into  the 
office yesterday they were like  ``Oh, yeah, well he  manipulated 
us into   saying these  bad things.''   And  Mr. Burch  gets  on.  
Would you turn that off?

E:   Yeah, please.

MC5: Mr. Burch gets on and goes, ah, yeah they are all remorseful 
for what happened and they    want to   let everyone  know  that, 
like, they were manipulated or  whatever or something like  that.  
And I,    like, they knew exactly what they were doing.
     
E:   Yeah.  And first of all, I think we asked twice how old they 
were.  Both of them said they      were 18.   You know  what,  if 
they lied, they lied.  That's not my problem.

MC5: Yeah, dude.  It's like, it's like their fault and they  just 
made.  I feel bad because they made the      school look  like  a 
bunch of sluts or whatever and we're really not. 

E:   Well, listen you gotta have some kind of pride in something.  
[Laughter from D]  But the,   ah,  you  know,  we  didn't  badger 
them.  We didn't manipulate them.  You heard the show  yesterday.

MC5: Yeah.  I was  listening to  it.  I  thought it  was kind  of 
funny because then I knew exactly who it     was.  [Laughter from 
E, D and 2M]

E:   See so um, you know I can't really say I fault [first female 
     student caller] and  [second female  student caller]  `cause 
     listen they know they're getting thrown out of school.   I'd 
     say that too.  

MC5: They're coming back.

E:   Well, how long did they get suspended for?

MC5: Um, I think like maybe two days or whatever.

E:   Right.

MC5: It's almost like a good deal. 

E:   Well, yeah exactly.  Well, at least they're free to come  in 
tomorrow.

D:   What are their parents doing though?

MC5: I don't know.  I think they're probably in trouble with them 
too.

E:   Oh really.

D:   I would think so.

E:   I hear Burch told [first female student caller] she's  gotta 
give up semen for Lent last year.

2M:  Agh. 

D:   Jesus Christ.

2M:  Do you know them very well?

MC5: Yeah, I'm pretty close them.  At least one of them.

E:   Really?  Have you ever been lined up, have you ever had your 
back up against a locker?     [Laughter from D]

MC5: No.  Actually they don't do that kind of stuff at school.

E:   At school.

2M:  No.  They save that.

MC5: Actually, I hope I just don't wanna know about it.  They can 
do whatever they want.  I just     don't want to know about it.

E:   Alright, very good.   Well, listen I'm  sorry about the  big 
uproar at your school yesterday.

MC5: Ah, it was kind of amusing.

E:   Good.  [Laughter from 2M]  Good, alright, dude, [fifth  male 
     student caller]. Thank you very much for calling. 

MC5: Thank you, you're welcome. 

E:   You're gonna need  to hand me  the handset and  let me  just 
call them.  [Dial tone, dialing]   Oops,     that's   not   good.  
[Dial tone, dialing]    Agh.  [Dial  tone]  Because  I hate  this 
phone     system.  [Dialing]  Because now it's a fight.   Uh-huh.  
[Sound of phone ringing]  Uh, uh,  hands     free.  They gotta be 
in the office by now.

2M:  Yeah.

D:   7:30.

2M:  The administration should be. 

D:   I was looking at the.

E:   Maybe Jesus will answer.

D:   The class schedule.  Home room. 

E:   What time does home room start?  Hi, Bishop O'Connell.   Um, 
who am I speaking with?       Hi, Mrs. Minyet.  You're not on the 
air.  This is Elliott calling from DC101.  I'm trying to    find 
Principal Burch, please.  Hello.  Hello.  I don't know if I'm  on 
hold or if I'm uh talking     to Mr. Click.

2M:  Really.  

D:   Maybe you'll find out in a second.

E:   Hello.  They don't say, ``Hold.''

2M:  They never even said ``please hold'' or? 

E:   No.

2M:  Hang on?

E:   First bell's at 7:55.  You know what.  [Dial tone, sound  of 
tone buttons, ringing]   [Laughter from      2M]  Shhh.  Come on.  
They're afraid to  touch the phone.   Ahh, come on  now I get  an 
answering      machine.  Hi DC101.

FC3: Hey, what's up Elliot?

E:   Hey, who is this?

FC3: Let's see, what can  you call me?  I'm  scared too now  like 
all the other [unintelligible] 

E:   Ah, don't be scared. 

FC3: [Laughter]  You can call me,  you can call me [third  female 
student caller].  How about that?

E:   Okay, [third female student caller].  Yes.

FC3: You can call me [third  female student caller].  Well, I  go 
     to O'Connell like  all the rest  of them. Those  are all  my 
     friends that were calling earlier.  And I just wanted to say 
     that it  was like  the reason  that they  all got  suspended 
     wasn't because, you know,  like, about anything, because  it 
     was immoral or anything what they were gonna do.  Because  I 
     don't even think they were really gonna come in   because 
     they were lying, like, they weren't 18 or anything else.    
     They were a bunch of sophomores.  But there's a . . . .

E:   Oh, God. I wish they would come in.

2M:  So they're 16.

E:   Anyway, go ahead.  

FC3: There's a rule in the student handbook that says that if you 
do anything, like, in the name,    like, using  O'Connell's  name 
or, like, in O'Connell uniform that you can be suspended because 
that's slander towards the school.

E:   Oh, that's, uh, you're impugning the reputation.

FC3: Yeah, so when you went on the website and everything  that's 
when Mr. Burch freaked out    and was, like, oh, blah blah  blah, 
this makes my school look horrible.

E:   Hey, Burch, don't put up a website then, you jackass.

D:   What I I was just, I  was just reading the, uh, the  beliefs 
     and mission and philosophy of the school. 

2M:  Yeah, if anything

D:   I know.

E:   We gave them some positive publications here.

2M:  Yeah.

FC3: And also I wanted to say  that I'm really sorry cause  there 
were a lot of really hot girls,    including  myself,  that  were 
gonna come in.

E:   Oh, godamnit.

FC3: And we were gonna audition tomorrow morning.

E:   Alright.

FC3: We really wanted to do it.

E:   Yeah.  I wish you would have.

FC3: I'm sorry.

E:   Alright.  Well, Burch had to go F it up for everybody.

D:   Bye [third female student caller].

E:   Let me try one  more time and then  I'll take a break.   And 
then we'll get into some real      qualifying.   Uh,  I'll   just 
dial here.   [Dialing  tones]  You  think  they won't  answer  at 
Bishop    when I call  cause a big  sign that goes  off ``Jew  is 
calling.'' [Laughter D and 2M]     [Impersonating      a   female 
voice]  Yes, Principal Burch, please?  What do you mean he's  not 
available?  Oh, don't    hang up.  F you.  [Laughter from 2M]
 
2M:  They know what matters [unintelligible].

E:   What a bitch she is.

D:   What she say?

2M:  I can't believe she doesn't even say anything to you.  

E:   [In a mocking voice]  ``He's not available.''  Click.  I bet 
he's available.  He's probably     standing right there listening 
to the goddamn show.

D:   I guess  they have  to  go tend  to the  pro-life  memorial.  
     [Laughter from E] that I was just reading about.

E:   Come on Burch you big pussy, call.  You know he's sitting in 
there listening to it. Speak to a Jew.       [Laughter  from   D]  
Goddamnit.  Alright, alright.  You know what, let's move on then.  
Ah, 202-  432-1101,  toll  free   1-800-33DC101.   Ah,  we   need 
qualifiers for,     ah, Saturday night.  If you want   to   dance 
in the cage with Kid Rock up on stage 202-432-    1101, toll free 
1-800-33DC101.  We'll    sign up last day for qualifying and then 
tomorrow's the      big audition, tomorrow around 7:30.     And 
then four  women will  move on  to Saturday  night where  they'll 
dance up on stage at the      Patriots Center.  Kid Rock will    
pay for the night.  202-432-1101, toll free 1-800-33DC101.  

[Commercial for the Kid Rock Dance-in-the-Cage Concert]



``''``''``''``''``''``''``''``''``''``''``''``''``''``''``''``''-
                                                         ``''``''

                        ATTACHMENT B

                 FCC List of Small Entities

   As described below, a ``small entity'' may be a small 
                       organization,
  a small governmental jurisdiction, or a small business.

(1)  Small Organization 
Any not-for-profit enterprise that is independently owned 
and operated and 
is not dominant in its field.

  
(2)  Small Governmental Jurisdiction
Governments of cities, counties, towns, townships, villages, 
school districts, or 
special districts, with a population of less than fifty 
thousand.


(3)  Small Business
Any business concern that is independently owned and 
operated and 
is not dominant in its field, and meets the pertinent size 
criterion described below.
  

       Industry Type          Description of Small Business 
                                      Size Standards
                 Cable Services or Systems
                             Special Size Standard - 
Cable Systems                Small Cable Company has 400,000 
                             Subscribers Nationwide or Fewer
Cable and Other Program 
Distribution                     $12.5 Million in Annual 
                                     Receipts or Less

Open Video Systems 
        Common Carrier Services and Related Entities
Wireline Carriers and 
Service providers 
                                 1,500 Employees or Fewer
Local Exchange Carriers, 
Competitive Access 
Providers, Interexchange 
Carriers, Operator Service 
Providers, Payphone 
Providers, and Resellers


Note:  With the exception of Cable Systems, all size 
standards are expressed in either millions of dollars or 
number of employees and are generally the average annual 
receipts or the average employment of a firm.  Directions 
for calculating average annual receipts and average 
employment of a firm can be found in 
13 CFR 121.104 and 13 CFR 121.106, respectively.





                   International Services
International Broadcast 
Stations






                                 $12.5 Million in Annual 
                                     Receipts or Less
International Public Fixed 
Radio (Public and Control 
Stations)
Fixed Satellite 
Transmit/Receive Earth 
Stations
Fixed Satellite Very Small 
Aperture Terminal Systems
Mobile Satellite Earth 
Stations
Radio Determination 
Satellite Earth Stations
Geostationary Space Stations
Non-Geostationary Space 
Stations
Direct Broadcast Satellites
Home Satellite Dish Service
                    Mass Media Services
Television Services

                              $12 Million in Annual Receipts 
                                         or Less
Low Power Television 
Services and Television 
Translator Stations
TV Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Radio Services
                              $6 Million in Annual Receipts 
                                         or Less
Radio Auxiliary, Special 
Broadcast and Other Program 
Distribution Services
Multipoint Distribution      Auction Special Size Standard -
Service                      Small Business is less than 
                             $40M in annual gross revenues 
                             for three preceding years
          Wireless and Commercial Mobile Services
Cellular Licensees
                                 1,500 Employees or Fewer
220 MHz Radio Service - 
Phase I Licensees
220 MHz Radio Service -      Auction special size standard -
Phase II Licensees           Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             controlling principals)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             controlling principals)
700 MHZ Guard Band Licensees


Private and Common Carrier 
Paging
Broadband Personal 
Communications Services          1,500 Employees or Fewer
(Blocks A, B, D, and E)
Broadband Personal           Auction special size standard -
Communications Services      Small Business is $40M or less 
(Block C)                    in annual gross revenues for 
                             three previous calendar years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three 
                             calendar years (includes 
                             affiliates and persons or 
                             entities that hold interest in 
                             such entity and their 
                             affiliates)
Broadband Personal 
Communications Services 
(Block F)
Narrowband Personal 
Communications Services


Rural Radiotelephone Service     1,500 Employees or Fewer
Air-Ground Radiotelephone 
Service
800 MHz Specialized Mobile   Auction special size standard -
Radio                        Small Business is $15M or less 
                             average annual gross revenues 
                             for three preceding calendar 
                             years
900 MHz Specialized Mobile 
Radio
Private Land Mobile Radio        1,500 Employees or Fewer
Amateur Radio Service                      N/A
Aviation and Marine Radio 
Service                          1,500 Employees or Fewer
Fixed Microwave Services
                             Small Business is 1,500 
Public Safety Radio Services employees or less
                             Small Government Entities has 
                             population of less than 50,000 
                             persons
Wireless Telephony and 
Paging and Messaging             1,500 Employees or Fewer
Personal Radio Services                    N/A
Offshore Radiotelephone          1,500 Employees or Fewer
Service
Wireless Communications      Small Business is $40M or less 
Services                     average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 

39 GHz Service
                             Auction special size standard 
                             (1996) -
Multipoint Distribution      Small Business is $40M or less 
Service                      average annual gross revenues 
                             for three preceding calendar 
                             years
                             Prior to Auction -
                             Small Business has annual 
                             revenue of $12.5M or less
Multichannel Multipoint 
Distribution Service             $12.5 Million in Annual 
                                     Receipts or Less
Instructional Television 
Fixed Service
                             Auction special size standard 
                             (1998) -
Local Multipoint             Small Business is $40M or less 
Distribution Service         average annual gross revenues 
                             for three preceding years
                             Very Small Business is average 
                             gross revenues of $15M or less 
                             for the preceding three years 
                             First Auction special size 
                             standard (1994) -
                             Small Business is an entity 
                             that, together with its 
                             affiliates, has no more than a 
218-219 MHZ Service          $6M net worth and, after 
                             federal income taxes (excluding 
                             carryover losses) has no more 
                             than $2M in annual profits each 
                             year for the previous two years
                             New Standard - 
                             Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
Satellite Master Antenna 
Television Systems               $12.5 Million in Annual 
                                     Receipts or Less
24 GHz - Incumbent Licensees     1,500 Employees or Fewer
24 GHz - Future Licensees    Small Business is average gross 
                             revenues of $15M or less for 
                             the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                             Very Small Business is average 
                             gross revenues of $3M or less 
                             for the preceding three years 
                             (includes affiliates and 
                             persons or entities that hold 
                             interest in such entity and 
                             their affiliates)
                       Miscellaneous
On-Line Information Services  $18 Million in Annual Receipts 
                                         or Less
Radio and Television 
Broadcasting and Wireless 
Communications Equipment          750 Employees or Fewer
Manufacturers
Audio and Video Equipment 
Manufacturers
Telephone Apparatus 
Manufacturers (Except            1,000 Employees or Fewer
Cellular)

                                 








































           Statement of Commissioner Michael J. Copps,
                           Dissenting

Re:  Infinity Broadcasting Operations, Inc., Licensee of Stations 
WNEW(FM), New York, New York; WYSP(FM), Philadelphia, 
Pennsylvania; KYCY(AM), San Francisco, California; Infinity Radio 
Operations, Inc., Licensee of Stations WBUF(FM), Buffalo, New 
York; KSFN(AM), North Las Vegas, Nevada; WXTM(FM), Cleveland 
Heights, Ohio; WAZU(FM), Circleville, Ohio; KUPL(AM), Portland, 
Oregon; Infinity Radio Subsidiary Operations, Inc., Licensee of 
Station KXOA(FM), Roseville, California; Infinity Broadcasting 
Corporation of Dallas, Licensee of Station KLLI(FM), Dallas, 
Texas; Infinity Broadcasting Corporation of Washington, D.C., 
Licensee of Station WJFK-FM, Manassas, Virginia; Infinity 
Holdings Corporation, Licensee of Station WCKG(FM), Elmwood park, 
Illinois; Hemisphere Broadcasting Corporation, Licensee of 
Station WBCN(FM), Boston, Massachusetts, Notice of Apparent 
Liability for Forfeiture; AMFM Radio Licenses, Licensee of 
Station WWDC-FM, Washington, D.C., Notice of Apparent Liability 
for Forfeiture

     I dissent from the Commission's decisions to provide no more 
than a slap on the wrist to Infinity (owned by Viacom) and Clear 
Channel rather than take serious action to address indecency on 
our airwaves.  Today, the majority proposes a $27,500 fine for 
each incident of airing what the majority agrees appears to be 
indecent programming at a time when children likely composed a 
significant portion of the audience.  

     In the case of Infinity/Viacom, thirteen stations ran the 
``Opie & Anthony Show'' which contained a broadcast of sexual 
activity at St. Patrick's Cathedral in New York as part of an on-
air stunt.  In this stunt, called ``Sex for Sam,'' couples 
received points for having sex in public places.  In addition to 
St. Patrick's Cathedral, the broadcast described sexual activity 
at restaurants, at the Disney Store and at FAO Schwartz.  In the 
case of Clear Channel, one of its stations, WWDC-FM, broadcast an 
``Elliot in the Morning'' show which included a station-sponsored 
promotion to which female high school students called in for the 
opportunity to audition to dance in a cage at an upcoming rock 
concert.  The show's hosts questioned the girls about their 
sexual activities at their school -- Bishop Denis J. O'Connell 
High School -- actively solicited other high school students to 
call, and made repeated and graphic references to oral sex.  

     Neither of these cases is a difficult call.  Both are 
outrageous and both were run by stations whose owners knew better 
and whose parent companies have had previous indecent broadcasts 
brought before this Commission.  I believe we should designate 
these cases for a hearing on the possible revocation of these 
stations' licenses, as provided for by section 312(a)(6) of the 
Communications Act.    

     I am particularly troubled by the decision on the ``Opie and 
Anthony Show.''  I defy anyone to read the transcript and argue 
that this broadcast does not violate the statutory prohibition 
against airing indecent material.  And I defy anyone to argue 
that a $27,500 fine to each of the stations owned by a multi-
billion dollar conglomerate is adequate to address this clear 
violation of federal law.  

     Infinity/Viacom could pay this entire fine by tacking just 
one more commercial onto one of its prime-time TV shows and 
probably pocket a profit to boot.  Some punishment!
      
     The majority admits that each of these stations appears to 
have egregiously and extensively violated the statutory ban on 
broadcast of indecent material.  The majority claims further to 
recognize the seriousness of the offense.  And it even concedes 
that the Commission has the option of the license revocation 
process.  But then it turns timid and decides that the 
appropriate recourse for this filth is a $27,500 fine against 
each station.  In other words, the majority determines that these 
stations deserve yet another chance before the Commission even 
considers revoking a license.  When, I ask, will this end?

     This is not the first action against a station owned by 
Infinity.  Infinity stations paid $1.7 million in 1995 to settle 
a series of indecency cases.  As part of that settlement, 
Infinity agreed to take steps to prevent further broadcast of 
indecent material.  More complaints involving other Infinity 
broadcasts followed.  Last April, this Commission issued another 
tepid proposed fine against another station owned by this same 
company - WKRK-FM in Detroit - which had aired some of the most 
vulgar and disgusting indecency that I have had the misfortune to 
examine.  In that decision, the majority warned that repeated 
serious violations by Infinity could result in the revocation of 
station licenses.  The majority repeats that same warning again 
in this decision.   

     Yet, two months prior to the airing of ``Sex for Sam'' on 
the ``Opie and Anthony Show,'' this agency cited the same show 
for three separate apparent violations of the indecency statutes.  
These shows aired between November 2000 and January 2001.  In one 
instance, a graphic song about a father having oral sex with his 
young daughter was broadcast.  In the second instance, the ``Opie 
and Anthony Show'' aired another graphic song by a man seeking 
girls between the ages of two and three for sex.  In the third 
instance, the show provided detailed instructions to a teenager 
and then broadcast her rubbing a telephone between her legs.    

     If this situation does not meet the majority's test for 
repeated violators, I fail to understand what would.  The message 
to licensees is clear.  Even egregious repeated violations will 
not result in revocation of a license.  Rather, they will result 
only in a financial penalty that doesn't even rise to a serious 
cost of doing business. 
      
     I wonder when this Commission will finally take a firm stand 
against the ``race to the bottom'' on our airwaves.  The time has 
come for us to send a message that we are serious about enforcing 
the indecency laws of our country and that we will be especially 
vigilant about the actions of repeat offenders such as those 
cases before us here.  Instead we turn an apparently incurable 
deaf ear to millions of Americans who are fed up with the 
patently offensive programming sent into their homes so 
regularly.  Today's decision does nothing to discourage such 
programming.  

     It all comes down to this:  station owners aren't given 
licenses to use the public's airwaves to peddle smut.  They are 
given licenses to serve the public interest.

       Separate Statement of Commissioner Kevin J. Martin

   Re:  AMFM Radio Licenses, LLC, Licensee of Station WWDC-FM, 
  Washington, DC,, Notice of Apparent Liability for Forfeiture

I support the finding in this Notice of Apparent Liability that 
the licensee apparently violated our rule against the broadcast 
of indecent content, but I would have proposed a higher fine.  I 
am concerned, for example, that the hosts of this show engaged in 
these on-the-air telephone conversations with minors.  As I have 
said in similar cases, we could have found that each time the 
show's hosts started talking about an indecent topic or had a 
separate distinct conversation, the ensuing conversation 
constituted a separate violation.58  In prior cases, the 
Commission has acknowledged that we have the discretion to 
consider each indecent utterance a separate violation.59


                      SEPARATE STATEMENT OF
                 COMMISSIONER JONATHAN ADELSTEIN


Re:  AMFM Radio Licenses, LLC, Notice of Apparent Liability for 
Forfeiture


     This Notice sends the unmistakable message to Clear Channel 
and other broadcasters who violate our indecency rules:  We are 
stepping up our enforcement.  Once again, we give fair warning 
that the Commission can and will avail itself of a range of 
enforcement sanctions, including the initiation of proceedings 
that could result in the revocation of these stations' licenses.  
I will not hesitate to consider such revocation proceedings for 
serious violations that occur after the explicit notice we 
provided in April in WKRK-FM.  Similarly, as broadcasters were 
explicitly notified in April, I will also support on a going-
forward basis an approach that treats each indecent utterance, 
such as distinct conversations or program segments, as a separate 
violation under our rules.  This will substantially increase our 
fines, which by statute are capped at an inadequate level, so 
they will be more commensurate with the offenses.  

     The Commission reached the obvious conclusion that AMFM 
Radio Licenses, whose corporate parent is Clear Channel, 
broadcast indecent material and should be liable for the full 
statutory maximum forfeiture amount.  It took far too long for us 
to reach this conclusion, and I hope we will act more swiftly in 
the future to send a clear message.  

     AMFM's actions here were unquestionably willful and 
egregious.  Hosts of the ``Elliot in the Morning'' program 
repeatedly probed school students about sexual activity conducted 
inside a Catholic high school and actively solicited calls from 
other students to elicit similar information.  The hosts 
amplified their sexual banter by simulating the act of oral sex 
with numerous sound effects broadcast over the air.  Goading 
school children in a pandering manner to discuss sexual 
activities of students and administrators in a school setting 
shows a deliberate attempt to heighten the shock to listeners.  
The broadcasts clearly offended community standards.

     Unfortunately, the statutory constraints on our ability to 
level fines are currently inadequate, as the low fines can be 
considered by broadcasters as a cost of doing business and not a 
serious deterrent.  In this case, a fine below the statutory 
maximum would not accurately reflect the circumstances and AMFM's 
culpability.  I believe strongly that our fines, or other 
appropriate enforcement actions, should be sufficient to deter 
broadcasters from broadcasting indecent material on the public's 
airwaves at a time when children are listening.  Today's action, 
while an important step in that direction, must be followed by 
more stringent, swifter and stricter enforcement of our statutory 
obligation to prevent indecent broadcasts over the public 
airwaves.




_________________________

1 47 U.S.C. § 503(b)(2002); 47 C.F.R. § 1.80(2002).
2 See Letter from Reverend Michael G. Taylor, Chaplain, Assistant 
Principal, Bishop O'Connell High School, to Commissioner  Michael 
J. Copps, Federal Communications  Commission, dated May 23,  2002 
(``Reverend Taylor Letter''); Letter  from Catherine P. Henry  to 
Enforcement   Bureau,    Federal    Communications    Commission, 
Enforcement Bureau,  dated May  8,  2002 (complaining  about  the 
broadcasts and  additionally  enclosing 73  letters  from  Bishop 
O'Connell students, who complained that the broadcasts denigrated 
Bishop O'Connell High School's principal and student body).  
3 Reverend Taylor Letter at 1.  
4 See Program transcript, Attachment A.
5 Id. at 10-15
6 Id. at 14.
7 Id. at 11, 14.
8 Id. at 10-12, 14-15.  
9 Id. at 11.
10 Id. at 14.
11 Id. at 12.
12 Id. at 15.
13 Id. at 14-15.  
14 Id. at 12, 14-17. 
15 Id.. at 12. 
16 Id. at 17.
17 Id. at 17-18.  
18 Id. at 20.
19 Id. at 23.
20 Id. at 24.
21  Id. at 26.
22  Id. at 23-24, 26.  
23 See Letter from Charles  W. Kelley, Chief, Investigations  and 
Hearings Division,  Enforcement  Bureau,  Federal  Communications 
Commission to AMFM Radio Licenses, LLC, dated November 15, 2002.
24 See Letter from  Kenneth E. Wyker,  Senior Vice President  and 
General Counsel, Clear Channel Communications, Inc. to Marlene H. 
Dortch,  Secretary,  Federal  Communications  Commission,   dated 
December 16, 2002 (``Clear Channel Response to Inquiry'').
25 See Letter from Maureen F. Del Duca, Chief, Investigations and 
Hearings Division,  Enforcement  Bureau,  Federal  Communications 
Commission to AMFM Radio Licenses,  LLC, dated July 2, 2003.   We 
note that the staff appropriately now routinely asks, in  letters 
of inquiry issued  in response to  indecency complaints,  whether 
the licensee (or co-owned  stations) broadcast the  complained-of 
material on other stations.  
26 See Letter from Richard W. Wolf, Vice President, Clear Channel 
Communications, Inc.  to Marlene  H. Dortch,  Secretary,  Federal 
Communications Commission, dated July 7, 2003.
27 See 47 U.S.C. § 326(2002).
28 See 18 U.S.C. § 1464.
29 47 U.S.C. § 503(b)(1)(B); 47 C.F.R. § 1.80(a)(1); see also  47 
U.S.C. § 503(b)(1)(D) (forfeitures for  violation of 14 U.S.C.  § 
1464).  Section 312(f)(1)  of the  Act defines  willful as  ``the 
conscious and  deliberate commission  or omission  of [any]  act, 
irrespective of any  intent to  violate'' the law.   47 U.S.C.  § 
312(f)(1). The legislative  history to section  312(f)(1) of  the 
Act clarifies that  this definition  of willful  applies to  both 
sections 312 and 503(b)  of the Act, H.R.  Rep. No. 97-765,  97th 
Cong. 2d Sess. 51 (1982),  and the Commission has so  interpreted 
the term in the section  503(b) context.  See, e.g.,  Application 
for Review of  Southern California  Broadcasting Co.,  Memorandum 
Opinion and  Order,  6  FCC Rcd  4387,  4388  (1991)  (``Southern 
California Broadcasting Co.'').  The Commission may also assess a 
forfeiture for  violations  that  are merely  repeated,  and  not 
willful.  See,  e.g.,  Callais  Cablevision,  Inc.,  Grand  Isle, 
Louisiana, Notice of Apparent Liability for Monetary  Forfeiture, 
16 FCC Rcd 1359  (2001) (issuing a  Notice of Apparent  Liability 
for, inter alia,  a cable television  operator's repeated  signal 
leakage).  ``Repeated'' merely means  that the act was  committed 
or omitted more than once, or lasts more than one day.   Southern 
California Broadcasting  Co., 6  FCC Rcd  at 4388,  ¶ 5;  Callais 
Cablevision, Inc., 16 FCC Rcd at 1362, ¶ 9.    
30 47 U.S.C. § 503(b); 47 C.F.R. § 1.80(f).
31 See, e.g.,  SBC Communications, Inc.,  Apparent Liability  for 
Forfeiture, Forfeiture Order, 17 FCC  Rcd 7589, 7591, ¶ 4  (2002) 
(forfeiture paid). 
32 Title 18 of the United States Code, section 1464 (18 U.S.C.  § 
1464), prohibits  the utterance  of  ``any obscene,  indecent  or 
profane language  by means  of  radio communication.''   FCC   v. 
Pacifica Foundation, 438  U.S. 726 (1978).   See also Action  for 
Children's Television  v. FCC,  852 F.2d  1332, 1339  (D.C.  Cir. 
1988) (``ACT I''); Action for  Children's Television v. FCC,  932 
F.2d 1504,  1508 (D.C.  Cir. 1991),  cert. denied,  503 U.S.  914 
(1992) (``ACT II''); Action for Children's Television v. FCC , 58 
F. 3d 654 (D.C.  Cir. 1995), cert. denied,  516 U.S. 1043  (1996) 
(``ACT III'').
33 ACT I, 852 F.2d at 1344 (``Broadcast material that is indecent 
but not obscene is protected by the First Amendment; the FCC  may 
regulate such material only with  due respect for the high  value 
our Constitution places on freedom and choice in what people  may 
say and hear.'')  See also United States v. Playboy Entertainment 
Group, Inc., 529 U.S. 803, 813-15 (2000).
34 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)).  
35 Industry Guidance on the Commission's Case Law Interpreting 18 
U.S.C.  §1464  and   Enforcement  Policies  Regarding   Broadcast 
Indecency (``Indecency  Policy  Statement''), 16  FCC  Rcd  7999, 
8002, ¶¶ 7-8 (2001) (emphasis in original).
36 Clear Channel Response to Inquiry at 1.
37  The  ``contemporary  standards  for  the  broadcast  medium'' 
criterion is  that  of an  average  broadcast listener  and  with 
respect  to  Commission   decisions,  does   not  encompass   any 
particular geographic area.  See id. at ¶ 8 and n. 15.  
38 Indecency Policy Statement, 16 FCC Rcd at 8002, ¶ 9  (emphasis 
in original).   In  this regard,  in  order for  us  to be  in  a 
position to  judge the  context of  particular material,  once  a 
complainant makes a prima facie  case, it is appropriate for  the 
staff to seek from the licensee a tape or transcript not only  of 
the relevant  material,  but  also  of  a  reasonable  amount  of 
preceding and subsequent material.
39 Id. at 8002-15, ¶¶ 8-23.  
40 Id. at 8003, ¶ 10.
41 Id. at 8009, ¶ 19  (citing Tempe Radio, Inc (KUPD-FM), 12  FCC 
Rcd 21828  (MMB 1997)  (forfeiture  paid) (extremely  graphic  or 
explicit nature of references to sex with children outweighed the 
fleeting  nature  of  the  references);  EZ  New  Orleans,   Inc. 
(WEZB(FM)), 12 FCC Rcd 4147 (MMB 1997) (forfeiture paid) (same). 
42 Id. at 8010, ¶ 20 (``the manner and purpose of a  presentation 
may well preclude  an indecency determination  even though  other 
factors, such  as  explicitness,  might  weigh  in  favor  of  an 
indecency finding'').
43 See notes 18, 20 and 22, and accompanying text, supra.  
44 See notes 11,  15, 16, 17, 19  and 22, and accompanying  text, 
supra. 
45 See Indecency Policy  Statement, 16 FCC Rcd  at 8003-04, ¶  12 
(2002); see also  Telemundo of Puerto  Rico License Corp.  (WKAQ-
TV), 16 FCC Rcd 7157 (EB 2001) (forfeiture paid); Citcasters  Co. 
(KEGL(FM), 15 FCC Rcd 19091 (EB 2000) (forfeiture paid).
46 See Sagittarius  Broadcast Corporation, 7  FCC Rcd 6873,  6874 
(1972) (subsequent history omitted).   
47 See notes 11 through 14, supra.
48 See ACT III, 58 F.3d at 660-63.  

49 See, e.g.,  Citicasters Co.  (KEGL(FM)), 16 FCC  Rcd 7546  (EB 
2001) (forfeiture paid) (finding a station apparently liable  for 
broadcasting a  dialogue  between  program  hosts  and  a  female 
teenage caller in  which she  engaged in sexual  banter with  the 
hosts, responded  to their  probing questions  and described  her 
masturbating activities); Infinity Broadcasting Operations,  Inc. 
(WNEW(FM)), 17 FCC Rcd 10665 (EB 2002)(response  pending)(finding 
a station  apparently liable  for airing  a segment,  during  the 
program's  promoted  ``Teen Week,''  in which  the program  hosts 
gave detailed  instructions  to  and encouraged  a  teenage  girl 
caller to  masturbate by  rubbing a  telephone across  her  pubic 
area).  

50 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).
51 Forfeiture Policy Statement, 12 FCC Rcd at 17110.
52 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).
53 Forfeiture Policy Statement, 12 FCC Rcd at 17100-01, ¶ 27.
54  Citicasters  Co.  (KEGL(FM)),  16  FCC  Rcd  7546  (EB  2001) 
(forfeiture paid); Citicasters Co.  (KSJO(FM)), 15 FCC Rcd  19095 
(EB 2000)(forfeiture paid);  Citicasters Co.  (KSJO(FM)), 15  FCC 
Rcd 19091 (EB 2000)(forfeiture paid). 
55 See Infinity  Broadcasting Operations,  Inc.(WKRK-FM), 18  FCC 
Rcd 6915, 6919, ¶ 13 (2003)(response pending).
56 47 C.F.R. § 1.1914 (2002).
57 Consistent  with  section 503(b)  of  the Act  and  Commission 
practice, for the purposes of the forfeiture proceeding initiated 
by this NAL, AMFM shall be the only party to this proceeding.
58  See  Separate  Statement  of Commissioner  Kevin  J.  Martin, 
Infinity Broadcasting  Operations,  Inc.,  Licsnesee  of  Station 
WKRK-FM, Detroit,  Michigan,  Notice of  Apparent  Liability  for 
Forfeiture, 18 FCC Rcd 6915 (2003) (Infinity Detroit NAL).
59  Infinity  Detroit  NAL  at  para.  13  (clarifying  that  the 
Commission could  pursue  enforcement action  for  each  indecent 
utterance).   See  also  18   U.S.C.  §  1464  (specifying   that 
``[w]hoever utters any obscene, indecent, or profane language  by 
means of radio communication shall  be fined under this title  or 
imprisoned not more than two years, or both.'').