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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
) File No. EB-02-IH-0485
) NAL Acct. No.
200532080022
ENTERCOM KANSAS CITY LICENSE, LLC ) FRN No. 004434866
) Facility ID No. 74101
Licensee of Station )
KQRC-FM, Leavenworth, Kansas )
)
ENTERCOM WICHITA LICENSE, LLC ) FRN No. 0005374145
Licensee of Station ) Facility ID No. 53152
KFH(AM), Wichita, Kansas )
NOTICE OF APPARENT LIABILITY FOR FORFEITURE
Adopted: September 28, 2004 Released: December
22, 2004
By the Commission: Commissioner Copps concurring and issuing
a statement; Commissioner
Martin approving in part, concurring in
part and issuing a statement.
I. INTRODUCTION
1. In this Notice of Apparent Liability For
Forfeiture (``NAL''), issued pursuant to Section 503(b) of
the Communications Act of 1934, as amended (the ``Act''),
and Section 1.80 of the Commission's rules,1 we find that
Entercom Kansas City License, LLC, and Entercom Wichita
License, LLC (collectively ``Entercom''),2 licensees of
Stations KQRC-FM, Leavenworth, Kansas, and KFH(AM), Wichita,
Kansas, respectively, apparently violated 18 U.S.C. § 1464
and 47 C.F.R. § 73.3999, by willfully and repeatedly airing
indecent material during the April 4, April 29, May 2, and
May 3, 2002, broadcasts of the ``Dare and Murphy Show.''
Based upon our review of the facts and evidence before us,
each of the above-captioned licensees is apparently liable
for a monetary forfeiture in the amount of One Hundred Ten
Thousand Dollars ($110,000), the statutory maximum of
$27,500 each for four indecency violations, for an aggregate
forfeiture amount of $220,000.
II. BACKGROUND
2. This proceeding arises from an anonymous complaint
alleging that Station KQRC-FM broadcast indecent material
during segments of the ``Dare and Murphy Show'' aired on
April 4, 2002 (``Segment 1''); April 29, 2002 (``Segment
2''); May 2, 2002 (``Segment 3''); and May 3, 2002
(``Segment 4''). After reviewing the complaint, audio tapes
provided by the complainant, and transcripts of the material
on the tapes, the Enforcement Bureau (the ``Bureau'') issued
a letter of inquiry (``LOI'')3 to Entercom, requesting
further information about the program segments.
3. In response to the LOI, Entercom states that it
``does not possess its own tape'' of the program segments at
issue and, therefore, cannot ``conclusively determine'' that
the station aired the material mentioned in the complaint.4
However, Entercom confirms that the ``Dare and Murphy Show''
was broadcast on KQRC-FM from 6 a.m. to 10 a.m. on April 4,
April 29, May 2, and May 3, 2002, and that Entercom also
broadcast the ``Dare and Murphy Show'' on its commonly owned
station KFH(AM) between 6 a.m. and 10 a.m. on these same
dates. Entercom argues that, assuming the material was
aired as set forth in the complaint, it is not indecent
since Segment 1 does not depict or describe sexual or
excretory activities or organs;5 Segments 2 and 3 are not
patently offensive since both segments are either open to
harmless, non-sexual interpretations or are presented in a
non-explicit, non-indecent manner;6 and Segment 4 is
presented in an oblique manner that lacks an unmistakable
sexual meaning.7 Entercom further argues that the
Commission's indecency definition is unconstitutionally
vague and overbroad;8 and that contemporary community
standards have evolved to the point that the complained-of
material is no longer patently offensive.9
III. DISCUSSION
4. 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.10 The
Commission does, however, have the authority to
enforce statutory and regulatory provisions
restricting indecency and obscenity. Specifically,
it is a violation of federal law to broadcast
obscene or indecent programming. Title 18 of the
United States Code, Section 1464, prohibits the
utterance of ``any obscene, indecent or profane
language by means of radio communication.''11 In
addition, consistent with a subsequent statute and
court case,12 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.
A. Indecency Analysis
5. Any consideration of government action against
allegedly indecent programming must take into
account the fact that such speech is protected under
the First Amendment.13 The federal courts
consistently have upheld Congress's authority to
regulate the broadcast of indecent material, as well
the Commission's interpretation and implementation
of the governing statute.14 Nevertheless, the First
Amendment is a critical constitutional limitation
that demands that, in indecency determinations, we
proceed cautiously and with appropriate restraint.15
6. 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.16
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 definition -- that 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.17
7. As discussed in further detail below,18 we find
that all of the segments describe or depict sexual
or excretory organs or activities and therefore fall
within the subject matter scope of our indecency
definition. Entercom further acknowledges that
Segments 2, 3, and 4 depict or describe sexual or
excretory organs or activities.19 In Segment 1, the
running commentary of the hosts, in particular their
comments about the contestants' genitalia, buttocks
and breasts, describe or depict sexual or excretory
organs.
8. We now turn to an analysis of whether the material
in the four segments subject to this NAL satisfies
the second prong of the Commission's two-part
indecency analysis - that is, whether the broadcasts
were patently offensive as measured by contemporary
community standards for the broadcast medium. In
our assessment of whether broadcast material is
patently offensive, ``the full context in which the
material appeared is critically important.''20 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.21 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.''22 In
particular cases, the weight of one or two of the
factors may outweigh the others, either rendering
the broadcast material patently offensive and
consequently indecent,23 or, alternatively, removing
the broadcast material from the realm of
indecency.24
9. April 4, 2002, Broadcast. With respect to the
Indecency Policy Statement's first two factors, we find that
the material reflected in Attachment A as Segment 1, a
broadcast of ``Naked Twister'' with local strippers
participating as contestants, dwells on descriptions of
female genitalia and breasts in an explicit and graphic
manner. The commentary during the segment contains the
following descriptions of the participants' vaginal areas:
``[s]he's got the little mohawk downstairs;''25 ``she's
apparently undergoing chemotherapy below...[t]hat means her
hair is gone;''26 and ``[y]ou've got a little tattoo over
your vagina.''27 The segment also includes unmistakable
references to sexual activities, such as ``she could reach
over and actually lick her on the nipple.''28 Multiple
references are also made to sexual arousal, including one
host stating that he has a ``boner,'' and another reference
to a contestant's nipples being ``hard.''29 In contrast to
Entercom's assertion, the Commission has, in fact, found
similar material indecent.30 The references, to the extent
they consist of innuendo, are nevertheless sufficient since
the sexual import is unmistakable.31 Finally, the
material is clearly intended to pander to and titillate the
audience; the commentary is clearly intended to make the
naked Twister game as titillating as possible by dwelling on
the appearance of the contestants' sexual organs and the
sexual arousal of the host and one of the contestants.
Accordingly, we find that the broadcast of a game of ``Naked
Twister'' by Entercom, during the hours between 6:00 a.m.
and 10:00 p.m., apparently violated the pertinent statutory
and regulatory provisions restricting broadcast indecency.
10. April 29, 2002, Broadcast. With respect to the
Indecency Policy Statement's first two factors, we find that
the material reflected in Attachment A as Segment 2, an on-
air interview with pornographic film actor Dave Cummings,
dwells on descriptions of sexual activities in an extremely
explicit and graphic manner. During the interview, Mr.
Cummings and the on-air hosts discuss numerous sexual acts,
including a clear description of one female having
intercourse with one actor while performing fellatio on
another, and particular sexual stunts that involve the
timing of ``money shots.''32 The interview also consists of
a detailed description of the ``2002 Wildlife Productions
Anal Contest,'' including the following commentary by one of
the on-air hosts: ``[w]ell, $1,500 extra to have some guy
pound you in the wazoo. I don't see how you can turn that
down;''33 and ``[w]ell see, if you did reality, you know
what it would be? It would be like this. You get out of my
ass, please. Will you please take that out of my ass.''34
Dave Cummings further notes that he ``end[ed] up having sex
with the trophy girl, and then one of the contestants yells
over, `Daddy come do me, Daddy, come do me.'''35 Given the
surrounding dialogue, a conversation with a pornographic
actor discussing his business, such terms as ``money shot''
and ``doing'' women have a clear and unmistakable sexual
import. We have found similar material to be indecent or
apparently indecent.36 There is no reasonable nonsexual
interpretation to such phrases as ``anal contest'' and
``please take that out of my ass.'' The material dwells on
descriptions and/or depictions of sexual activities and
organs. In fact, throughout the entire segment, the hosts
and guest describe one sexual encounter after another in
graphic detail. Finally, the stations use the material to
titillate, shock and pander to the stations' listeners. The
sexual references are not made as part of a clinical
discussion, but rather as a promotion for Dave Cummings'
movies. Accordingly, we find that the broadcast of an
interview of pornographic film actor Dave Cummings by
Entercom, during the hours between 6:00 a.m. and 10:00 p.m.,
apparently violated the pertinent statutory and regulatory
provisions restricting broadcast indecency.
11. May 2, 2002, Broadcast. With respect to the
Indecency Policy Statement's first two factors, we find that
the material reflected in Attachment A as Segment 3, an on-
air interview with pornographic film star Ron Jeremy, dwells
on descriptions of sexual activities and organs in an
explicit and graphic manner. In addition to discussing the
number of women with whom Ron Jeremy has had sex, they
discuss fellow-actor Rocko Vincente's films, in particular
his desire to have women ``regurgitate on his quacky.''37
The on-air hosts state that Ron Jeremy has a ``giant
penis,''38 and that they are amazed that he is able to self-
fellate:
Man's Voice: Well, the fact that he's world-
renowned Ron Jeremy, for being able to self-
fellate, to do the full Ronty.
Ron Jeremy: Listen, I make sure that when I
do I wear a rubber, because I don't know
where he's been.
Man's Voice: Can you still do that?
Ron Jeremy: Well, since I got a little
chunky, I can only kiss the tip at this
point.39
During another portion of the segment, the hosts and Mr.
Jeremy discuss a movie in which Mr. Jeremy had sex with an
obese woman. Mr. Jeremy states that ``[i]f a guy is doing a
girl that's that big it's, anywhere you go, it goes in;''40
``I think I had sex with a fold for half an hour;''41 and
``I don't think I ever got to genitalia.''42 In response,
the on-air hosts comment that ``[y]eah, her pudding looked
like a catcher's mitt, dude;''43 and that ``[t]here was no
way that his penis, even the size of his penis, there was no
way it was long enough to get past the thighs.''44
12. The argument that the segment does not have an
inescapable sexual meaning, or is not indecent based on
precedent, is patently unpersuasive. For instance, the
sexual import of the word ``pudding,'' given the context of
the surrounding discussion, is inescapable. The segment
dwells on descriptions and/or depictions of sexual
activities and organs. For instance, the hosts and guest
discuss the size of Mr. Jeremy's penis; how another
pornographic film actor likes to have sex; Mr. Jeremy's
ability to self-fellate; and Mr. Jeremy's sexual encounter
with an obese woman. Further, much of the discussion
graphically describes sexual activities, such as the
interviewer's comment that the porn star's sexual organ was
so large that he could ``self-fellate.'' Given the
explicitness of the conversation, Entercom's argument that
the segment did not have an inescapable sexual meaning is
disingenuous, to say the least. Finally, the discussion is
in no way clinical, but is lewd, and we conclude that the
stations aired the material to titillate, shock, and pander
to the audience. Accordingly, we find that the broadcast of
an interview of pornographic film actor Ron Jeremy by
Entercom, during the hours between 6:00 a.m. and 10:00 p.m.,
apparently violated the pertinent statutory and regulatory
provisions restricting broadcast indecency.
13. May 3, 2002, Broadcast. With respect to the
Indecency Policy Statement's first two factors, we find that
the material reflected in Attachment A as Segment 4, a
broadcast of a pornographic film actress being masturbated
to orgasm on-air with a vibrator, dwells on descriptions of
sexual activities in an extremely explicit and graphic
manner. The actress instructs the on-air host on what to do
to help her achieve orgasm, stating that she will ``pull it
apart for you;'' that he should ``push down;'' and that he
should ``[g]o like right there. Right on the heel, the
heel.''45 She then moans repeatedly, attempting to achieve
what Entercom terms the ``Big O.''46 In fact, Entercom
acknowledges that the segment ``involves an attempt by a
woman to achieve the ``Big O.''47 The on-air commentary
includes discussions about whether the on-air host should
spank or pull the hair of the actress while inserting the
vibrator.48 While the broadcast does not use specific terms
for the sexual organs involved, the specific activity
depicted is obvious, and the surrounding commentary leaves
little to the listener's imagination. The description is
not clinical, but is lewd, and used to shock, pander, and
titillate. Accordingly, we find that the broadcast of
Segment 4 during the hours between 6:00 a.m. and 10:00 p.m.,
apparently violated the pertinent statutory and regulatory
provisions restricting broadcast indecency.
14. We reject Entercom's contention that, because
Station KQRC-FM generally enjoys high ratings, the
contemporary community standards of the Kansas City
listening community are such that the material is
not patently offensive. 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.49 Whether
particular material is actionably indecent does not
turn on whether the station that broadcast it (or
the program) happens to be popular in its particular
market.50 Further, a primary purpose of indecency
regulation is to protect children from graphic and
offensive sexual and excretory material, and
indecent material is prohibited from being broadcast
between 6 a.m. and 10 p.m. when children are likely
to be in the audience.51 By broadcasting this
material during this time period, Entercom
apparently violated the prohibitions in the Act and
the Commission's rules against broadcast indecency.
15. Finally, Entercom argues that the Commission's
indecency standard is unconstitutionally vague and
overbroad, citing Reno v. ACLU52 and Ashcroft v. Free Speech
Coalition.53 The constitutional validity of the
Commission's indecency standard has been repeatedly affirmed
by courts.54 As we have previously indicated, neither Reno
nor Ashcroft alters this conclusion.55
B. Proposed Forfeiture
16. Based on our review of the record in this case, we
conclude that Entercom is apparently liable for a forfeiture
for each airing of four different segments on WQRC-FM and
KFH(AM). Entercom does not deny that each of the captioned
stations broadcast the ``Dare and Murphy Show'' on April 4,
April 29, May 2, and May 3, 2002, and has failed to provide
evidence that KFH(AM) edited the material during their
regular broadcasts of the program.
17. The Commission's Forfeiture Policy Statement sets
a base forfeiture amount of $7,000 for the transmission of
indecent or obscene materials.56 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.''57 Based upon our thorough review of the
record, including the repetitive nature of the violations
and Entercom's history of prior indecent broadcasts,58 we
conclude that an upward adjustment of the forfeiture amount
to the statutory maximum of $27,500 is warranted in this
case for each instance in which Entercom apparently violated
18 U.S.C. § 1464 and 47 C.F.R. § 73.3999.59 Thus, we find
that the appropriate forfeiture amount is $110,000 for
Entercom Kansas City License, LLC, and Entercom Wichita
License, LLC, respectively, for a total of $220,000. We
also take this opportunity to reiterate our admonition
(which took place after the behavior at issue here) that
serious multiple violations of our indecency rule by
broadcasters may well lead to the commencement of license
revocation proceedings, and that we may issue forfeitures
for each indecent utterance in a particular broadcast.60
V. ORDERING CLAUSES
18. 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,61 that Entercom
Kansas City License, LLC, and Entercom Wichita License, LLC
are hereby NOTIFIED of their APPARENT LIABILITY FOR
FORFEITURE in the total amount of One Hundred Ten Thousand
Dollars ($110,000) each for willfully violating 18 U.S.C. §
1464 and Sections 73.3999 the Commission's rules.
19. IT IS FURTHER ORDERED, pursuant to Section 1.80 of
the Commission's rules, that within thirty (30) days of the
release of this Notice, Entercom Kansas City License, LLC,
and Entercom Wichita License, LLC, SHALL PAY the full amount
of the proposed forfeiture against it or SHALL FILE a
written statement seeking reduction or cancellation of the
proposed forfeiture.
20. Payment of the forfeiture must be made by check or
similar instrument, payable to the order of the Federal
Communications Commission. The payment must include the
NAL/Acct. Nos. and FRN Nos. referenced above. Payment by
check or money order may be mailed to Forfeiture Collection
Section, Finance Branch, Federal Communications Commission,
P.O. Box 73482, Chicago, Illinois 60673-7482. Payment by
overnight mail may be sent to Bank One/LB 73482, 525 West
Monroe, 8th Floor Mailroom, Chicago, Illinois 60661.
Payment by wire transfer may be made to ABA Number
071000013, receiving bank Bank One, and account number
1165259.
21. The response, if any, must be mailed to William H.
Davenport, Chief, Investigations and Hearings Division,
Enforcement Bureau, Federal Communications Commission, 445
12th Street, S.W, Room 4-C330, Washington D.C. 20554 and
MUST INCLUDE the NAL/Acct. No. referenced above.
22. 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.
23. Requests for payment of the full amount of this
Notice of Apparent Liability for Forfeiture under an
installment plan should be sent to: Chief, Revenue and
Receivables Operations Group, 445 12th Street, S.W.,
Washington, D.C. 20554.62
24. 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 Entercom
Kansas City License, LLC, or Entercom Wichita License, LLC,
qualify as a small entity and if it wishes to be treated as
a small entity for tracking purposes, it should 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. The certification
should indicate whether Entercom Kansas City License, LLC,
or Entercom Wichita License, LLC, including its parent
entity and its subsidiaries, meet 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.
Entercom Kansas City License, LLC, and Entercom Wichita
License, LLC's responses or failure to respond to this
question will have no effect on their rights and
responsibilities pursuant to Section 503(b) of the
Communications Act. If Entercom Kansas City License, LLC,
or Entercom Wichita License, LLC have questions regarding
any of the information contained in Attachment B, it should
contact OCBO at (202) 418-0990.
25. Accordingly, IT IS ORDERED, that the complaint
filed against Station KQRC-FM's broadcast of the ``Dare and
Murphy Show'' on April 4, April 29, May 2, and May 3, 2002,
IS GRANTED to the extent set forth herein.
26. IT IS FURTHER ORDERED, that copies of this Notice
of Apparent Liability For Forfeiture shall be sent, by
Certified Mail Return Receipt Requested, to Entercom Kansas
City License, LLC, and Entercom Wichita License, LLC, 401
City Avenue, Suite 809, Bala Cynwyd, Pennsylvania 19004, and
their counsel, Brian M. Madden, Esq., Leventhal Senter &
Lerman PLLC, 2000 K Street, NW, Suite 600, Washington, DC
20006.
FEDERAL COMMUNICATIONS
COMMISSION
Marlene H. Dortch
Secretary
Attachment A
Segment 1: April 4, 2002 at approximately 8:40 a.m.
MAN'S VOICE: All right, we're gonna take those clothes off.
Let's get ready to go.
(To the tune of Can-Can.) It's time to put them
to the test, to find out which one is the best. Everyone is
on a mission, so let's start the competition. Twister mats
are all laid out, our club's the best you'll hear them
shout. But Dare don't care, he will not fake it, he just
wants to see them naked.
Naked Twister, oil them up and watch them go.
Done with strippers, rolling naked on the floor. Naked
Twister, look at all that silicone. Done with strippers,
but Dare will still go home alone.
MAN'S VOICE: That's right, it's the first annual Johnny
Dare and Murphy in the morning naked Twister stripper
invitational. With girls from gentlemen's clubs all over
town competing to find out who is the best.
MAN'S VOICE: Who the hell are we trying to kid? This is
just Johnny's way of seeing some naked chicks without having
to shell out some singles.
MAN'S VOICE: And here's your host --
MAN'S VOICE: One of whom's gonna be wearing a callous on a
certain part of his body later --
MAN'S VOICE: Johnny Dare and Murphy.
MAN'S VOICE: All right, the ladies are peeling it off right
now, as a matter of fact. There seems to be some
apprehension in a couple of them, but the others really care
about this game.
MAN'S VOICE: You know what, I think that they're really,
they're getting set up for the whole thing. Where's my list
of the girls? So I can remember everybody's name.
MAN'S VOICE: We've got Rio, Olivia, Charity, and Taylor.
MAN'S VOICE: Now, Rio's got some huge boobs on her.
Seriously large.
MAN'S VOICE: Yeah, that's true. Very impressive.
MAN'S VOICE: She's got the little mohawk downstairs. She's
got a little mohawk.
Now, Olivia, Olivia's got some nice breasts, also, and she's
also got the mohawk.
What else do we got here? Sasha.
WOMAN'S VOICE: Ooh, check out the tattoo.
MAN'S VOICE: Ooh, nice. Got a little heart tattoo. And
she's apparently undergoing chemotherapy down below.
MAN'S VOICE: I get it. That means her hair is gone.
MAN'S VOICE: Yeah. Taylor, who's got nice breasts. And
Taylor is also -- oh, so sad.
WOMAN'S VOICE: They have matching tattoos.
MAN'S VOICE: That's so sad. That is so sad.
MAN'S VOICE: This is so nice, though. This is about
people, and I think that's what nude Twister does is bring
people together.
MAN'S VOICE: And Charity. Charity. You've got a little
tattoo over your vagina, Charity. Yes, you do.
MAN'S VOICE: That's very nice. Is that like a bat of some
sort?
WOMAN'S VOICE: It's a butterfly.
MAN'S VOICE: Oh, it's a butterfly. And it looks like it
turned into a caterpillar.
(Laughter.)
MAN'S VOICE: Get the hell out of here. Look at him, Roger
Carson just walked in. He just wants to come in. He's
older and creepy.
MAN'S VOICE: Get these horny guys out of here. We're
professionals.
MAN'S VOICE: Now, we've got the girls. Are you ready to
go?
MAN'S VOICE: Johnny and I don't even know they're nude.
That's cuz we're professionals and we care about the game,
right?
MAN'S VOICE: Well, we're not looking at them personally.
MAN'S VOICE: No. This is a professional series.
MAN'S VOICE: It's about the competition, ladies. I want
you to try hard. I want you to win for your clubs. I mean,
you're representing each of the clubs, the Show, Badda-Bing,
Satin Dolls, Temptations, Whispers, they're all there. And
you need to win. We don't even see you naked. You're not
naked to me.
WOMAN'S VOICE: I'm not naked.
MAN'S VOICE: Not naked.
WOMAN'S VOICE: Yeah, she has a hat on, for God's sake.
MAN'S VOICE: Yeah, she can't be naked. She's wearing a
cowboy hat.
Now, T, you're going to put the aloe vera baby oil down.
MAN'S VOICE: Yes, I am. This has vitamin E in it.
MAN'S VOICE: Oh, that's good. Now, who's the baby oil
brought to you by? What product?
MAN'S VOICE: It's brought to you by Equate today.
MAN'S VOICE: Oh, Equate. They're very good baby oil
people. They're the best in nude Twister.
MAN'S VOICE: Squirt that thing down, hose it down.
MAN'S VOICE: By the way, ladies, just so you know, ladies,
the winner does get to go to Manhattan, Kansas for the semi-
finals.
(Laughter.)
MAN'S VOICE: And we're going to send you out in a Ramada
minivan.
MAN'S VOICE: Ooh, when did that happen? I didn't even know
we got that done.
MAN'S VOICE: Actually, I was on the phone last night til
like 3.
MAN'S VOICE: You are the man.
MAN'S VOICE: I do a lot of trade.
MAN'S VOICE: All right, now, this is how it works. T-Bone,
you're gonna line them up, since you have been the official
Twister placement guy.
MAN'S VOICE: Right.
MAN'S VOICE: All right, line them up there.
MAN'S VOICE: Okay. You two over on this side here, and --
MAN'S VOICE: You two over there. They have names, too,
Bone, okay?
WOMAN'S VOICE: Yeah, come on.
MAN'S VOICE: They're human beings, my God. Sasha, Olivia -
-
MAN'S VOICE: Don't treat them like meat.
MAN'S VOICE: -- please get over in an area that I can see.
Charity, Taylor, very good.
MAN'S VOICE: All right, everybody has been lined up. The
field is ready for play. That means you lined them up, the
order will go Rio, Sasha, Olivia, Charity, then Taylor. You
must move. If it says right hand green, and you're already
right hand green, you must switch to another green. You
must always make a move. The last one standing of course is
the winner. Anybody falls, your ass hits, you're out. You
guys ready? Ladies, are you ready?
WOMEN'S VOICES: Ready.
MAN'S VOICE: Very good, all right. Are they all oiled
down?
MAN'S VOICE: I'm getting ready to oil everybody's hands
right now, but the --
MAN'S VOICE: No, no, they're all fine. You don't have to
oil their hands. The oil's on the mat.
WOMAN'S VOICE: Nice try.
MAN'S VOICE: Nice try, dude. If there's enough oil on the
mat, why don't you step away from the women? Step away from
the girls.
MAN'S VOICE: Yeah, why don't you get away, out of my
eyesight?
(Laughter.)
MAN'S VOICE: Ladies, just a quick fun fact about nude
Twister. Because of the oil there's no friction, so be
careful when you go down. I don't want you to fall too
fast, okay? I need you to stay here for a long time.
WOMAN'S VOICE: Right.
MAN'S VOICE: All right, let's start.
MAN'S VOICE: Oh, my God. Rio, right foot yellow. She has
accomplished her goal.
MAN'S VOICE: She's very good at it. Very nice, very nice.
(Applause.)
MAN'S VOICE: Bob, you're gonna have to go a lot faster than
this.
MAN'S VOICE: Okay. Sasha, left hand blue.
MAN'S VOICE: Oh, the first bend-over. Nice job, Sasha.
MAN'S VOICE: Olivia, left hand red.
MAN'S VOICE: Olivia, oh, hey, how does that look?
MAN'S VOICE: Charity, left hand yellow. This is happening,
baby.
MAN'S VOICE: Yeah, it is. This is starting to work. This
is starting to go now.
MAN'S VOICE: Taylor, blue, right foot, baby.
WOMAN'S VOICE: Which one is my right?
MAN'S VOICE: Let me come over and show you. Oh, my God.
MAN'S VOICE: Dude, there's guys looking through the window.
MAN'S VOICE: Oh, look at this guy here. Who's this sleaze-
bucket? Oh, get the hell away from this.
(Laughter.)
MAN'S VOICE: Hey, Bob, Bob, Bob, come back and spin.
WOMAN'S VOICE: The show's in progress.
MAN'S VOICE: Come back and spin. He's holding stuff over
the window.
MAN'S VOICE: Well, who is that guy?
MAN'S VOICE: It's okay if they look.
MAN'S VOICE: No, it's not.
MAN'S VOICE: Why not?
MAN'S VOICE: This isn't the NBC Today Show.
(Laughter.)
MAN'S VOICE: My God, they're kind enough to come down here
and get nude.
MAN'S VOICE: Spin!
MAN'S VOICE: Oh, shut up.
MAN'S VOICE: Spin, Bob, spin!
MAN'S VOICE: Left hand yellow, Rio.
MAN'S VOICE: Oh, there's Rio bending over.
MEN'S VOICES: Aaah.
WOMAN'S VOICE: Nice shot for me.
MAN'S VOICE: And Taylor's (inaudible).
MAN'S VOICE: Okay, slap someone's ass, yellow. No, I'm
teasing. Sasha, right hand green. Olivia, blue, right
foot.
MAN'S VOICE: Oh, see, we've got some movement.
MAN'S VOICE: Charity, red foot yellow.
WOMAN'S VOICE: Red foot yellow?
MAN'S VOICE: Oh-oh, now see, we're starting to get a little
contact, girl-on-girl contact now.
MAN'S VOICE: I am getting a little nervous. Yeah, Taylor,
blue, left hand.
MAN'S VOICE: Oh, look at that. Now, see, Taylor is up next
to Charity's right breast.
MAN'S VOICE: This is perfect.
MAN'S VOICE: And she could reach over and actually lick her
on the nipple.
MAN'S VOICE: Yeah, Rio --
WOMAN'S VOICE: And her head is close to Rio's butt.
MAN'S VOICE: Oh, yes.
MAN'S VOICE: Rio, you're now going for bonus points, okay?
All feet on me. I'm sorry, that's wrong. Right hand
yellow, Rio.
MAN'S VOICE: Right hand yellow.
WOMAN'S VOICE: Oh, scratch. You've got to go clear over.
MAN'S VOICE: You must move. You must move.
(Simultaneous talking.)
MAN'S VOICE: Yeah, you can. Please, we encourage you using
the same space someone else is in. I'm a guy.
Okay, red, right foot.
WOMAN'S VOICE: Their name's not red.
MAN'S VOICE: I have a boner.
(Laughter.)
MAN'S VOICE: I'm gonna be honest. I'm sorry. Sasha, it's
left foot green now.
MAN'S VOICE: Oh, let's see where Sasha moves now.
MAN'S VOICE: Olivia.
MAN'S VOICE: You've got to get that in.
WOMAN'S VOICE: Ooh, a cross-over.
MAN'S VOICE: Oh, nice cross, Sasha. Ooh.
MAN'S VOICE: Olivia from Temptations, left foot red.
MAN'S VOICE: Olivia!
MAN'S VOICE: Left foot red, Olivia.
MAN'S VOICE: Come on, you can do it. Oh, hello!
MAN'S VOICE: People, people who need people.
MAN'S VOICE: Wow, that just got real open.
MAN'S VOICE: Charity, left foot green. Charity, do you
need some help? I can come over there.
WOMAN'S VOICE: I have a triple-butt shot.
MAN'S VOICE: We also need to keep talking about which club
they're from, cuz I want people to understand who's more
limber, who's --
MAN'S VOICE: Taylor, actually, from Whispers, is going to
go right hand green right now. Taylor from Whispers, why
don't we go ahead and make that happen? Oh, yeah.
MAN'S VOICE: Taylor's making -- oh.
MAN'S VOICE: She's a little closer into the action.
MAN'S VOICE: Every girl is bent over right now. They're
all down there.
MAN'S VOICE: This is very exciting. Rio, you're going to
have to go right hand green now.
MAN'S VOICE: Oh, she'll never make that. Did she do it?
MAN'S VOICE: She did it, baby. She's a professional.
MAN'S VOICE: Oh, my God. There's three asses right in a
row, all touching, all sticking up in the air.
MAN'S VOICE: Okay, Olivia from Temptations, very exciting,
left foot yellow.
MAN'S VOICE: Left foot, can she make it? Olivia, can you
do it?
MAN'S VOICE: She almost, she's getting there.
WOMAN'S VOICE: Oh, no.
MAN'S VOICE: Oh, no! Oh, my God! Ohhh.
MAN'S VOICE: Oh, Olivia's out of the game.
MAN'S VOICE: Olivia's out of the game.
WOMAN'S VOICE: Nice job, though.
MAN'S VOICE: Nice job, though, Olivia. Nice job.
MAN'S VOICE: Well, Olivia is the first one out of the game.
MAN'S VOICE: Olivia, stand up. Stand up.
MAN'S VOICE: As your parting gift I'll have to wipe you
down.
MAN'S VOICE: Come over here, come over to the mike. What
happened there, Olivia? What happened?
MAN'S VOICE:Did you feel the pressure?
WOMAN'S VOICE: It got slippery.
MAN'S VOICE: And you couldn't make it any more? You didn't
feel like you could keep going?
WOMAN'S VOICE: It got slippery, man.
MAN'S VOICE: That's why there's baby oil.
MAN'S VOICE: Now, in your profession, that's dangerous.
MAN'S VOICE: That is dangerous. Because the stage is
normally dry.
WOMAN'S VOICE: Yes.
MAN'S VOICE: And the pole is normally wiped down.
WOMAN'S VOICE: Yes, every time.
MAN'S VOICE: But this is another degree of difficulty,
isn't it?
WOMAN'S VOICE: This is out of control.
MAN'S VOICE: Very good. Olivia from Temptations, thank you
very much. Nice job, nice job. She's gonna put her clothes
on. We still have who left?
MAN'S VOICE: Well, we're very excited, we're going down now
to Charity. Charity, we're going to have to go left hand
yellow now, Charity. Charity? Oh, yeah.
MAN'S VOICE: Oh, yeah.
MAN'S VOICE: Yeah, that's nice.
MAN'S VOICE: Charity's nipples are hard. Segment 2: April 29, 2002 at approximately 8:40 a.m.
MAN'S VOICE: Dave Cummings, porn star/producer/director, is
a very unique adult film star, so his biography says. He
was almost 55 years old before he launched his acting
career. Now over 61, Dave Cummings is regarded as a major
adult porn star who has appeared in over 200 adult films,
and who is known internationally as a stud who possesses
unlimited sexual stamina.
This is creepy cuz he's old. He's almost bald, a
little overweight, and he was in such movies as The Big
Feast, Papparazzi, Tales of Perversity, Anal Gateway,
Grandpa Dave's Bedtime Tales, We Go Deep, Number Nine, Sugar
Daddies, Porno Gothic, Second Wives' Club, Filthy First
Timers, Eat at Dave's, Screw my Wife Please. He was the
star in all of those, and he's with us right now. Big Dave
Cummings, what's going on, man?
MAN'S VOICE: Hey, good morning, folks. How you doing?
MAN'S VOICE: Nice to have you on the show this morning.
MAN'S VOICE: Hey, I'm glad to be here. I remember being on
this show before; it was fun.
MAN'S VOICE: Yeah, I think we talked to you when you were
just starting to get into it. Now, how has it been as far
as the movies go? You're still doing all the movies.
You're the world's oldest active porn star.
MAN'S VOICE: Actually, I'm up to about movie 310 or 315,
and I've been in about 525 sex scenes. It's been over six
years since I started. I'm 62 now.
MAN'S VOICE: Happy birthday, by the way.
*****
MAN'S VOICE: You run into Ron?
MAN'S VOICE: Hey, in fact, on a week from Saturday, on May
11, Ron and I are signing autographs together at Dr. Love's
Bookstore here in San Diego, for a big party that they have
here every year.
I got to tell you, Ron and I do the countdown. I
did it the other day; in fact, it was yesterday I did it.
Where you have the girl count down from 20 to one, we do the
money shot right on zero. The last time Ronny and I were --
no, it wasn't the last time. But one other time Ronny and I
were both playing doctors treating a girl for slutitis.
MAN'S VOICE: Oh, my God.
MAN'S VOICE: And we did the money shot. And on zero, the
last time, though, Ronny was looking like he was putting the
Ronny grip on himself. And I looked on up, and I said man -
- he was in the bottom portion, and I was on the head
portion -- and I said, I'd better get out of the way, or I'm
gonna get hit. And I moved my leg out of the way just in
time.
(Laughter.)
MAN'S VOICE: I mean, we weren't exactly on zero that time,
but we were only a second or two off.
(Laughter.)
*****
MAN'S VOICE: If she [my ex-wife] watches the movies, she
doesn't tell me she's watching the movies. And I don't care
if she watches or not. All I care about is who's the next
girl.
In fact, I'm sitting here right now going through
the 302 emails I got overnight. And there's one of them
from a photographer that I worked for yesterday doing a 19-
year-old girl for an internet site.
MAN'S VOICE: Right.
MAN'S VOICE: And oh, is she gorgeous. And I'm doing her
Friday afternoon, too.
MAN'S VOICE: I'm doing her Friday afternoon. For what
movie will that be?
MAN'S VOICE: It's gonna be a Knee Pad Nymphos Number Four.
MAN'S VOICE: Oh, okay. You've been in all the Knee Pad
Nymphos.
MAN'S VOICE: You know, almost every major girl has been in
the first three. I even did a scene with Shana McCullough,
porn legend superstar, in a peep-show booth at a local dirty
bookstore recently.
WOMAN'S VOICE: Oh, Dave.
MAN'S VOICE: You know, everybody's fantasy is being in one
of those places and have a porn girl walk in and do you?
Well, that's what we did.
WOMAN'S VOICE: Is that everybody's fantasy?
MAN'S VOICE: Well, it's a lot of guys'. You know, it's
like the guys that are fantasizing about going into a
massage parlor and having the girl jump on him. And that's
what yesterday's photo shoot was all about.
MAN'S VOICE: Now, what have you got coming up? I know you
got to bang that girl on Friday. Throughout this week,
though, Monday, Tuesday, Wednesday, Thursday.
MAN'S VOICE: Wednesday I'm doing something called, I don't
know if I can say this word. I guess I can. It's the 2002
Wildlife Productions Anal Contest.
MAN'S VOICE: Oh, yeah, you can say contest.
MAN'S VOICE: Okay. So we've got five girls. I play the
judge. Ronny, in fact, is the emcee, Ron Jeremy, for that
thing.
MAN'S VOICE: Uh-huh.
MAN'S VOICE: Now, the last time we did one, we did one a
couple years ago, same thing. He was the emcee, I was the
judge. He and I both end up having sex with the trophy
girl, and then one of the contestants yells over, "Daddy,
come do me, Daddy, come do me." So I had to get Ronny come
on back and do the trophy girl, while I did one of the
contestants.
MAN'S VOICE: Now, what is anal contest?
MAN'S VOICE: Well, it's just gonna be a movie, very anal-
themed.
MAN'S VOICE: Yeah, I'm getting that.
MAN'S VOICE: And the girls all picked a name out of a hat
of one of the guys, and then they get a half an hour to do a
sex scene, while we judges, including Cindy Cox, she's one
of the judges, she and I play around there at the judges'
table a little bit, we watch the scene. And then we vote,
and afterwards the winners win $1500 in addition to their
normal $1,000 fee for doing it.
MAN'S VOICE: Well, $1500 extra to have a guy pound you in
the wazoo. I can't see how you can turn that down.
MAN'S VOICE: Hey, listen, I gotta tell you, I'm putting the
word out that the judge can possibly be bribed, though when
it comes to the voting time he's gonna be objective. But it
might not be a bad idea to be in good with the judge.
MAN'S VOICE: Now, what is the voting criteria at an anal
contest like that?
MAN'S VOICE: Enthusiasm, the different positions --
MAN'S VOICE: Lack of screaming?
WOMAN'S VOICE: Enthusiasm?
MAN'S VOICE: Yeah, you know, but we want real stuff. We
don't want the fake stuff, we want reality.
MAN'S VOICE: Well, see, if you did reality, you know what
it would be? It would be like this. "You get out of my
ass, please. Will you please take that out of my ass?"
MAN'S VOICE: You'd think we were at a farm with a bunch of
pigs squealing.
MAN'S VOICE: Yeah, reality is the girl making a dolphin
noise and shooting off into the side of the room. Ah, wooh!
If you try that again you're a dead man.
Segment 3: May 2, 2002 at approximately 8:45 a.m.
MAN'S VOICE: Are you ready to bring on the star of the
show? Johnny Dare right now with a special Johnny Dare
guest.
MAN'S VOICE: Ron Jeremy. Now, Ron Jeremy is going to be on
this phone here, but we've got a list of his credits.
MAN'S VOICE: That's right, all the movies he's been in.
The legend of Ron Jeremy. Fugli, Fluffer, the Big-Boobed
Bum Cake, Reindeer Games, Rear-day Games, Slut Bums and
Housewives, Detroit Rock City, Booty Duty -- can't say that
one -- Humpkin Pie, Back-Door Imports, Nasty-Pants, Fillmore
Butts Hawaiian, and Anal Adventure, Sergeant Pecker's Lonely
Heart Club's Gang Bang, okay, Snatchmasters, starring Arnold
Schwarzenegger --
MAN'S VOICE: (Schwarzenegger impression.)
MAN'S VOICE: What a nice girl like you is doing in an anal
movie, what's a lesbian doing in my private movie, What's
Up, Tiger Puddin, Big Boobs in Buttsville, and many, many
more. Like Luigi's Butt Party, Tracy Lord's the E True
Hollywood Story, Wad, the Life and Times of John C. Holmes,
Crackpot and Everything. And also Orgasmo, Meet Wally
Sparks, Anal Jeopardy, and many, many more, such as Bums Who
Blow, Cream of my Melons, Jiggly Queen -- can't say that
one, can't say that one -- Gin Game Oriental Love Bang, Anal
Owl Adventures, and many more, all fun for the kids.
MAN'S VOICE: Ron Jeremy is here with us right now. Ron,
welcome back to the show, man. How are you?
WOMAN'S VOICE: Hi, Ron, how are you?
RON JEREMY: Hi, you guys, it's great to be here.
*****
MAN'S VOICE: That would be you. But Ron, you do have a
giant penis.
RON JEREMY: Well, I don't know. It's trick photography.
*****
MAN'S VOICE: Dude, you're the king, Ron. You're the king
of all porn, man.
RON JEREMY: Well, I try and do some things, you know.
MAN'S VOICE: How many different movies you been in?
RON JEREMY: Porn? About 1,700.
MAN'S VOICE: That's a lot of porn.
RON JEREMY: I've had 1,701 women in my whole life. One
girl actually liked me.
MAN'S VOICE: I think people actually like you, though,
because you're the hedgehog of love. You're kind of
overweight, you're --
RON JEREMY: Well, you know, I'm kind of the average-looking
guy, you know.
MAN'S VOICE: Yeah. And so guys, they don't mind seeing you
in the movies nailing the hot girls, cuz it makes it seem
more possible that we'll get --
RON JEREMY: There you go, that's exactly correct.
MAN'S VOICE: So I heard there's a school for people who
want to be a porno star. They go to like the classes or
something like that.
RON JEREMY: Yeah, right. Yeah, I want to teach this class.
Okay, guys, one, two, and one, one, two, and hold. One,
two, all the way in, one, two, and hold. Yeah, sure. We'll
do our exercises.
MAN'S VOICE: Make it look like a glazed doughnut.
RON JEREMY: Yeah, push-ups, pull-ups, and throw-ups.
(Laughter.)
MAN'S VOICE: So what do you think about these international
porno stars? Like Rocko Freaks, what is his name? Rocko --
RON JEREMY: He's a good guy. Rocko Vicente. I hung out
with him. He took me to his home and his family. He's a
good guy, actually.
MAN'S VOICE: He has a family?
RON JEREMY: He's tough. I mean, you know, certain scenes,
like he does the max hardcore or extreme, they're strong.
There's an audience for them, and some girls actually like
that, you know?
MAN'S VOICE: I guess I haven't seen this stuff. What do
you mean it's strong, Ron?
RON JEREMY: Well, you know, slapping, choking, you know.
Wrestling, that kind of stuff. Rocko's rough, that's all,
rough.
MAN'S VOICE: What he does, he takes a girl's nose and he
pinches it, and then he puts his (whistles) right in there.
RON JEREMY: The thing is, though, in Europe the films are
much stronger than they are here in America. They really
are.
MAN'S VOICE: Why is he holding her nose?
MAN'S VOICE: I don't know, because he wants her to
regurgitate on his quacky.
(Laughter.)
*****
MAN'S VOICE: Totally. I mean, it's like, you know,
sometimes there are other things. Is that his real pecker,
or is it hollow, like an Easter bunny? That is wild stuff.
MAN'S VOICE: Well, the fact that he's world-renowned, Ron
Jeremy, for being able to self-fellate, to do the full
Ronty.
RON JEREMY: Listen, I make sure that when I do that I wear
a rubber, because I don't know where he's been.
MAN'S VOICE: Can you still do that?
RON JEREMY: Well, since I got a little chunky, I can only
kiss the tip at this point.
*****
RON JEREMY: You know, Eddy Murphy did a routine about that.
MAN'S VOICE: Did he really?
RON JEREMY: Yeah. Actually it was in my documentary, but
then we couldn't get the rights, because he's very tough
about that, you know.
MAN'S VOICE: What was his routine about?
RON JEREMY: He actually mentions me. It was in front of
the Meadowlands, 18,000 people. Mike Tyson was there,
Brooke Shields. He goes, "You know, I was watching a video
that Ron Jeremy made. He could do," you know, blah-blah-
blah, he tells the whole story. He goes, "If I could do
that, I'd never leave the house." It was a funny routine,
you know.
MAN'S VOICE: That does sound just like Eddy Murphy.
RON JEREMY: A little bit.
MAN'S VOICE: So you're gonna be coming in with Anna Mall.
Now, she's a porn star. She's done a bunch of porn movies?
RON JEREMY: Yeah, she's a hot one.
MAN'S VOICE: Have you nailed her?
RON JEREMY: She gives like really powerhouse scenes. She's
known for that.
MAN'S VOICE: Have you done her?
RON JEREMY: A couple times, I think, yeah.
MAN'S VOICE: Now, all the above? I mean, three-input girl?
RON JEREMY: I don't know if I did that. I think she does,
but I'm not sure if I did it with her, though.
MAN'S VOICE: Now, when you hook up with her, because I
always wondered about porno stars.
MAN'S VOICE: He's not sure, he can't remember.
MAN'S VOICE: They'll be just like, you know, hey, what are
you doing, Anna? You want to go eat some food afterwards?
You can blow me and we'll go over there and just -- I mean,
is it that pretty casual when it's all just porn stars
sitting around?
RON JEREMY: Sometimes it really is, yeah. I mean, the sets
are very friendly. There's a lot of food, people just
hanging out. There might be some couple going at it in the
back. It's very strange, but fun, you know.
MAN'S VOICE: Does sex just break out, besides the stuff on
camera, on porn?
RON JEREMY: Once in a rare while that could happen. Like
you know, it could happen a lot like say in an orgy scene,
where you have a lot of guys and a lot of girls at the same
time just hanging out. Only they're waiting and waiting for
this scene, and they get bored. And they go, oh, just come
over here. And since that's happening, it's kind of funny
sometimes.
*****
MAN'S VOICE: Oh, yeah, I saw the one with the big, old
chick, man. She must have weighed like 500 pounds. One of
them looked like Aaron Neville's mole on her.
RON JEREMY: If a guy is doing a girl that's that big it's,
anywhere you go, it goes in.
MAN'S VOICE: Oh, yeah. And the thing is --
MAN'S VOICE: I have that movie at home. You had sex with
the fattest girl I've ever seen, so fat it's beyond --
RON JEREMY: It was called Fatliners. It's about life after
death after lunch.
MAN'S VOICE: And you couldn't tell?
MAN'S VOICE: Yeah, her puddin looked like a catcher's mitt,
dude.
RON JEREMY: All I can say is, guys, I think I had sex with
a fold for half an hour.
MAN'S VOICE: No, I'm not kidding --
RON JEREMY: I don't think I ever got to the genitalia.
MAN'S VOICE: I'm not kidding, how much did that girl weigh?
RON JEREMY: Oh, gosh, maybe about three or four hundred.
MAN'S VOICE: Oh, I think it had to be every bit of 500.
RON JEREMY: She did the Michelin woman, didn't she?
MAN'S VOICE: It was ridiculous. You know in porn movies?
In porn movies there's a close-up, you can see everything.
You couldn't tell where it was going.
MAN'S VOICE: He said he was in a fold for half an hour.
MAN'S VOICE: He could have been.
RON JEREMY: Yeah, I don't think I ever got to the genitals.
MAN'S VOICE: There was no way that his penis, even the size
of his penis, there was no way it was long enough to get
past the thighs. The thighs were so tall, he couldn't get
past them.
RON JEREMY: Well, guys, I was paid, you know.
Segment 4: May 3, 2002 at approximately 8:40 a.m.
MAN'S VOICE: In fact, we have the audio here. Dennis, I
don't know if you heard this or not. Listen to this, you
guys. We're gonna play it down the line.
Now, you had something you wanted to offer up to
T-Bone?
WOMAN'S VOICE: Yes, T-Bone. You know, my little pocket
rocket here is getting real lonely, and I need some help
with something.
WOMAN'S VOICE: Oh, no.
MAN'S VOICE: Oh, man.
MAN'S VOICE: What is it you need help with? What are you
asking?
WOMAN'S VOICE: (Laughs.) You got to put it right there.
MAN'S VOICE: Dude, your wife will off you. You'll be
divorced. Look at, she's holding it.
MAN'S VOICE: Oh, God.
MAN'S VOICE: Sunset apparently really wants you to do it
now.
WOMAN'S VOICE: Here she comes.
MAN'S VOICE: Oh, she's coming over to T-Bone. Hold on, T-
Bone, what do you want to do here, man? This is his life's
dream, because he's all into Sunset. She's already started
without you there, T.
WOMAN'S VOICE: You're taking too long.
MAN'S VOICE: What are you gonna do, man? You got to decide
right now. Your wife, you know she's listening. Sunset
Thomas, you're absolute biggest porn star that you ever --
good God almighty, I can't even look over there right now.
But here's the deal. She wants to reach the big O
apparently.
WOMAN'S VOICE: Right, right.
MAN'S VOICE: And you would have to actually do the deed.
MAN'S VOICE: With a pocket rocket.
MAN'S VOICE: I personally would say you're looking at the
big D. Is this cheating, Murphy, to you?
WOMAN'S VOICE: I don't think it's quite cheating. It's not
real good, but it's --
MAN'S VOICE: Using a marital aid on another woman is not
cheating?
WOMAN'S VOICE: But he's not touching me, he's touching the
toy.
WOMAN'S VOICE: Right.
(Applause.)
WOMAN'S VOICE: Okay, we just justified that.
MAN'S VOICE: There's logic there. And he is wearing all
his clothes, and no --
WOMAN'S VOICE: And he hasn't touched me at all.
WOMAN'S VOICE: Oh, yeah, there's nothing intimate going on.
MAN'S VOICE: Yeah, if you don't want to call that intimate.
But his clothes did not come off; therefore, another point
towards the non-cheating line.
WOMAN'S VOICE: Right.
MAN'S VOICE: You know, none of his clothes are coming off,
and he's only touching the actual vibrator, the toy.
WOMAN'S VOICE: Yeah, the toy, right.
MAN'S VOICE: And so he's not actually touching her.
WOMAN'S VOICE: No.
MAN'S VOICE: So how could he be cheating?
MAN'S VOICE: Ooh, and it's educational, too, cuz I'm doing
a service to the listeners showing if the pocket rocket
works or not.
*****
MAN'S VOICE: Are you? You're gonna go for it? You're
gonna have to instruct him while he's doing it, because he
may not know how.
WOMAN'S VOICE: Okay. Well, you got to turn it on.
MAN'S VOICE: Okay. Let's see, open -- on. There's the on
button. All right.
MAN'S VOICE: Just follow her instructions.
MAN'S VOICE: Okay.
WOMAN'S VOICE: Now I'll pull it apart for you.
MAN'S VOICE: Oh, my God.
(Laughter.)
MAN'S VOICE: Now, what's that say?
WOMAN'S VOICE: Now you see that (blanked out)?
(Yells.)
MAN'S VOICE: Easy.
WOMAN'S VOICE: Go to like right there. Right on the heel,
the heel.
WOMAN'S VOICE: Yours has a heel?
MAN'S VOICE: It's a foot long, yeah.
WOMAN'S VOICE: Now, push down.
MAN'S VOICE: Push it, like that there?
MAN'S VOICE: Oh, my God.
WOMAN'S VOICE: Yeah.
MAN'S VOICE: Oh, oh, ooh. My fingers, I feel so tingly.
WOMAN'S VOICE: Your fingers feel tingly? Oh, perfect.
MAN'S VOICE: Like that there? Oh, yeah. Like that there?
MAN'S VOICE: Oh, my God.
MAN'S VOICE: Oh, yeah.
WOMAN'S VOICE: Don't talk.
MAN'S VOICE: He is gaining confidence as he goes along.
MAN'S VOICE: Take the vibrator.
WOMAN'S VOICE: (Moaning.)
WOMAN'S VOICE: Please.
WOMAN'S VOICE: (Moaning.)
MAN'S VOICE: Why do I know I'm getting fired today? Why do
I just know?
WOMAN'S VOICE: (Panting, moaning.)
MAN'S VOICE: Are you done?
WOMAN'S VOICE: No, she's at that point where, stop it, stop
it, stop it, stop it, stop it.
MAN'S VOICE: Are you there yet?
(Laughter.)
MAN'S VOICE: Sunset, did you yet?
WOMAN'S VOICE: (Inaudible.)
ALL: Ooh!
MAN'S VOICE: Mm-hmm, now you know who's upset, Sunset.
MAN'S VOICE: You guys are great. That's
so -- you know, you got her started, and listen, listen.
Quiet, just quiet for a second.
WOMAN'S VOICE: (Moaning.)
MAN'S VOICE: What's that?
MAN'S VOICE: Don't stop, just go ahead.
MAN'S VOICE: Yes, she's doing it. T-Bone, she's doing it.
WOMAN'S VOICE: Oh, T-Bone. Oh.
MAN'S VOICE: Is this guy married?
WOMAN'S VOICE: Mmm, mmm, I want T-Bone here right now.
MAN'S VOICE: She reached in the drawer and grabbed the
heavy equipment, with the three C-cell batteries.
MAN'S VOICE: You know, T-Bone's really enjoying the sex.
And if you want to go ahead and finish, you go right ahead.
We got time.
WOMAN'S VOICE: Okay. (Moaning, panting.) I want someone
to talk nasty to me.
MAN'S VOICE: T-Bone, she wants you to talk nasty to her.
WOMAN'S VOICE: Tell me how bad you want it, baby.
MAN'S VOICE: How bad do I want it? Oh, I don't know where
to begin. So what are you wearing right now? What have you
got on?
WOMAN'S VOICE: Nothing.
MAN'S VOICE: Nothing?
WOMAN'S VOICE: Mm-hmm.
MAN'S VOICE: Okay, okay. Focus, focus, focus, focus.
MAN'S VOICE: Oh, geez, you scared the hell out of me just
then.
MAN'S VOICE: Focus, focus. All right, talk nasty to you?
Do you want me to pull on your hair just a little bit?
WOMAN'S VOICE: Oh, yeah, yank on my hair.
MAN'S VOICE: Okay, I'm pulling your hair. I got my hand on
the back of your head.
WOMAN'S VOICE: Oh, spank my butt, too.
MAN'S VOICE: Spank your butt? Like this?
WOMAN'S VOICE: Yes.
MAN'S VOICE: Do you want it harder?
WOMAN'S VOICE: Yeah.
MAN'S VOICE: Harder?
WOMAN'S VOICE: Harder.
MAN'S VOICE: Yeah!
WOMAN'S VOICE: Oh, yeah.
MAN'S VOICE: I'm gonna leave big, old welts on your butt.
Yeah, you're gonna have my imprint all over your butt, and
you're gonna know T-Bone was there.
WOMAN'S VOICE: Oh, yeah.
MAN'S VOICE: Huh? Huh?
WOMAN'S VOICE: Oh, yeah.
MAN'S VOICE: Give it up, babe. Give it up.
WOMAN'S VOICE: (Moaning.) Ooh, yeah.
MAN'S VOICE: Oh, yeah. Oh, geez. Do you like it when I
pinch on you? I'm giving you some pinches on the thigh.
MAN'S VOICE: Hey, stop! What?
MAN'S VOICE: She told me to talk dirty to her.
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)
Medical Implant Device 500 Employees or Fewer
Manufacturers
Hospitals $29 Million in Annual Receipts
or Less
Nursing Homes $11.5 Million in Annual
Receipts or Less
Hotels and Motels $6 Million in Annual Receipts
or Less
Tower Owners (See Lessee's Type of Business)
STATEMENT OF
COMMISSIONER MICHAEL J. COPPS,
CONCURRING
Re: Entercom Kansas City License, LLC, Licensee of Station
KQRC(FM), Leavenworth, KS, and Entercom Wichita
License, LLC, Licensee of Station KFH(AM), Wichita, KS,
Notice of Apparent Liability for Forfeiture
I concur in the decision to find these broadcasts
indecent in violation of the statute. I disagree with the
majority's conclusion that we are precluded from issuing a
fine for each indecent utterance within a broadcast because
we had not provided adequate notice. In this case, I
believe the Commission could have found multiple violations
and assessed a larger fine.
SEPARATE STATEMENT OF
KEVIN J. MARTIN
APPROVING IN PART, CONCURRING IN PART
Re: Entercom Kansas City License, LLC, Licensee of Station
KQRC(FM), Leavenworth, KS, and Entercom Wichita License,
LLC, Licensee of Station KFH(AM), Wichita, KS, Notice of
Apparent Liability for Forfeiture (September 22, 2004)
Consistent with my past statements, I believe we should
be fining broadcasters on a ``per utterance'' basis.63 In
this instance, we could have found several violations within
the broadcasts at issue and therefore could have assessed a
larger fine.
_________________________
1 47 U.S.C. § 503(b); 47 C.F.R. § 1.80.
2 Both licensees are owned and controlled by Entercom
Communications Corp.
3 Letter from Maureen F. Del Duca, Chief, Investigations and
Hearings Division, Enforcement Bureau, FCC to Entercom
Kansas City License, LLC, licensee of Station KQRC-FM,
Leavenworth, Kansas dated December 23, 2003.
4 Letter to William Knowles-Kellett, Esq., Investigations
and Hearings Division, Enforcement Bureau, from Brian M.
Madden, Esq., dated February 11, 2004 (``Response''), at 2.
5 Id. at 8.
6 Id. at 9.
7 Id. at 11.
8 Id. at 7, n.3.
9 Id. at 12-13.
10 See 47 U.S.C. § 326.
11 18 U.S.C. § 1464.
12 Public Telecommunications Act of 1992, Pub. L. No. 102-
356, 106 Stat. 949 (1992); Action for Children's Television
v. FCC, 58 F.3d 654 (D.C. Cir 1995), cert. denied, 516 U.S.
1043 (1996) (``Act III'').
13 U.S. CONST., amend. I; Action for Children's Television
v. FCC, 852 F.2d 1332, 1344 (D.C. Cir. 1988) (``ACT I'').
14 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 ACT I, 852 F.2d at 1339; 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''); ACT
III, 58 F.3d 654.
15 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 the people may say and hear.'');
ACT I, 852 F.2d at 1340, n.14 (``the potential chilling
effect of the FCC's general definition of indecency will be
tempered by the Commission's restrained enforcement policy
16 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)).
17 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).
18 See ¶¶ 9-13 infra.
19 Response at 10-11.
20 Indecency Policy Statement, 16 FCC Rcd at 8002, ¶ 9
(emphasis in original).
21 Id. at 8002-15, ¶¶ 8-23.
22 Id. at 8003, ¶ 10.
23 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)).
24 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'').
25 Segment 1, infra, at 11.
26 Id.
27 Id.
28 Id. at 13.
29 Id. at 14-15.
30 See, e.g., Infinity Broadcasting Operations, Inc.
(WNEW(FM)), Notice of Apparent Liability for Forfeiture, 17
FCC Rcd 10665 (EB 2002) (``Teen Guess What's in My Pants''
segment, which involved on-air hosts listening to a caller
rubbing a phone receiver over her pubic area while guessing
her ``hairstyle,'' found to be patently offensive).
31 Indecency Policy Statement, 16 FCC Rcd at 8002-04, ¶¶ 9-
12 (2001).
32 Segment 2, infra, at 16.
33 Id. at 17.
34 Id.
35 Id.
36 Infinity Broadcasting Operations (WKRK-FM), Notice of
Apparent Liability for Forfeiture, 19 FCC Rcd 5032 (2004);
State University of New York (WUSC-FM), 8 FCC Rcd 456
(1993), forfeiture reduced, 13 FCC Rcd 23810 (1998)
(forfeiture paid).
37 Segment 3, infra, at 19.
38 Id. at 18.
39 Id. at 19.
40 Id. at 20.
41 Id.
42 Id.
43 Id.
44 Id.
45 Segment 4, infra, at 22.
46 Response at 11.
47 Id.
48 Id. at 23.
49 See Indecency Policy Statement at 8002, ¶ 8 and n. 15.
50 See WPBN/WTOM License Subsidiary, Inc. (WPBN-TV/WTOM-TV),
Memorandum Opinion and Order, 15 FCC Rcd 1838, 1841 (2000).
51 See Act III, 58 F.3d at 660-663.
52 521 U.S. 844 (1997).
53 122 S. Ct. 1389 (2002).
54 See, e.g., FCC v. Pacifica, 438 U.S. 726; ACT III, 58
F.3d 654; ACT I, 852 F.2d 1332.
55 See Infinity Broadcasting Operations, Inc., Forfeiture
Order, 18 FCC Rcd 26360, 26362 ¶ 5 and n. 8 (2003).
56 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).
57 Forfeiture Policy Statement, 12 FCC Rcd at 17110.
58 On September 27, 2002, the Commission released a
Forfeiture Order in the amount of $12,000 against Entercom
Seattle License, LLC, licensee of Station KNDD(FM), Seattle,
Washington, for broadcasting indecent material, in willful
and repeated violation of 18 U.S.C. § 1464 and 47 C.F.R. §
73.3999. See Entercom Seattle License, LLC, Forfeiture
Order, 17 FCC Rcd 18347 (EB 2002), review denied, Memorandum
Opinion and Order, 19 FCC Rcd 9069 (2004) (petition for
reconsideration pending). Entercom and Entercom Seattle
License, LLC, are both wholly owned subsidiaries of Entercom
Communications Corp.
59 Forfeiture Policy Statement, 12 FCC Rcd at 17110; 47
C.F.R. § 1.80. The Commission amended its rules to increase
the maximum penalties to account for inflation since the
last adjustment of the penalty rates. The revised amounts
apply to violations that occur or continue after November
13, 2000. See Amendment of Section 1.80(b) of the
Commission's Rules and Adjustment of Forfeiture Maxima to
Reflect Inflation, Order, 15 FCC Rcd 18221 (2000).
60 See Entercom Sacramento License, LLC (KRXQ-FM), Notice of
Apparent Liability for Forfeiture, 19 FCC Rcd 20129 (2004)
(response pending); Infinity Broadcasting Operations,
Inc.(WKRK-FM), Forfeiture Order, 18 FCC Rcd 6915, 6919, ¶ 13
(2003); AMFM Radio Licenses LLC (WWDC-FM), Notice of
Apparent Liability for Forfeiture, 18 FCC Rcd 19917, ¶16
(2003) (forfeiture paid).
61 47 C.F.R. § 1.80.
62 See 47 C.F.R. § 1.1914.
63See, e.g., Separate Statement of Commissioner Martin,
Infinity Broadcasting Operations, Inc., Licensee of Station
WKRK-FM, Detroit, Michigan, Notice of Apparent Liability, 18
FCC Rcd. 6915, 6939 (2003) (urging the Commission to fine
violators ``per utterance'').