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                                   Before the

                       Federal Communications Commission

                             Washington, D.C. 20554


                                                 )                           
     In the Matter of                                                        
                                                 )                           
     Complaints Against Various Licensees                                    
     Regarding Their Broadcast of the Fox        )   File No. EB-03-IH-0162  
     Television Network Program "Married By                                  
     America" on April 7, 2003                   )                           
                                                                             
                                                 )                           


                               FORFEITURE ORDER  

   Adopted: February 21, 2008    Released: February 22, 2008

   By the Commission:

   I.  INTRODUCTION

    1. In this Forfeiture Order, issued pursuant to section 503 of the
       Communications Act of 1934, as amended, and section 1.80 of the
       Commission's rules,  we find that the FOX Television Network stations
       listed in Attachment A, infra, broadcast indecent material during an
       episode of the program "Married By America" on April 7, 2003, in
       willful violation of 18 U.S.C. S: 1464 and section 73.3999 of the
       Commission's rules. Based on our review of the facts and circumstances
       in this case, we conclude that the licensees of these stations are
       liable for a forfeiture in the amount of $7,000 per station.

   II.  BACKGROUND

    2. "Married By America" was a weekly, hour-long "reality-based" program
       that was carried on the FOX Television Network in the spring of 2003.
       It featured several single adults who agreed to be engaged to and
       potentially marry each other, even though they had never previously
       met. The April 7, 2003 episode of the program focused on Las Vegas
       bachelor and bachelorette parties for two couples that featured
       sexually oriented entertainment provided by male and female strippers.
       Following the broadcast, the Commission received complaints alleging
       that the "Married By America" episode contained indecent material.
       After reviewing the complaints and a videotape of the subject episode,
       the Enforcement Bureau directed a letter of inquiry to TVT License,
       Inc., licensee of Station WTVT(TV), Tampa, Florida, seeking further
       information about the episode. By letters dated August 11 and
       September 9, 2003, FOX Entertainment Group, Inc. ("FEG") responded to
       the LOI.  In its LOI responses, FEG identified the licensees of 169
       FOX Television Network Stations that had aired the April 7, 2003
       episode prior to 10:00 p.m. FEG maintained that the "Married By
       America" episode in question did not contain descriptions or
       depictions of sexual or excretory organs or activities and, even if it
       did, the material was not patently offensive as measured by
       contemporary community standards for the broadcast medium.

    3. On October 12, 2004, the Commission released the NAL, finding that the
       material at issue apparently violated the broadcast indecency
       standard. Applying its two-prong indecency analysis, the Commission
       first found that the material depicted sexual or excretory organs or
       activities. The Commission then concluded that the material satisfied
       the second prong of the indecency analysis, finding it patently
       offensive as measured by contemporary community standards for the
       broadcast medium. Looking to the three principal factors in our
       contextual analysis, we first determined that the material presented
       in the episode was "sufficiently graphic and explicit to be indecent."
       Turning to the second principal factor in our patent offensiveness
       inquiry, whether the material dwells on or repeats at length
       depictions or descriptions of sexual or excretory organs or
       activities, the Commission rejected FOX's claim that the sexual
       material in the episode is fleeting, instead finding that the sexual
       matter is plainly dwelled upon. Finally, the Commission concluded that
       the material was pandering and titillating, explaining, among other
       things, that "[t]he episode depicts the prolonged appearance of
       strippers attempting to sexually arouse the party-goers . . . . "

    4. Accordingly, the NAL found the licensees of 169 stations that
       broadcast the episode apparently liable for forfeitures in the amount
       of $7,000 per station for broadcasting indecent material, in apparent
       willful violation of 18 U.S.C. S: 1464 and section 73.3999 of the
       Commission's rules. In response to the NAL, numerous letters and
       pleadings were filed with the Commission.

   III.   DISCUSSION

    5. Respondents raise multiple arguments, each of which is discussed
       below. Generally, they assert that the subject episode of "Married By
       America" is not actionably indecent under the Commission's prevailing
       indecency standard. Respondents further contend that, even if the
       episode is actionably indecent, the FOX Affiliates against whom the
       NAL was directed should not be sanctioned for having broadcast the
       program. Moreover, they argue that the Commission's indecency standard
       is unconstitutional on its face and as applied in the NAL. We reject
       these arguments, but, for the reasons noted above, confine our
       forfeiture action to those stations about which we received
       complaints.

   A. Application of Indecency Test to "Married By America"

    6. Respondents collectively argue that the NAL should be rescinded
       because the episode in question of "Married By America" does not
       satisfy the Commission's indecency test. In this regard, Respondents,
       such as FOX/Affiliates Group, argue that the subject bachelor and
       bachelorette scenes included no descriptions or depictions of sexual
       organs or activities, and, even if they did, the material was not
       presented in a context that could reasonably be construed as patently
       offensive because the material was not explicit or graphic; the
       episode did not dwell on or repeat any indecent material; and the
       broadcast did not pander to, titillate, or shock the audience. We
       reject Respondents' arguments.

    7. Before addressing these arguments in detail, however, it is
       instructive to briefly summarize the material in question.  The
       program focuses on a bachelorette party for two brides-to-be and a
       separate bachelor party for the would-be grooms.  It depicts various
       scenes from the two parties, each of which features sexually oriented
       entertainment provided by nude or semi-nude female and male
       "strippers."  In one of the first scenes of the bachelorette party, a
       male stripper wearing pants and no shirt performs on top of a woman
       wearing a miniskirt who is lying on her back on the floor.  From the
       rear, the camera shows him thrusting his crotch into her face and then
       moving down her body toward her upper thighs, where whipped cream is
       shown on her bare legs just below her crotch.  He places his face
       directly above the spot, apparently to lick off the whipped cream. 
       Then, another woman is shown kneeling behind a topless male stripper,
       her hands smearing whipped cream on his stomach.  The dancer is then
       shown from the front, wearing only shorts, holding the woman's hand by
       the wrist and moving it down his chest and stomach towards his crotch,
       apparently about to place her hand in his shorts.  One of the
       brides-to-be is shown placing her lips over a stripper's nipple, which
       is covered in whipped cream. 

    8. Meanwhile, at the bachelor party, two female strippers arrive. 
       Initially, they are wearing tops but their buttocks are pixilated,
       presumably to obscure portions of their buttocks as well as the
       g-strings that cover their genitals.  The camera shows close-ups of
       their stomachs, crotches and hips as they dance and remove their
       clothing.  One of the grooms-to-be is shown from above and behind,
       sitting on a couch without his shirt as the two performers, now
       topless, straddle him, apparently kissing one another as a female
       voice sings seductively in the background.  On the voice-over, the
       groom-to-be states the strippers' names and informs the audience that
       they are sisters.  He also informs the audience that they removed his
       shirt and pants, and he is then shown on all fours on the floor.  The
       two strippers, who are clad only in thongs (their breasts are
       pixilated), remove his pants.  One kneels beside him as the other
       spanks him from behind with a whip or a belt.  He is finally shown
       lying on his back, shirtless, with the two strippers above him
       caressing his chest. 

    9. Back at the bachelorette party, a female stripper arrives.  She sits
       on the laps of the two brides-to-be and kisses one.  She is then shown
       lying topless on a couch, cupping her breasts with her hands as a
       bride-to-be straddles her.  The other bride-to-be states that they
       both had fun with the stripper.  "I was touching her.  Jill was
       touching her.  I licked the whipped cream off her..."  The first
       bride-to-be- is then shown leaning over the stripper, who is again
       lying on the couch cupping her breasts, this time with whipped cream
       on her chest and stomach.  The bride-to-be's face moves up from the
       stripper's breasts toward her mouth as both women stick out their
       tongues, apparently about to kiss.  The other bride-to-be's refusal to
       engage in this same activity engenders hard feelings between the two
       brides-to-be, but she observes that she "didn't have to lick whipped
       cream off her stomach or her boobs." 

   10. The program then returns to the bachelor party as one groom-to-be
       retires to a back room with one stripper (who is again shown wearing a
       top and with pixilated buttocks) while the other groom-to-be receives
       a lap dance.  As he describes his reluctance to engage in such
       activity in the voice-over, a stripper is shown straddling him on the
       couch, thrusting her crotch toward his, and removing her top (again,
       her breasts are pixilated) so that her breasts are a foot or so from
       his face.  The scene ends with one of the grooms-to-be, who is shown
       kissing one of the strippers, stating that there's "nothing wrong with
       kissing a stripper before you're married. Kissing a stripper after
       you're married, that's when the trouble begins."  

   11. Indecency findings involve two fundamental determinations. First, the
       material alleged to be indecent must fall within the subject matter
       scope of our indecency definition, i.e., "the material must describe
       or depict sexual or excretory organs or activities." The material
       contained in the episode in question clearly described or depicted
       sexual activities and sexual organs. With respect to sexual
       activities, the scenes at issue contained depictions or descriptions
       of a myriad of activities designed to stimulate sexual arousal,
       including, among other things, the massaging and caressing of naked
       chests and stomachs, the thrusting of a male stripper's crotch into a
       woman's face, a topless female stripper performing a lap dance for one
       of the grooms-to-be, the licking of whipped cream off of naked
       "stomachs" and "boobs," a topless female stripper spanking with a whip
       or a belt the buttocks of a topless man who is on all fours, two
       topless female strippers kissing while straddling a shirtless man, and
       a female stripper cupping her own bare breasts and puckering her lips.
       Respondents' suggestion that the Commission's indecency definition is
       limited to the specific act of sexual intercourse finds no support in
       our precedent or in common sense. By any reasonable definition, many
       of the activities depicted and described at the bachelor and
       bachelorette parties constitute sexual activities. The scenes at issue
       also depicted sexual organs. While it is true that the nude female
       breasts and buttocks shown were pixilated, the Commission has never
       held that the full exposure of sexual or excretory organs is required
       to satisfy the first prong of the broadcast indecency standard.

   12. We also find that, in context and on balance, the complained-of
       material is patently offensive as measured by contemporary community
       standards for the broadcast medium. Turning to the three principal
       factors in our contextual analysis, we first examine whether the
       material was explicit and graphic. Here, we reject Respondents' claims
       that the material was not explicit or graphic. To be sure, the
       pixilation of the female strippers' naked breasts and buttocks does
       render the material less explicit and graphic than it would have been
       in the absence of pixilation. However, the material is still
       sufficiently graphic and explicit to support an indecency finding. As
       discussed above, the party scenes were graphic in their depictions of
       strippers luring partygoers into engaging in sexual behavior. For
       example, they included the thrusting of a male stripper's crotch into
       a woman's face, a topless female stripper performing a lap dance for
       one of the grooms-to-be, a topless female stripper spanking with a
       whip or a belt the buttocks of a topless man who is on all fours, and
       a female stripper cupping her own bare breasts and puckering her lips.
       The fact that isolated body parts were "pixilated" did not obscure the
       overall graphic character of the depiction. The mere pixilation of
       sexual organs is not necessarily determinative under our analysis
       because the material must be assessed in its full context. Here,
       despite the obscured nature of the nudity, it is unmistakable that the
       partygoers are participating in sexual activities and that sexual
       organs are being exposed. Likewise, the fact that the scenes were
       carefully edited so that the camera cut away an instant before, for
       example, a bride-to-be licked a male stripper's whipped cream-covered
       nipple or locked tongues with a female stripper, does not prevent a
       finding that the scenes were sufficiently graphic and explicit to
       support a finding of patent offensiveness. Despite a few missing
       pieces of the visual jigsaw puzzle, a child watching this program
       easily could discern that partially nude adults are attending a party
       and participating in sexual activities.

   13. We also reject Respondents' claims that the material was fleeting.
       While FOX/Affiliates Group argues that the strippers' images that the
       Commission found to be offensive appeared on screen for a mere 10.5
       seconds, the party scenes in this episode contain persistent sexual
       activities and run for six minutes, which is not fleeting as we have
       construed that term. Indeed, the scenes in question were imbued
       throughout with highly charged sexual content. Moreover, a central
       point of the entire episode -- indeed the very drama which
       FOX/Affiliates Group insists the party scenes were intended to evoke
       -- centered on whether the participants could be enticed into engaging
       in sexual conduct with male and female strippers.

   14. Finally, we find that the material, in context, was presented in a
       pandering and titillating manner. Indeed, the whole point of the
       strippers' performances appears to be to titillate the brides- and
       grooms-to-be, and, by extension, the audience. Furthermore, in
       context, it is clear that the sexual activities were presented not to
       educate or inform but to arouse the participants and the viewers.
       Among other things, the episode depicted a topless female stripper
       spanking with a whip or a belt the buttocks of a topless man who is an
       all fours, a topless female stripper lying on a couch, cupping her
       breasts with her hands as a woman straddles her, two topless female
       strippers, who are characterized as sisters, straddling a shirtless
       man and kissing one another as a female voice sings seductively in the
       background, and those same strippers caressing the chest of the same
       shirtless man. This series of events and the others recounted above
       were clearly presented in a pandering and titillating manner.

   15. Contrary to FOX/Affiliate Group's contentions, we did not in the NAL
       and are not here paying "lip service" to the importance of context in
       making an indecency determination. Indeed, it is in large part because
       of the context in which the material in question was presented that we
       conclude that the broadcast was indecent. There is no merit to
       FOX/Affiliate Group's claim that, because the material in question was
       supposedly an integral part of the episode in question, as it was in
       the movie "Saving Private Ryan," we are precluded from finding the
       broadcast to be indecent. This case is decidedly different from our
       decision involving ABC's broadcast of the movie "Saving Private Ryan."
       In denying complaints alleging that the broadcast contained indecent
       material because of the use of explicit language, the Commission
       reasonably determined that the language at issue in "Saving Private
       Ryan," reflecting "the soldiers' strong human reactions to, and often,
       revulsion at, those unspeakable conditions and the peril in which they
       find themselves," was not used to pander, titillate or shock. It was
       entirely reasonable for the Commission to conclude that, in that
       context, the explicit language was not pandering or titillating. By
       contrast, in the instant case, the scenes showing strippers seducing
       bachelor and bachelorette partygoers clearly pandered to and
       titillated the viewing audience. It is no defense to argue that the
       lurid sexual activities depicted in the party scenes related to the
       theme of the program. Indeed, under FOX/Affiliate Group's reasoning, a
       graphic and explicit depiction of sexual intercourse could not be
       deemed patently offensive so long as it related to the show's theme of
       tempting engaged couples into sexual dalliances with hired strippers.

   16. We also reject Respondents' claims that the "contemporary community
       standards for the broadcast medium" criterion is not ascertainable.
       The "contemporary community standards for the broadcast medium"
       criterion is that of an average broadcast listener or viewer and does
       not encompass any particular geographic area. Our approach to
       discerning community standards parallels that used in obscenity cases,
       where the jury is instructed to rely on its own knowledge of community
       standards in determining whether material is patently offensive. Here,
       however, the Commission has the added advantage of being an expert
       agency, and as we have explained before, "[w]e rely on our collective
       experience and knowledge, developed through constant interaction with
       lawmakers, courts, broadcasters, public interest groups and ordinary
       citizens, to keep abreast of contemporary community standards for the
       broadcast medium."

   17. It is also important to stress that our decision to commence an
       investigation and, where appropriate, to impose administrative
       sanctions, is not based on whether a particular program receives high
       ratings or is the subject of multiple complaints. As a general matter,
       we will commence an investigation on the basis of even one properly
       filed complaint that raises legitimate concerns as to whether a
       licensee has engaged in misconduct. We have followed this course in
       the past and will continue to do so in the future.

   B. Culpability of FOX Affiliates

   18. Respondents argue in the alternative that, even if the material that
       was broadcast during the April 7, 2003, episode of "Married By
       America" is actionably indecent, licensees of stations affiliated with
       the FOX Network should not be subject to a forfeiture penalty.
       Although we have already determined that this forfeiture order should
       be limited to licensees whose stations served markets from which we
       received complaints, we believe it appropriate nonetheless to address
       all parties' arguments regarding the subject of affiliate culpability.

   1. Pre-Broadcast Preview

   19. Cunningham, Falls/Compass Group, FOX/Affiliates Group, Ft. Smith
       Group, Hill, Independent, Mission, Pappas Group, Sinclair, and
       Warwick/White Knight Group argue that FOX Affiliates had no role in
       the selection, planning or approval of the episode in question, which
       was transmitted by the network to the FOX Affiliates "precisely at the
       moment that the program was scheduled to air." Respondents rely on
       Complaints Against Various Television Licensees Concerning their
       February 1, 2004, Broadcast of the Super Bowl XXXVIII Halftime Show,
       Notice of Apparent Liability for Forfeiture, FCC 04-209 (rel. Sept.
       22, 2004), in which the Commission declined to sanction licensees of
       the CBS affiliate stations that broadcast the 2004 Super Bowl halftime
       show because the affiliates "could not have reasonably anticipated"
       that the show would contain apparently indecent material. Respondents
       argue that the FOX Affiliates in the instant case were in the same
       position with respect to the subject episode of "Married By America"
       as the CBS affiliates were with respect to the 2004 Super Bowl
       halftime telecast. Consequently, according to Respondents, they should
       receive the same treatment as the affiliates in the Super Bowl case.
       FOX/Affiliates Group argues that, because "Married By America" was a
       reality show which involved audience participation, producers were
       constrained by tight production schedules and the need to protect the
       integrity of the voting process. Consequently, FOX/Affiliates Group
       maintains that "Married By America" was more akin to a live sporting
       event than a scripted drama or comedy show, making it difficult for
       FOX Affiliates to have had a meaningful opportunity to review the
       program in advance.  Ft. Smith Group further argues that, even if the
       episode had been available for advance review, "it is unrealistic to
       assume that individual stations, and especially small market
       affiliates, could muster the resources to review and analyze every
       network program."

   20. We find no merit in these arguments. While "Married By America"
       producers may not have had the luxury of being able to film and edit
       each episode weeks in advance of air time as they might ordinarily do
       for a scripted series, Respondents fail to explain why FOX Television
       Network could not have provided FOX Affiliates with a tape of the
       episode in question at some time prior to April 7, particularly in
       light of the type of material that the producers intended to include
       in the episode. Indeed, FOX/Affiliates Group claims that the tight
       production schedule only makes it "difficult," not impossible, for
       affiliates to review the program's content prior to air time.
       Furthermore, we note that, at the conclusion of the program episode
       that was broadcast a week earlier, FOX Television Network provided
       highlights of the then-upcoming April 7 episode. Such highlights
       included many of the scenes that are the subject of this Forfeiture
       Order. Consequently, although the April 7 episode may still have been
       in production a week before air time, FOX Television Network knew that
       it would include the subject bachelor/bachelorette party scenes, and
       FOX Affiliates were provided with advance notice of the nature of the
       material that was scheduled for broadcast. Thus, they should have been
       prepared to screen the program before airing it.

   21. We also reject FOX/Affiliates Group's contention that "Married By
       America" is akin to a live sporting event because it involved audience
       participation. According to FOX/Affiliates Group, FOX Television
       Network transmitted the episode to FOX Affiliates at air time in order
       to safeguard the show's voting process. However, the decision not to
       provide an advance tape of the episode to FOX Affiliates appears to
       have been discretionary, not the result of circumstances over which
       FOX Television Network lacked control. Indeed, none of the Respondents
       contends that FOX Television Network was prevented from providing FOX
       Affiliates with a tape of the episode prior to broadcast, had they
       requested one. Under these circumstances, we believe that the
       comparison between "Married By America" and a live sporting event is
       not valid, and Respondent's reliance on our Super Bowl decision is
       accordingly misplaced.

   22. Finally, we reject Ft. Smith Group's claim that it is unfair and
       unreasonable to expect affiliates to review and analyze the network
       programs that they broadcast. It is bedrock Commission policy that
       broadcast licensees are ultimately responsible for the material that
       they air, regardless of the source. It is fundamentally inconsistent
       with the obligations of a broadcast licensee to broadcast programming
       without regard to - and without even being aware of -- its content.

   2. Network Affiliation Agreement

   23. Hill and Pappas Group assert that their network affiliation agreements
       with FOX prevent them from discharging their obligations as licensees
       by impeding their ability to determine which programming is suitable
       for viewers in their communities. They explain that their affiliation
       agreements place strict limits on the number of occasions that they
       may preempt network programming without advance approval from FOX and
       that an excessive number of "unauthorized preemptions" could result in
       FOX severing its affiliation with them, a consequence that could be
       financially devastating. They further maintain that obtaining advance
       approval to preempt a particular program is not practical when, as
       here, an affiliate is unable to preview the episode because it is
       being delivered to the station at the moment it is scheduled to be
       broadcast. Hill and Pappas Group conclude:

   Thus, the contractual and practical deprivation to the affiliates of a
   meaningful power to review and reject undesirable episodes of otherwise
   acceptable network program series forces the affiliates into a Hobson's
   Choice: either to acquiesce in the network's programming choices and
   potentially face Commission sanctions for content which the affiliates had
   no role in planning, producing, or approving, as well as suffer local
   viewer and advertiser wrath for airing programming that is deemed
   offensive to local tastes; or to decline to air an entire series of a
   program that is deemed (on the basis of one or more episodes) to run a
   risk of containing indecency or other actionable content, which will
   likely incur network reprisal, including possible withdrawal of the
   affiliation . . . ."

   24. We do not agree that these circumstances serve to eliminate or
       diminish an affiliate's liability for having broadcast indecent
       material. First, as indicated above, the entitlement to hold a
       Commission license carries with it certain fundamental obligations,
       one of which is to ensure compliance with our rules and to take
       responsibility for the programs that a licensee airs. Second, our
       rules relating to network affiliation agreements specifically provide
       that network affiliation agreements can not prevent or hinder
       licensees from rejecting or refusing network programs "which the
       station reasonably believes to be unsatisfactory or unsuitable or
       contrary to the public interest . . . ." Third, as noted above,
       Respondents and the public at large were provided with notice of the
       kind of material that the April 7 episode was likely to contain a full
       week in advance of its scheduled broadcast. Neither Hill nor Pappas
       Group contends that it even attempted to seek permission from FOX
       Television Network to preempt the show. Consequently, we find no merit
       to their claims that the network affiliation agreements into which
       they voluntarily entered and from which they derive substantial
       benefits provide a basis for excusing them from liability for airing
       the indecent material at issue here.

   C. Other Arguments

   25. JW, licensee of Low Power Television Station K02NQ, Columbia Missouri;
       Mission, licensee of Stations KHMT(TV), Hardin, Montana, and WBAK-TV,
       Terre Haute, Indiana; and Smith, permittee of Station WFFF-TV,
       Burlington, Vermont, request cancellation of the NAL on the basis that
       they did not hold the authorizations for their respective stations at
       the time of the subject broadcast. We have already determined that the
       NAL should be cancelled as to all licensees whose stations serve
       markets from which no specific complaints were received, a category
       which includes these markets. Accordingly, the arguments herein raised
       by JW, Mission, and Smith are dismissed as moot.

   26. In response to the NAL, Sunbeam, licensee of Station WSVN(TV), Miami,
       Florida, tendered a check made payable to the Commission in the amount
       of $7,000, subject to final agency action with respect to the
       FOX/Affiliates Consolidated Response. Having determined that the NAL
       should be canceled as to all licensees against which no specific
       complaint was filed, including Sunbeam, Sunbeam may file appropriate
       documents requesting a refund of the amount it tendered.

   D.  Constitutional Issues

   27. Respondents argue that the Commission's indecency standard is
       unconstitutional on its face. In support, they collectively assert
       that the justifications that existed for adopting the current
       indecency standard are no longer valid; the current indecency standard
       is impermissibly vague; the availability of new blocking technologies
       has rendered the current indecency standard overbroad; and the
       Commission has not demonstrated that children are harmed by indecent
       broadcasts. Respondents also argue that the Commission's application
       of its indecency test in the instant case was unconstitutional because
       the Commission failed to exhibit restraint and caution during its
       investigation and because the Respondents were denied due process. For
       the reasons discussed below, we reject Respondents' arguments.

   28. Validity of Indecency Test. FOX/Affiliates Group argues that the
       underpinnings of the Commission's current indecency standard date back
       to the Supreme Court's decision in Federal Communications Commission
       v. Pacifica Foundation, and that the justifications upon which the
       Court relied in its decision - the uniquely pervasive presence of the
       broadcast medium and the unique accessibility of broadcasting to
       children -- are no longer viable. In this regard, FOX/Affiliates Group
       argues that cable and satellite transmissions now reach the vast
       majority of the nation's television households and offer hundreds of
       channels as well as the signals of broadcast stations. FOX/Affiliates
       Group also maintains that younger people today have ready and
       unfettered access to numerous video sources as well as the Internet.

   29. We disagree with Respondents' claim that the justifications upon which
       the Supreme Court relied in Pacifica are no longer valid and note that
       the D.C. Circuit has rejected this precise argument: "Despite the
       increasing availability of receiving television, such as cable . . .
       there can be no doubt that the traditional broadcast media are
       properly subject to more regulation than is generally permissible
       under the First Amendment." Notwithstanding Respondents' arguments to
       the contrary, the broadcast media continue to have a "uniquely
       pervasive presence" in American life. The Supreme Court has recognized
       that "[d]espite the growing importance of cable television and
       alternative technologies, `broadcasting is demonstrably a principal
       source of information and entertainment for a great part of the
       Nation's population."  In 2003, 98.2% of households had at least one
       television, and 99% had at least one radio. Although the majority of
       households with television subscribe to a cable or satellite service,
       millions of households continue to rely exclusively on broadcast
       television, and the National Association of Broadcasters estimates
       that there are some 73 million broadcast-only television sets in
       American households.   Moreover, many of those broadcast-only
       televisions are in children's bedrooms.  Although the broadcast
       networks have experienced declines in the number of viewers over the
       last several years, the programming they offer remains by far the most
       popular and is available to almost all households.

   30. The broadcast media are also "uniquely accessible to children."  In
       this respect, broadcast television differs from cable and satellite
       television.  Parents who subscribe to cable exercise some choice in
       their selection of a package of channels, and they may avoid
       subscribing to some channels that present programming that, in their
       judgment, is inappropriate for children.  Indeed, upon the request of
       a subscriber, cable providers are required by statute to "fully block
       the audio and video programming of each channel carrying such
       programming so that one not a subscriber does not receive it."  In
       contrast, as the D.C. Circuit has observed, "broadcast audiences have
       no choice but to `subscribe' to the entire output of traditional
       broadcasters."   The V-chip provides parents with some ability to
       control their children's access to broadcast programming, but, as
       explained in further detail below, it does not eliminate the need for
       the Commission to vigorously enforce its indecency rules.  Broadcast
       television is also significantly different from the Internet.  The
       Internet, unlike television, is not accessible to children "too young
       to read." And parents who wish to control older children's access to
       inappropriate material can use widely available filtering software --
       an option that, whatever its flaws, lacks an effective analog in the
       context of broadcast television in light of the numerous problems with
       the V-chip and program ratings discussed below. Accordingly, there is
       no merit to Respondents' claim that Pacifica - and more importantly,
       our indecency rules - are invalid, obsolete or outdated.

   31. Vagueness and Overbreadth. FOX/Affiliates Group argues that the
       Commission's indecency standard is unconstitutionally vague, citing
       Reno v. ACLU, a case addressing the constitutionality of provisions of
       the Communications Decency Act ("CDA") which sought to protect minors
       from harmful material on the Internet. The Court determined that the
       CDA's indecency standard was impermissibly vague because it failed to
       define key terms, thereby provoking uncertainty among speakers and
       preventing them from discerning what speech would violate the statute.
       FOX/Affiliates Group asserts that, because the CDA definition of
       indecency was determined by the Court to be fatally imprecise, and the
       Commission's definition of indecency is similar to the CDA definition,
       it follows that the Commission's definition is similarly flawed.
       FOX/Affiliates Group further argues that the Commission's vague
       indecency standards and fear of government sanctions create a chilling
       effect on broadcasters' exercise of their First Amendment rights.

   32. We reject Respondents' arguments that the Commission's indecency
       standard is vague. That standard is essentially the same as the one
       used in the order that was reviewed in FCC v. Pacifica Foundation, and
       the Supreme Court had no difficulty applying that definition and using
       it to conclude that the broadcast at issue in that case was indecent.
       We therefore agree with the D.C. Circuit that "implicit in Pacifica"
       is an acceptance of the FCC's generic definition of `indecent' as
       capable of surviving a vagueness challenge."

   33. We also believe that Respondents' reliance on Reno is without merit.
       The Court in Reno expressly distinguished Pacifica, giving three
       different reasons for doing so. Thus, far from casting doubt on
       Pacifica's vagueness holding, Reno recognizes its continuing vitality.
       In addition, contrary to Respondents' claims, we do not believe that
       requiring broadcasters to exercise care to avoid airing a patently
       offensive depiction of sexual activity prior to 10 p.m. unduly
       "chills" exercise of their First Amendment rights. As reviewed above,
       we do not believe that our indecency standard is unconstitutionally
       vague and as the D.C. Circuit observed, "some degree of
       self-censorship is inevitable and not necessarily undesirable so long
       as proper standards are available."

   34. FOX/Affiliates Group further argues that, even if the Commission's
       indecency standard is not impermissibly vague, it is
       unconstitutionally overbroad, again relying on Reno v. ACLU, wherein
       the Court held that a "burden on adult speech is unacceptable if less
       restrictive alternatives would be at least as effective in achieving
       the legitimate purpose that the statute was enacted to serve."
       According to FOX/Affiliates Group, the Commission's current approach
       to regulating indecency relegates protected speech to the "wee hours
       of the morning" and impedes the First Amendment rights of
       broadcasters. We disagree. By channeling indecent broadcasting to
       times of day in which fewer children are in the audience, but which
       nonetheless remain accessible to adult viewers and listeners, the
       Commission permissibly advances the government's interests "without
       unduly infringing on the adult population's right to see and hear
       indecent material." Indeed, 10:00 PM hardly qualifies as the "wee
       hours of the morning," and the D.C. Circuit upheld the "safe harbor"
       period in ACT III.

   35. FOX/Affiliates Group also assert that television viewers today are
       able to effectively prevent reception of any programming that they
       consider unsuitable for children through the use of voluntary ratings
       of programs by the entertainment industry and so-called "V-Chip"
       technology. The existence of a less intrusive solution, according to
       FOX/Affiliates Group, thus renders the Commission's regulatory scheme
       unconstitutionally overbroad.

   36. We reject this argument. While we agree that the V-chip provides some
       assistance in protecting children from indecent material, it does not
       eliminate the need for the Commission to enforce its indecency rules.
       Numerous televisions do not contain a V-chip, and most parents who
       have a television set with a V-chip are unaware of its existence or do
       not know how to use it. In addition, we note that some categories of
       programming, including news and sports, are not rated and, therefore,
       are not subject to blocking by V-chip technology. Finally, numerous
       studies have raised serious questions about the accuracy of the
       television ratings on which the effectiveness of a V-chip depends.

   37. Harm to Children. FOX/Affiliates Group argues that the Commission's
       indecency test is flawed because the Commission has never made the
       requisite showing of harm to children from indecent programming. This
       argument is without merit. The Supreme Court did not require such
       evidence in Pacifica and the D.C. Circuit rejected the need for such
       evidence in ACT III, noting that "the Supreme Court has never
       suggested that a scientific demonstration of psychological harm is
       required in order to establish the constitutionality of measures
       protecting minors from indecent speech." It cannot reasonably be
       disputed that the government has a "compelling" interest "in
       protecting the physical and psychological well-being of minors," nor
       that this interest "extends to shielding minors from the influence of
       literature that is not obscene by adult standards." The government's
       interests in the "well-being of its youth" and in supporting "parent's
       claim to authority in their own household" can justify "the regulation
       of otherwise protected expression." Just as clearly, "the Government
       has a compelling interest in protecting children under the age of 18
       from exposure to indecent broadcasts."

   ++
   ++

   38. Cautious Approach to Enforcement. FOX/Affiliates Group and others
       challenge on various grounds the Commission's issuance of the NAL
       against stations that were not the subject of viewer complaints
       regarding the April 7, 2003 "Married By America" episode. We need not
       address these arguments in light of our decision, consistent with our
       commitment to an appropriately restrained enforcement policy and
       recent Commission practice, to limit the imposition of forfeiture
       penalties to licensees whose stations serve markets from which
       specific complaints were received. FOX/Affiliates Group, Cunningham,
       and Falls/Compass Group also accuse the Commission of impermissibly
       denying all of the licensees that were subject to the NAL, save the
       one to which the letter of inquiry was directed, any opportunity to
       respond to the Commission's concerns before the Commission issued its
       NAL. According to FOX/Affiliates Group, the Commission's "blunderbuss
       approach is both unfair to licensees and contrary to the First
       Amendment." We find no merit to this argument, which demonstrates a
       misunderstanding of the nature of the Commission's forfeiture process
       and confuses a notice of apparent liability for a forfeiture with a
       forfeiture order. Pursuant to section 1.80 of the Commission's rules,
       before imposing a forfeiture penalty, the Commission must provide each
       licensee with a written notice of apparent liability which includes an
       explanation of the nature of the misconduct, the rule section that the
       Commission believes was violated, and the proposed forfeiture amount.
       The NAL in this instance provided such required notice. There is no
       requirement that the Commission direct a letter of inquiry to a
       licensee as part of an investigation of alleged indecent programming
       aired by a broadcast station before issuing an NAL. Moreover, section
       1.80 of the Commission's rules specifies that each licensee to which
       such notice is provided may file a written response demonstrating why
       a forfeiture penalty should not be imposed or should be reduced. By
       their various filings, Respondents availed themselves of the
       opportunity to respond the Commission's concerns, belying their claims
       to the contrary.

   IV.  CONCLUSION

   39. Section 503(b) of the Act, 47 U.S.C. S: 503(b), and section 1.80(a) of
       the Commission's rules, 47 C.F.R S: 1.80, both state that any person
       who willfully or repeatedly fails to comply with the provisions of the
       Act or the rules shall be liable for a forfeiture penalty. For
       purposes of section 503(b) of the Act, the term "willful" means that
       the violator knew it was taking the action in question, irrespective
       of any intent to violate the Commission's rules. Based on our
       determination that the stations in question willfully broadcast this
       episode of "Married by America" and the material before us, we find
       that the FOX Television Network Stations listed in Attachment A
       willfully violated 18 U.S.C. S: 1464 and section 73.3999 of the
       Commission's rules, by airing indecent programming during the "Married
       By America" program on April 7, 2003.

   40. The Commission's Forfeiture Policy Statement sets a base forfeiture
       amount of $7,000 for the transmission of indecent or obscene
       materials. 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. S:
       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."

   41. We have thoroughly considered Respondents' arguments as well as the
       factors listed in Section 503(b)(2)(D) of the Act. On reflection, we
       believe that the forfeiture penalty in the base amount of $7,000
       proposed against each of the stations listed in Attachment A in the
       NAL is unduly low in light of the nature and gravity of the violation
       and the ability of the licensees to pay. If we were proposing a
       forfeiture for the first time here, we would be inclined to propose a
       significantly higher forfeiture per station. However, we cannot,
       consistent with our rules, increase the forfeiture amount without
       issuing another NAL, and we are concerned that issuing another NAL at
       this late date could jeopardize our ability to enforce the forfeiture.
       Therefore, we will impose the forfeiture proposed in the NAL on each
       of the stations listed in Attachment A.

   V.   ORDERING CLAUSES

   42. 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 each of the stations listed in Attachment A
       of this Forfeiture Order is liable for a forfeiture in the amount of
       $7,000 for broadcasting indecent material, in willful violation of 18
       U.S.C. S: 1464 and section 73.3999 of the Commission's rules.

   43. IT IS FURTHER ORDERED that the NAL is cancelled as to all other
       licensees referenced in the NAL.

   44. IT IS FURTHER ORDERED that the Commission will entertain appropriate
       documents filed by Sunbeam requesting a refund of the $7,000
       forfeiture that it previously paid in this proceeding.

   45. IT IS FURTHER ORDERED, pursuant to section 1.80 of the Commission's
       rules, that within thirty (30) days of the release of this Forfeiture
       Order, the stations listed in Attachment A of this Forfeiture Order
       SHALL PAY the full amount of its respective forfeiture.

   46. IT IS FURTHER ORDERED that 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 appropriate
       NAL Account Number and FRN Number referenced in Attachment A. Payment
       by check or money order may be mailed to Federal Communications
       Commission, P.O. Box 979088, St. Louis, MO 63197-9000. Payment by
       overnight mail may be sent to U.S. Bank - Government Lockbox #979088,
       SL-MO-C2-GL, 1005 Convention Plaza, St. Louis, MO 63101. Payment[s] by
       wire transfer may be made to ABA Number 021030004, receiving bank
       TREAS/NYC, and account number 27000001. For payment by credit card, an
       FCC Form 159 (Remittance Advice) must be submitted.  When completing
       the FCC Form 159, enter the NAL Account number in block number 23A
       (call sign/other ID), and enter the letters "FORF" in block number 24A
       (payment type code). Requests for full payment under an installment
       plan should be sent to:  Chief Financial Officer -- Financial
       Operations, 445 12th Street, S.W., Room 1-A625, Washington, D.C. 
       20554.   Please contact the Financial Operations Group Help Desk at
       1-877-480-3201 or Email: ARINQUIRIES@fcc.gov with any questions
       regarding payment procedures. 

   47. IT IS FURTHER ORDERED that 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.

   48. IT IS FURTHER ORDERED that a copy of this Forfeiture Order shall be
       sent, by Certified Mail/Return Receipt Requested, to each of the
       licensees identified in Attachment A hereto and to their respective
       counsel and representatives identified in Attachment C hereto.

   FEDERAL COMMUNICATIONS COMMISSION

   Marlene H. Dortch

   Secretary

                                  ATTACHMENT A

                             Licensees and Stations


     Licensee Name                         Station Call                      
      and Mailing   FRN No.  NAL Acct. No.   Sign and    Facility Forfeiture 
        Address                            Community of   ID No.    Amount   
                                              License                        

    FOX Television                                                           
    Stations, Inc.                                                           
                                           WJBK,                             
    5151 Wisconsin  1529056   200832080064 Detroit, MI    73123     $7,000   
    Ave., N.W.,                                                              
    Washington D.C.                                                          
    20016                                                                    

    FOX Television                                                           
    Stations, Inc.                                                           
                                           KMSP-TV,                          
    5151 Wisconsin  1529056   200832080065 Minneapolis,   68883     $7,000   
    Ave., N.W.,                            MN                                
    Washington D.C.                                                          
    20016                                                                    

    FOX Television                                                           
    Stations, Inc.                                                           
                                           WTTG,                             
    5151 Wisconsin  1529056   200832080066 Washington,    22207     $7,000   
    Ave., N.W.,                            DC                                
    Washington,                                                              
    D.C. 20016                                                               

    TVT License,                                                             
    Inc.                                                                     
                                           WTVT, Tampa,                      
    5151 Wisconsin  1811074   200832080067 FL             68569     $7,000   
    Ave., N.W.,                                                              
    Washington,                                                              
    D.C. 20016                                                               

    WDAF License,                                                            
    Inc.                                                                     
                                           WDAF-TV,                          
    5151 Wisconsin  3476421   200832080068 Kansas City,   11291     $7,000   
    Ave., N.W.,                            MO                                
    Washington,                                                              
    D.C. 20016                                                               

    GB Roanoke                                                               
    Licensing LLC                                                            
                                                                             
    915 Middle      17270307  200832080069 WFXR-TV,       24813     $7,000   
    River Drive,                           Roanoke, VA                       
    Suite 409, Ft.                                                           
    Lauderdale, FL                                                           
    33304                                                                    

    Journal                                                                  
    Broadcast                                                                
    Corporation                            WSYM-TV,                          
                    2710192   200832080070 Lansing, MI    74094     $7,000   
    3355 S. Valley                                                           
    View Blvd., Las                                                          
    Vegas, NV 89102                                                          

    KDSM Licensee,                                                           
    LLC Pillsbury                                                            
    Winthrop Shaw                                                            
    Pittman LLP,                                                             
    Attn. Kathryn   5019195   200832080071 KDSM-TV, Des   56527     $7,000   
    R. Schmeltzer,                         Moines, IA                        
    2300 N Street,                                                           
    N.W.,                                                                    
    Washington,                                                              
    D.C. 20037                                                               

    Lingard                                                                  
    Broadcasting                                                             
    Corporation                            WLOV-TV, West                     
                    4348322   200832080072 Point, MS      37732     $7,000   
    P.O. Box 1732,                                                           
    Tupelo, MS                                                               
    38802                                                                    

    Meredith                                                                 
    Corporation                                                              
                                           WHNS,                             
    1716 Locust     5878004   200832080073 Greenville,    72300     $7,000   
    Street, Des                            SC                                
    Moines, IA                                                               
    50309                                                                    

    Mountain                                                                 
    Licenses, L.P.                                                           
    2111 University                        KCYU-LP,                          
    Park Drive,     6175939   200832080074 Yakima, WA     58694     $7,000   
    Suite 650,                                                               
    Okemos, MI                                                               
    48864                                                                    

    WVAH Licensee,                                                           
    LLC 2000 W.                            WVAH-TV,                          
    41st. Street,   7283054   200832080075 Charleston,     417      $7,000   
    Baltimore, MD                          WV                                
    21211                                                                    

    WZTV Licensee,                                                           
    LLC Pillsbury                                                            
    Winthrop Shaw                                                            
    Pittman, LLC,                                                            
    Attn: Kathryn   6551758   200832080076 WZTV,           418      $7,000   
    R. Schmeltzer                          Nashville, TN                     
    2300 N Street,                                                           
    N.W.,                                                                    
    Washington,                                                              
    D.C. 20037                                                               


                                  ATTACHMENT B

                                Responses to NAL

     * Letter to William H. Davenport, Chief, Investigations and Hearings
       Division, Enforcement Bureau, Federal Communications Commission, from
       Henry Goldberg, Esquire, Goldberg, Godles, Wiener & Wright, counsel
       for Bluenose Broadcasting of Savannah, LLC ("Bluenose"), dated
       December 3, 2004 ("Bluenose Response");

     * Cunningham Opposition to Notice of Apparent Liability for Forfeiture,
       filed by Cunningham Broadcasting Corporation ("Cunningham") on
       December 3, 2004 ("Cunningham Response");

     * Joint Response in Opposition to the Notice of Apparent Liability for
       Forfeiture, filed jointly by Falls Broadcasting Company and Compass
       Communications of Idaho, Inc. (collectively, "Falls/Compass Group") on
       December 2, 2004 ("Falls/Compass Joint Response);

     * Opposition to Notice of Apparent Liability for Forfeiture, filed by
       FOX Broadcasting Company and the Licensees of the Television Broadcast
       Stations Affiliated with the FOX Television Network ("FOX/Affiliates
       Group") on December 3, 2004 ("FOX/Affiliates Consolidated Response");

     * Letter to William H. Davenport, Chief, Investigations and Hearings
       Division, Enforcement Bureau, Federal Communications Commission, from
       Peter Tannenwald, Esquire, Irwin, Campbell & Tannenwald, P.C., counsel
       for Ft. Smith 46, Inc., Marquette Broadcasting, Inc., Montana License
       Sub, Inc., Montgomery Communications, Inc., and TV67, Inc.
       (collectively, "Ft. Smith Group"), dated December 3, 2004 ("Ft. Smith
       Consolidated Response");

     * Response to Notice of Apparent Liability for Forfeiture, filed by Hill
       Broadcasting Company, Inc. ("Hill") on December 3, 2004 ("Hill
       Response");

     * Response to Notice of Apparent Liability for Forfeiture, filed by
       Independent Communications, Inc. ("Independent") on November 12, 2004
       ("Independent Response");

     * Letter to Marlene H. Dortch, Secretary, Federal Communications
       Commission, from Gregory L. Masters, Esquire, Wiley Rein & Fielding
       LLP, counsel for JW Broadcasting LLC ("JW"), dated November 5, 2004
       ("JW Response");

     * Opposition to Notice of Apparent Liability for Forfeiture, filed by
       Lingard Broadcasting Corporation ("Lingard") on December 3, 2004
       ("Lingard Response");

     * Letter to William H. Davenport, Chief, Investigations and Hearings
       Division, Enforcement Bureau, Federal Communications Commission, from
       Howard M. Liberman, Esquire, Drinker Biddle & Reath, LLP, counsel for
       Mission Broadcasting , Inc. ("Mission"), dated December 7, 2004
       ("Mission Response");

     * Response to Notice of Apparent Liability for Forfeiture, filed jointly
       by KMPH(TV) License, LLC; KPTM(TV) License, LLC; and Pappas
       Telecasting of Sioux City, L.P. (collectively, "Pappas Group") on
       December 3, 2004 ("Pappas Consolidated Response").

     * Opposition to Notice of Apparent Liability for Forfeiture, filed by
       Sinclair Broadcast Group, Inc. ("Sinclair") on December 3, 2004
       ("Sinclair Response");

     * Letter to William H. Davenport, Chief, Investigations and Hearings
       Division, Enforcement Bureau, Federal Communications Commission, from
       Jeffrey J. Gee, Esquire, Dow Lohnes & Albertson, PLLC, counsel for
       Smith Media License Holdings, LLC ("Smith"), dated December 3, 2004
       ("Smith Response");

     * Letter to Forfeiture Collections Agency, Finance Branch, Federal
       Communications Commission, from Marvin Rosenberg, Esquire, Holland &
       Knight, counsel for Sunbeam Television Corporation ("Sunbeam"), dated
       November 29, 2004 ("Sunbeam Response");

     * Opposition to Notice of Apparent Liability for Forfeiture, filed by
       United Communications Corporation ("United") on December 3, 2004
       ("United Response"); and,

     * Opposition to Notice of Apparent Liability for Forfeiture, filed
       jointly by Warwick Communications, Inc. and White Knight Broadcasting
       of Natchez License Corp. (collectively, "Warwick/White Knight Group")
       on December 3, 2004 ("Warwick/White Knight Joint Response").

                                  ATTACHMENT C

                     Licensees' Counsel and Representatives

   John C. Quale, Esquire

   Skadden, Arps, Slate, Meagher & Flom LLP

   1440 New York Avenue, N.W.

   Washington, DC 20005

   (Counsel for FOX Broadcasting Company)

   John C. Quale, Esquire

   Skadden, Arps, Slate, Meagher & Flom LLP

   1440 New York Avenue, N.W.

   Washington, DC 20005

   (Counsel for FOX Television Holdings, Inc., FOX Television Stations, Inc.)

   Maureen A. O.Connell

   Vice President Regulatory and Government Affairs

   The News Corporation Limited

   444 North Capitol Street, N.W., Suite 740

   Washington, DC 20001

   James A. Koerner, Esquire

   Koerner & Olender PC

   5809 Nicholson Lane, Suite 124

   Rockville, MD 20852

   (Counsel for Blue Bonnet Communications, Inc.; GE Media, Inc.; National
   Communications, Inc.; Pacific Media Corporation)

   Joseph A. Godles, Esquire

   Goldberg, Godles, Wiener & Wright

   1229 19th Street, N.W.

   Washington, DC 20036

   (Counsel for Bluenose Broadcasting of Savannah LLC)

   Dennis Corbett, Esquire

   Leventhal, Senter & Lerman PLLC
   2000 K Street, N.W., Suite 600

   Washington, DC 20006

   (Counsel for Broadcasting Licenses, L.P.; Davis Television Clarksburg,
   LLC; Davis Television Wausau, LLC; Mountain Licenses, L.P.; Ramar
   Communications II, Ltd.; Stainless Broadcasting, L.P.)

   Kathleen A. Kirby, Esquire

   Wiley Rein & Fielding LLP

   1776 K Street, N.W.

   Washington, DC 20006

   (Counsel for California Oregon Broadcasting, Inc.)

   Clark Wadlow, Esquire

   Sidley Austin Brown and Wood

   1501 K Street, N.W.

   Washington, DC 20005

   (Counsel for Channel 40, Inc.; Tribune Television Company; Tribune
   Television Holdings, Inc.; Tribune Television Norhtwest, Inc.)

   Roger C. Goodspeed

   Assistant General Counsel

   Tribune Company

   220 East 42nd Street, Suite 400

   New York, NY 10017

   Charles J. Sennet

   Senior Counsel/Broadcasting and Entertainment

   Tribune Company

   435 North Michigan Avenue, Suite 600

   Chicago, IL 60611

   Clifford M. Harrington, Esquire

   Shaw Pittman LLP

   2300 N Street, N.W.

   Washington, DC 20037

   (Counsel for Columbus (WTTE-TV) Licensee, Inc.; WRGT Licensee, LLC; WTAT
   Licensee, LLC; WVAH Licensee, LLC)

   Kathryn R. Schmeltzer, Esquire

   Shaw Pittman LLP

   2300 N Street, N.W.

   Washington, DC 20037

   (Counsel for Chesapeake Television Licensee, LLC; KABB Licensee, LLC; KBSI
   Licensee L.P.; KDSM Licensee, LLC; KOKH Licensee, LLC; Warwick
   Communications, Inc.; WDKY Licensee, LLC; WEMT Licensee L.P.; White Knight
   Broadcasting of Natchez License Corp.; WMSN Licensee, LLC; WPGH Licensee,
   LLC; WRLH Licensee, LLC; WSMH Licensee, LLC; WSYT Licensee L.P.; WUHF
   Licensee, LLC; WUTV Licensee, LLC; WYZZ Licensee, LLC; WZTV Licensee, LLC)

   Vincent J. Curtis, Jr., Esquire

   Fletcher, Heald & Hildreth, P.L.C.

   1300 North 17th Street, 11th Floor

   Arlington, VA 22209

   (Counsel for Comcorp of Baton Rouge License Corp.; Comcorp of Texas
   License Corp.; Morris Network of Mississippi, Inc.)

   Jonathan Lichstein

   Corporate FCC Counsel

   Sunbelt Communications Company

   1500 Foremaster Lane

   Las Vegas, NV 89101

   (Counsel for Compass Communications of Idaho, Inc.; Falls Broadcasting
   Company)

   Kenneth E. Satten, Esquire

   Wilkinson Barker Knauer, LLP

   2300 N Street, N.W., Suite 700

   Washington, DC 20037

   (Counsel for Grant Broadcasting Systems II, Inc.; rant Media LLC;
   Huntsville Television Acquisition Corp.; Quad Cities Television
   Acquisition Corp.; Quincy Broadcasting Co.; WSJV Television, Inc.)

   Peter Tannenwald, Esquire

   Irwin, Campbell & Tannenwald, P.C.

   1730 Rhode Island Avenue, N.W., Suite 200

   Washington, DC 20036-3120

   (Counsel for Forth Smith 46, Inc.; Marquette Broadcasting, Inc.; Montana
   License Sub, Inc.; Montgomery Communications, Inc.; TV 67, Inc.)

   Lewys Carlini

   General Manager, KIIT

   Greater Nebraska Television, Inc.

   8020 N. Highway 83

   North Platte, NE 69101

   John R. Feore, Esquire

   Dow, Lohnes & Albertson, PLLC

   1200 New Hampshire Avenue, N.W., Suite 800

   Washington, DC 20036-6802

   (Counsel for Idaho Independent Television, Inc.; Independence Television
   Company)

   Mace Rosenstein, Esquire

   Hogan & Hartson, L.L.P.

   555 13th Street, N.W.

   Washington, DC 20004

   (Counsel for Journal Broadcast Corporation)

   William Reyner

   President and CEO

   KEVN, Inc.

   1031 East Mountain Drive

   Santa Barbara, CA 93108

   John Harvey Rees

   800 Gold Creek Road

   Ohio City, CO 81237

   Howard M. Weiss, Esquire

   Fletcher, Heald & Hildreth, P.L.C.

   1300 North 17th Street, 11th Floor

   Arlington, VA 22209

   (Counsel for KADN-15, Inc.; Sage Broadcasting Corporation; Star
   Broadcasting Limited)

   James R. Bayes, Esquire

   Wiley Rein & Fielding LLP

   1776 K Street, N.W.

   Washington, DC 20006

   (Counsel for KMSB-TV, Inc.)

   Charles R. Naftalin, Esquire

   Holland & Knight LLP

   2099 Pennsylvania Avenue, N.W., Suite 100

   Washington, DC 20006-6801

   (Counsel for KQDS Acquisition Corp.; Red River Broadcast Co., LLC)

   John R. Feore, Esquire

   Dow, Lohnes & Albertson, PLLC

   1200 New Hampshire Avenue, N.W., Suite 800

   Washington, DC 20036-6802

   (Counsel for KVVU Broadcasting Corporation; Meredith Corporation)

   Perry Bradshaw

   Meredith Corporation

   1716 Locust Street

   Des Moines, IA 50309-3023

   Kevin F. Reed, Esquire

   Dow, Lohnes & Albertson, PLLC

   1200 New Hampshire Avenue, N.W., Suite 800

   Washington, DC 20036-6802

   (Counsel for KTVU Partnership; KVOA Communications, Inc.; Peak Media of PA
   Licensee LLC)

   Robert E. Levine, Esquire

   Law Offices of Robert E. Levine

   1920 N Street, N.W., Suite 800

   Washington, DC 20036

   (Counsel for Lingard Broadcasting Corporation)

   Howard M. Liberman, Esquire

   Drinker Biddle & Reath LLP

   1500 K Street, N.W., Suite 1100

   Washington, DC 20005

   (Counsel for Nexstar Broadcasting, Inc.; WYDC, Inc.)

   Harry C. Martin, Esquire

   Fletcher, Heald & Hildreth, P.L.C.

   1300 North 17th Street, 11th Floor

   Arlington, VA 22209

   (Counsel for Ottumwa Media Holdings, LLC; Southwestern Media Holdings,
   Inc.)

   Russell J. Schwartz

   Vice President Business Affairs and General Counsel

   Bahakel Communications, Ltd.

   1 Television Place

   Charlotte, NC 28205

   Joseph M. Di Scipio, Esquire

   Cohn and Marks LLP

   1920 N Street, N.W., Suite 300

   Washington, DC 20036

   (Counsel for Piedmont Television of Anchorage License LLC; Piedmont
   Television of Eastern Carolina License LLC; Piedmont Television of Macon
   License LLC; Piedmont Television of Youngstown License LLC)

   John B. Tupper, Esquire

   Kepper, Tupper and Company

   112 High Ridge Avenue

   Ridgefield, CT 06877

   (Counsel for Prime Cities Broadcasting, Inc.)

   Eve Klindera Reed, Esquire

   Wiley Rein & Fielding LLP

   1776 K Street, N.W.

   Washington, DC 20006

   (Counsel for Rockfleet Broadcasting II, LLC)

   John E. Fiorini III, Esquire

   Wiley Rein & Fielding LLP

   1776 K Street, N.W.

   Washington, DC 20006

   (Counsel for Seal Rock Broadcasters, L.L.C.)

   Kurt A. Wimmer, Esquire

   Covington & Burling

   1201 Pennsylvania Avenue, N.W.

   Washington, DC 20004

   (Counsel for Raycom America License Subsidiary, LLC; Raycom National,
   Inc.; Raycom National License Subsidiary, LLC; WAVY Broadcasting, LLC;
   WUPW Broadcasting, LLC)

   Gregg P. Skall, Esquire

   Womble Carlyle Sandridge & Rice, PLLC

   1401 I Street, N.W., 7th Floor

   Washington, DC 20005-2225

   (Counsel for Sainte Partners II, L.P.; Sainte Sepulveda, Inc.)

   David Tillotson, Esquire

   Law Office of David Tillotson

   4606 Charleston Terrace, N.W.

   Washington, DC 20007

   (Counsel for Second Generation of Iowa, Ltd.)

   Howard J. Braun, Esquire

   Katten Muchin Zavis Rosenman

   1025 Thomas Jefferson Street, N.W., Suite 700 East Lobby

   Washington, DC 20007

   (Counsel for Shockley Broadcasting, LLC)

   Harry F. Cole, Esquire

   Fletcher, Heald & Hildreth, P.L.C.

   1300 North 17th Street, 11th Floor

   Arlington, VA 22209

   (Counsel for Surtsey Media, LLC)

   Paul H. Brown, Esquire

   Wood, Maines & Brown Chartered

   1827 Jefferson Place, N.W.

   Washington, DC 20036

   (Counsel for United Communications Corporation)

   Jeffrey J. Gee. Esquire

   Dow, Lohnes & Albertson, PLLC

   1200 New Hampshire Avenue, N.W., Suite 800

   Washington, DC 20036-6802

   (Counsel for Smith Media License Holdings, LLC (as successor to Smith
   Broadcasting of Vermont, LLC))

   William St. Pierre

   President

   Tanana Valley Television Company

   3650 Bradock Street, Suite 2

   Fairbanks, AK 99701

   David D. Oxenford, Esquire

   Shaw Pittman LLP

   2300 N Street, N.W.

   Washington, DC 20037

   (Counsel for WDSI License Corp.; WOLF License Corp.; WTLH License Corp.)

   M. Anne Swanson, Esquire

   Dow, Lohnes & Albertson, PLLC

   1200 New Hampshire Avenue, N.W., Suite 800

   Washington, DC 20036-6802

   (Counsel for WNAC, LLC)

   Mark Nalbone

   Secretary

   Wyomedia Corporation

   1856 Skyview Drive

   Casper, WY 82601

   Aaron Shainis, Esquire

   Shainis & Peltzman, Chartered

   1850 M Street, N.W., Suite 240

   Washington, DC 20036

   (Counsel for Woods Communications Corporation)

   Dennis F. Begley, Esquire

   Reddy, Begley & McCormick, LLP

   1156 15th Street, Suite 610

   Washington, DC 20005-1770

   (Counsel for Independent Communications, Inc.)

   Clifford M. Harrington, Esquire

   Shaw Pittman LLP

   2300 N Street, N.W.

   Washington, DC 20037

   (Counsel for Cunningham Broadcasting Corporation)

   John Griffith Johnson, Jr., Esquire

   Paul, Hastings, Janofsky & Walker LLP

   1299 Pennsylvania Avenue, N.W., Tenth Floor

   Washington, DC 20004-2400

   (Counsel for KMPH(TV) License, LLC; KPTM(TV) License, LLC; Pappas
   Telecasting Sioux City, L.P.)

   William H. Crispin, Esquire

   Crispin & Associates, P.L.L.C.

   555 13th Street, N.W., Suite 420 West

   Washington, DC 20004

   (Counsel for Hill Broadcasting company, Inc.)

   Howard M. Liberman, Esquire

   Drinker Biddle & Reath LLP

   1500 K Street, N.W., Suite 1100

   Washington, DC 20005

   (Counsel for Mission Broadcasting, Inc.)

   Kathryn R. Schmeltzer, Esquire

   Shaw Pittman LLP

   2300 N Street, N.W.

   Washington, DC 20037

   (Counsel for Sinclair Broadcast Group, Inc.)

   Gregory L. Masters, Esquire

   Wiley Rein & Fielding LLP

   1776 K Street, N.W.

   Washington, DC 20006

   (Counsel for JW Broadcasting LLC)

   Jeffrey J. Gee, Esquire

   Dow, Lohnes & Albertson, PLLC

   1200 New Hampshire Avenue, N.W., Suite 800

   Washington, DC 20036-6802

   (Counsel for Smith Media License Holdings, LLC)

   Marvin Rosenberg, Esquire

   Holland & Knight

   2099 Pennsylvania Avenue, N.W., Suite 100

   Washington, DC 20006

   (Counsel for Sunbeam Television Corporation)

   The NAL Acct. No. and FRN No. for each licensee subject to this Forfeiture
   Order are listed in Attachment A, infra.

   See 47 U.S.C. S: 503; 47 C.F.R. S: 1.80.

   See 18 U.S.C. S: 1464; 47 C.F.R. S: 73.3999. The Notice of Apparent
   Liability for Forfeiture in this proceeding included 169 FOX Television
   Network stations that are owned and operated, or ultimately controlled by,
   FOX Entertainment Group, Inc. (collectively "FOX O&Os") and other
   television stations that are network program affiliates of the FOX
   Television Network (collectively "FOX Affiliates"). See Complaints Against
   Various Licensees Regarding Their Broadcast Of The FOX Television Network
   Program "Married By America" On April 7, 2003, Notice of Apparently
   Liability for Forfeiture, 19 FCC Rcd 20191 (2004) ("NAL"). Consistent with
   our policy of restrained enforcement in indecency proceedings, we have
   limited the instant Forfeiture Order to stations in markets from which we
   received indecency complaints about the subject episode of "Married By
   America." See Complaints Against Various Television Licensees Concerning
   Their February 1, 2004 Broadcast of the Super Bowl XXXVIII Halftime Show,
   Order on Reconsideration, 21 FCC Rcd 6653, 6665 P: 30 (2006) ("Super Bowl
   Order on Reconsideration"), pet. for review pending, CBS Corp. v. FCC, No.
   06-3575 (3d Cir. Filed July 28, 2006); In the Matter of Complaints
   Regarding Various Television Broadcasts Between February 2, 2002 and March
   8, 2005, 21 FCC Rcd 2664, 2673 P: 32 (2006), vacated in part on other
   grounds, 21 FCC Rcd 13299 (2006) ("Omnibus Order") (subsequent history
   omitted). Accordingly, the stations listed in Attachment A, infra, are a
   subset of those named in the NAL.

   See Letter to TVT License, Inc., from Maureen F. Del Duca, Chief,
   Investigations and Hearings Division, Enforcement Bureau, dated July 10,
   2003 ("LOI").

   See Letter to Melanie A. Godschall, Investigations and Hearings Division,
   Enforcement Bureau, from John C. Quale, Skadden, Arps, Slate, Meagher &
   Flom, LLP, dated August 11, 2003; Letter to William D. Freedman, Deputy
   Chief, Investigations and Hearings Division, Enforcement Bureau, from John
   C. Quale, Skadden, Arps, Slate, Meagher & Flom, LLP, dated September 9,
   2003.

   NAL, 19 FCC Rcd at 20193-194.

   Id. at 20194.

   Id. at 20195.

   Id.

   In accordance with Section 1.80 of the Commission's rules, 47 C.F.R. S:
   1.80, the NAL ordered each licensee, within 30 days of release thereof, to
   either pay its respective proposed forfeiture in full or file a written
   statement seeking reduction or cancellation of the proposed forfeiture.
   See 19 FCC Rcd at 20196 P: 19. In response to multiple requests, the
   Commission granted extensions of time, to December 3, 2004, within which
   to respond to the NAL. Mission Broadcasting, Inc. asked for and was
   granted an extension until December 7, 2004 to interpose a response.
   Although some licensees have styled their filings as oppositions to the
   NAL, the Commission's rules do not contemplate the filing of an opposition
   to a proposed action. Consequently, each filing is appropriately
   characterized herein as a "response," pursuant to Section 1.80(f)(3) of
   the Commission's rules, 47 C.F.R. S: 1.80(f)(3). The entities that filed
   responses are hereafter collectively referred to as "Respondents."

   See Attachment B, infra, for a list of these submissions.

   One respondent, Sunbeam Television Corporation, licensee of Station
   WSVN(TV), Miami, Florida, paid its forfeiture in full, subject to the
   outcome of the Commission's final action with respect to the
   FOX/Affiliates Consolidated Response.

   See supra note 2.

   See FOX/Affiliates Consolidated Response at 26-30.

   See id. at 31-39.

   See Industry Guidance on the Commission's Case Law Interpreting 18 U.S.C.
   S: 1464 and Enforcement Policies Regarding Broadcast Indecency, Policy
   Statement, 16 FCC Rcd 7999, 8002 P: 7 (2001) ("Indecency Policy
   Statement").

   See Omnibus Order, 21 FCC Rcd at 2671 P: 24 (pixilated views of nude
   breasts and a nude body, as well as other sexual images and innuendo,
   depicted or described sexual activities and organs for purposes of first
   prong of indecency analysis). See FOX/Affiliate Group's reliance on KSAZ
   License, Inc., 19 FCC Rcd 15999 (2004) (denying indecency complaint
   against "Will and Grace" episode), is misplaced. See FOX/Affiliates
   Consolidated Response at 27. The Commission's decision in that case was
   based on the conclusion that the material in question failed to satisfy
   the second prong of the indecency standard because "[b]oth characters are
   fully clothed, and there is no evidence that the activity depicted was
   dwelled upon, or was used to pander, titillate or shock the audience."
   KSAZ License, Inc., 19 FCC Rcd at 16001. Further, the context in which the
   activity at issue in "Will and Grace" was presented arguably made it more
   difficult to determine whether activity itself was sexual in nature,
   whereas here the subject of the scenes in question was sexually oriented
   entertainment provided by strippers.

   See Omnibus Order, 21 FCC Rcd at 2672 P: 25.

   See FOX/Affiliates Consolidated Response at 34-35.

   See, e.g., Young Broadcasting of San Francisco, Inc., Notice of Apparent
   Liability for Forfeiture, 19 FCC Rcd 1751, 1755 P: 12 (2004) (finding that
   a broadcast of a performer's penis was fleeting in that it occurred for
   less than a second), response pending.

   Respondents' reliance (see FOX/Affiliates Consolidated Response at 32) on
   In re Complaints Against Various Broadcast Licensees Regarding Their
   Airing of The UPN Network Program "Buffy the Vampire Slayer" on November
   20, 2001, 19 FCC Rcd 15995, 15998 (2004), lacks merit. Both scenes may
   have involved "kissing and straddling," but they are not "strikingly
   similar." Id. The "Buffy" scene depicted two fully-clothed actors
   ostensibly fighting one another, whereas the instant case, as set forth
   above, featured sexually oriented entertainment performed by partially
   clad strippers.

   See Complaints Against Various Television Licensees Regarding Their
   Broadcast on November 11, 2004, of the ABC Television Network's
   Presentation of the Film "Saving Private Ryan," Memorandum Opinion and
   Order, 20 FCC Rcd 4507 (2005) ("Saving Private Ryan Order").

   Id. at 4512-13 P: 14.

   Indecency Policy Statement, 16 FCC Rcd at 8002 P: 8 & n.15.

   See Smith v. United States, 431 U.S. 291, 305 (1977).

   Infinity Radio License, Inc., Memorandum Opinion and Order, 19 FCC Rcd
   5022, 5026 (2004).

   See, e.g., FCC v. Pacifica, 438 U.S. 726 (1978) (A father who heard an
   indecent broadcast while driving with his young son complained to the
   Commission, which, after forwarding the complaint for comment to and
   receiving a response from the licensee, issued a declaratory order
   granting the complaint.).

   See Cunningham Response at 2-3.

   See Falls/Compass Joint Response at 5-6.

   See FOX/Affiliates Consolidated Response at 41-47.

   See Ft. Smith Consolidated Response at 1-2.

   See Hill Response at 2-5.

   See Independent Response at 2-3.

   See Mission Response at 3.

   See Pappas Consolidated Response at 2-6.

   See Sinclair Response at 1-2.

   See Warwick/White Knight Joint Response at 1-2.

   Pappas Consolidated Response at 3.

   See, e.g., Independent Response at 2-3; Mission Response at 1.

   See FOX/Affiliates Group Consolidated Response at 41-43.

   Ft. Smith Consolidated Response at 2.

   See Report and Statement of Policy re: Commission en banc Programming
   Inquiry, 44 FCC Rcd 2303, 2313 (1960). See also Yale Broadcasting Co. v.
   FCC, 478 F.2d 594 (D.C. Cir. ), cert. denied, 414 U.S. 914 (1973)
   (affirmed action of Commission reminding broadcast licensees of their duty
   to have knowledge of the content of their programming and on the basis of
   this knowledge to evaluate the desirability of broadcasting music dealing
   with drug use); Gaffney Broadcasting, Inc., 23 FCC 2d 912, 913 (1970)
   ("licensees are responsible for the selection and presentation of program
   material over their stations, including . . . acts or omissions of their
   employees"); Alabama Educational Television Commission, 50 FCC 2d 461, 464
   (1975) (AETC lost its license in part because it failed to maintain
   exclusive authority over all of its programming decisions); WCHS-AM-TV
   Corp., 8 FCC 2d 608, 609 (1967) (maintenance of control over programming
   is a most fundamental obligation of the licensee).

   See Hill Response at 5-7.

   See Pappas Consolidated Response at 6-8.

   See Hill Response at 5-7; Pappas Consolidated Response at 6-8.

   Hill Response at 6; Pappas Consolidated Response at 8.

   See supra paragraph 22.

   47 C.F.R. S: 73.658(e).

   See supra paragraph 20.

   See JW Response at 1.

   See Mission Response at n. 3.

   See Smith Response at 1.

   See 438 U.S. 726 (1978).

   See FOX/Affiliates Consolidated Response at 7.

   See id. at 7-8.

   Action for Children's Television v. FCC, 58 F.3d 654, 660 (D.C. Cir. 1995)
   (en banc) ("ACT III"). See also Prometheus Radio Project v. FCC, 373 F.3d
   372, 401-402 (3d Cir. 2004) (rejecting argument that broadcast ownership
   regulations should be subjected to higher level of scrutiny in light of
   rise of "non-broadcast media").

   Turner Broadcasting Sys., Inc. v. FCC, 520 U.S. 180, 190 (1997) (quoting
   U.S. v. Southwestern Cable Co., 392 U.S. 157, 177 (1968)). According to
   the Court in Turner Broadcasting, although broadcast television is "but
   one of many means for communication, by tradition and use for decades now
   it has been an essential part of the national discourse on subjects across
   the whole broad spectrum of speech, thought, and expression." 520 U.S. at
   194.

   See U.S. Census Bureau, Statistical Abstract of the United States 737
   (2006).

   See Annual Assessment of the Status of Competition in the Market for the
   Delivery of Video Programming, Twelfth Annual Report, 21 FCC Rcd 2503,
   P:P: 8, 15 (2006) ("Annual Assessment").

   See id. at 2552 P: 97. It also has been estimated that almost half of
   direct broadcast satellite subscribers receive their broadcast channels
   over the air,  Media Bureau Staff Report Concerning Over-the-Air Broadcast
   Television Viewers, MB Docket No. 04-210, P: 9 (MB Feb. 28, 2005), and
   many subscribers to cable and satellite still rely on broadcast for some
   of the televisions in their households. See  Annual Assessment, 21 FCC Rcd
   at 2508 P: 15.

   See Kaiser Family Foundation, Generation M: Media in the Lives of 8-18
   Year-olds 77 (2005). According to the Kaiser Family Foundation report, 68
   percent of children aged 8 to 18 have a television set in their bedrooms,
   and nearly half of those sets do not have cable or satellite connections.

   A large disparity in viewership still exists between broadcast and cable
   television programs. For example, during the week of February 4, 2008,
   each of the top ten programs on broadcast television had more than 12.5
   million viewers, while only two programs on cable television that week -
   both professional wrestling programs - managed to attract more than 5
   million viewers.   See Nielsen Media Research, "Trend Index," available at
   http://www.nielsen.com/media/toptens_television.html (visited Feb. 14,
   2008). Indeed, that same week, 90 of the top 100-rated programs appeared
   on broadcast channels, and the highest rated cable program was number 71.
   See Television Bureau of Advertising, "Top 100 Programs on Broadcast and
   Subscription TV: Households," available at
   http://www.tvb.org/nav/build_frameset.aspx (visited Feb. 14, 2008).

   47 U.S.C. S: 560 (2000).  See United States v. Playboy Entertainment
   Group, Inc., 529 U.S. 803 (2000).

   Act III, 58 F.3d at 660.

   See infra. paragraph 36.

   Pacifica, 438 U.S. at 749. See, e.g., Youth, Pornography, and the
   Internet, ed. by Dick Thornburgh and Herbert S. Lin, p. 115 (National
   Academy Press 2002) ("As a general rule, young children do not have the
   cognitive skills needed to navigate the Internet independently. Knowledge
   of search strategies is limited if not nonexistent, and typing skills are
   undeveloped.").

   See Reno v. American Civil Liberties Union, 521 U.S. 844, 877 (1997).
   Filtering software, for example, can block access to a website based on
   the software's evaluation of the site's content. The V-chip, in contrast,
   does not evaluate television programs itself and therefore is only
   effective if the programs have been given accurate ratings. However, to
   the extent that filtering software is ineffective and children are still
   able to access indecent material on the Internet, we note that Congress
   has sought to address this problem through the Child Online Protection
   Act, a statute whose validity is still being litigated. See Ashcroft v.
   ACLU, 542 U.S. 656 (2004) (affirming preliminary injunction).

   See 521 U.S. 844 (1997).

   See id. at 871.

   See FOX/Affiliates Consolidated Response at 10-11.

   By way of example, FOX/Affiliates Group states that a number of ABC
   Television Network affiliates refused, out of fear of government
   sanctions, to carry ABC's unedited broadcast of the Oscar-winning movie
   Saving Private Ryan on Veterans Day in 2004, despite the fact that the
   network had broadcast the same uncut version of the movie on Veterans Day
   in 2001 and 2002 without sanction. See FOX/Affiliates Consolidated
   Response at 12-13. We note that, in Saving Private Ryan Order, supra note
   22, the Commission concluded that the unedited version of "Saving Private
   Ryan" did not, when considered in the context in which it was broadcast,
   contain indecent material.

   See 438 U.S. at 732.

   Action for Children's Television v. FCC, 852 F.2d 1332, 1339 (D.C. Cir.
   1988) ("ACT I"); accord ACT III, 58 F.3d at 659.

   Reno v. ACLU, 521 U.S. 844, 867 (1997). First, the Court noted that the
   Commission is "an agency that [has] been regulating radio stations for
   decades," and that the Commission's regulations simply "designate
   when-rather than whether-it would be permissible" to air indecent
   material." Id. The CDA, in contrast, was not administered by an expert
   agency, and it contained "broad categorical prohibitions" that were "not
   limited to particular times." Id. Second, the CDA was a criminal statute,
   whereas the Commission has no power to impose criminal sanctions for
   indecent broadcasts. See id. at 867, 872. Third, unlike the Internet, the
   broadcast medium has traditionally "received the most limited First
   Amendment protection." Id. at 867.

   Action for Children's Television v. FCC, 59 F.3d 1249, 1261 (D.C. Cir.
   1995) ("ACT IV"); see ACT III, 58 F.3d at 666 ("Whatever chilling effect
   may be said to inhere in the regulation of indecent speech, these have
   existed ever since the Supreme Court first upheld the FCC's enforcement of
   section 1464 of the Radio Act.").

   521 U.S. at 868. Fox/Affiliates Group also relies on Ashcroft v. American
   Civil Liberties Union, in which the Court stated that unnecessarily broad
   content-based regulation will not survive scrutiny if there is "a more
   specific technological solution that [is] available to parents . . . ."
   124 S. Ct. 2783, 2794 (2004) (citing United States v. Playboy
   Entertainment Group, Inc., 529 U.S. 803, 825 (2000)).

   FOX/Affiliates Consolidated Response at 21.

   ACT III, 58 F.3d at 665.

   See FOX/Affiliates Consolidated Response at 15-21.

   Id. at 20-21.

   See Super Bowl Order on Reconsideration, 21 FCC Rcd at 6667 P: 37. In
   congressional testimony given after Fox's broadcast of "Married by
   America", Fox's President of Entertainment acknowledged that the V-chip
   and television ratings were "underutilized." H.R. 3717, the `Broadcast
   Decency Enforcement Act of 2004': Hearing Before the Subcommittee on
   Telecommunications and the Internet of the House Comm. On Energy &
   Commerce, 107th Congress (Feb. 26, 2004) (statement of Gail Berman).
   According to a 2003 study, parents' low level of V-chip use is explained
   in part by parents' unawareness of the device and the "multi-step and
   often confusing process" necessary to use it. Annenberg Public Policy
   Center, Parents' Use of the V-Chip to Supervise Children's Television Use
   3 (2003). Only 27 percent of mothers in the study group could figure out
   how to program the V-Chip, and "many mothers who might otherwise have used
   the V-Chip were frustrated by an inability to get it to work properly."
   Id. at 4.

   See Implementation of Section 551 of the Telecommunications Act of 1996,
   Report and Order, 13 FCC Rcd 8232, 8242-43 P: 21 (1998).

   See, e.g., Barbara K. Kaye & Barry S. Sapolsky, Offensive Language in
   Prime-Time Television: Four Years After Television Age and Content
   Ratings, 48 Journal of Broadcasting & Electronic Media 554, 563-64 (2004)
   (finding that there was more coarse language broadcast during TV-PG
   programs than those rated TV-14, just the opposite of what these age-based
   ratings would lead a viewer to believe);  Henry J. Kaiser Family
   Foundation, Parents, Media and Public Policy: A Kaiser Family Foundation
   Survey 5 (2004) (nearly 4 in 10 parents of children aged 2-17 stated that
   most television programs are not rated accurately); David A. Walsh &
   Douglas A. Gentile, A Validity Test of Movie, Television, and Video-Game
   Ratings, 107 Pediatrics 1302, 1306 (2001) (study finding that parents
   concluded that half of television shows the industry had rated as
   appropriate for teenagers were in fact inappropriate, "a signal that the
   ratings are misleading.").

   ACT III, 58 F.3d at 661-62.

   Sable Communications of California v. FCC, 492 U.S. 115, 126 (1989).

   Pacifica, 438 U.S. at 749.

   ACT III, 58 F.3d at 656. See Pacifica, 438 U.S. at 750 ("The ease with
   which children may obtain access to broadcast material, coupled with the
   concerns recognized in Ginsberg [v. New York, 390 U.S. 629 (1968)], amply
   justify special treatment of indecent broadcasting.").

   See supra note 2.

   See FOX/Affiliates Consolidated Response at 25, 40.

   Cunningham Response at 3.

   FOX/Affiliates Consolidated Response at 25.

   See Southern California Broadcasting Co., 6 FCC Rcd at 4387-88.

   We reject Ft. Smith's undeveloped argument that the broadcasts were not
   "willful" due to the alleged unavailability of the program for advance
   review and the impracticality of individual episode review. Ft. Smith
   Consolidated Response at 2 n.1. Here, the affiliate stations consciously
   and deliberately broadcast the episode at issue, and, as discussed above,
   the relevant legal standard does not require any intent to violate the
   Commission's rules. In addition, the episode was taped in advance, and, as
   discussed above, there is no merit to Respondents' argument that they are
   not culpable for their actions in airing the episode. See supra paragraphs
   9-22. Moreover, the affiliates were provided with notice of the type of
   material that the episode would contain. In particular, the conclusion of
   the prior week's episode provided highlights of the upcoming episode that
   included many of the scenes that are the subject of this Forfeiture Order.
   Finally, the sexually explicit material in the episode lasted for six
   minutes, and the affiliates did not terminate the broadcast even though
   the nature of the material was readily apparent near the beginning of the
   bachelor and bachelorette parties.

   The Commission's Forfeiture Policy Statement and Amendment of Section 1.80
   of the Rules to Incorporate the Forfeiture Guidelines, Memorandum Opinion
   and Order, 12 FCC Rcd 17087, 17113 (1997), recons. denied 15 FCC Rcd 303
   (1999) ("Forfeiture Policy Statement"); 47 C.F.R. S: 1.80(b).

   Forfeiture Policy Statement, 12 FCC Rcd at 17110.

   The maximum forfeiture permitted at the time this program was aired was
   $27,500.

   See 47 C.F.R. S: 1.80(f)(1) (NAL must specify, inter alia, amount of
   apparent forfeiture penalty), S: 1.80(f)(4) (if the proposed forfeiture is
   not paid in full in response to the NAL, the Commission will issue an
   order cancelling or reducing the proposed forfeiture or requiring that it
   be paid in full).

   See 28 U.S.C. S: 2462.

   47 C.F.R. S: 1.80.

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