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Before the
Federal Communications Commission
Washington, D.C. 20554
In the Matter of )
)
Citicasters Co. ) Control No. 98060074
) NAL/Acct. No. 918ed0009
Licensee of Station WXTB(FM) )
Clearwater, FL )
Facility ID # 11274 )
)
FORFEITURE ORDER
Adopted: June 27, 2000 Released: June 28, 2000
By the Chief, Enforcement Bureau:
1. In this Forfeiture Order, we issue a monetary
forfeiture in the amount of seven thousand dollars ($7,000)
against Citicasters Co. (``Citicasters''), licensee of Station
WXTB(FM), Clearwater, FL, for willful violation of 18 U.S.C. §
1464, which prohibits the broadcast of indecent material.
2. On January 8, 1999, the Mass Media Bureau issued a
Notice of Apparent Liability for Forfeiture to Citicasters in the
amount of seven thousand dollars ($7,000), for the broadcast of
indecent material during the ``Bubba, the Love Sponge'' program
on May 28, 1998, at 8:00 a.m. Citicasters Co. (WXTB(FM)), 14 FCC
Rcd 127 (MMB 1999) (``NAL''). By letter dated February 8, 1999,
Citicasters, by its counsel, responded to the NAL. Citicasters
admitted the broadcast of the material cited in the NAL at or
about the time noted and in substantially the form presented in
the transcript attached to the NAL. Citicasters, however, asked
for leave to supplement its letter response within 30 days after
the Commission issues its ``industry guidance relating to its
case law interpreting 18 U.S.C. § 1464 and the FCC's enforcement
policy with respect to broadcast indecency'' as it has committed
to do.1 Specifically, Citicasters claims that issuance of
indecency guidelines is ``necessary'' for it to make a ``reasoned
determination of whether any aspects of the material cited'' in
the NAL are in violation of 18 U.S.C. § 1464. Citicasters also
asserts that the guidelines are ``necessary to help it evaluate''
why a forfeiture should not be imposed or should be reduced.
3. Citicasters made identical arguments in response to an
October 16, 1998, Notice of Apparent Liability the Commission
issued for another broadcast of indecent material on Station
WXTB(FM). Citicasters Co. (WXTB(FM)), 13 FCC Rcd 22004 (1998).
The Commission fully considered and rejected Citicasters'
arguments in a Forfeiture Order released June 27, 2000 (FCC 00-
230). Similarly, we reject Citicasters' claim that it is unable
to respond substantively to the NAL until after issuance of
indecency guidelines and we see no reason to await issuance of
the guidelines before imposing the forfeiture order in this case.
In the absence of any substantive response to our NAL, we impose
a forfeiture for the full amount originally proposed.
4. Accordingly, IT IS ORDERED THAT, pursuant to Section
503(b) of the Communications Act of 1934, as amended (the
``Act''),2 and Sections 0.111, 0.311 and 1.80(f)(4) of the
Commission's rules,3 Citicasters Co. IS LIABLE FOR A MONETARY
FORFEITURE in the amount of seven thousand dollars ($7,000) for
willfully violating 18 U.S.C. § 1464.
5. Payment of the forfeiture shall be made in the manner
provided for in Section 1.80 of the Commission's rules4 within 30
days of the release of this Forfeiture Order. If the forfeiture
is not paid within the period specified, the case may be referred
to the Department of Justice for collection pursuant to Section
504(a) of the Act.5 Payment may be made by credit card through
the Commission's Credit and Debt Management Center at (202) 418-
1995 or by mailing a check or similar instrument, payable to the
order of the Federal Communications Commission, to the Federal
Communications Commission, P.O. Box 73482, Chicago, Illinois
60673-7482. The payment should note the NAL/Acct. No. referenced
above. Requests for full payment under an installment plan
should be sent to: Chief, Credit and Debt Management Center, 445
12th Street, S.W., Washington, D.C. 20554.6
6. IT IS FURTHER ORDERED that a copy of this Forfeiture
Order shall be sent by Certified Mail Return Receipt Requested to
Citicasters Co.'s counsel, Marissa G. Repp, Hogan & Hartson, 555
Thirteenth Street, N.W., Washington, D.C. 20004-1109.
FEDERAL COMMUNICATIONS COMMISSION
David H. Solomon
Chief, Enforcement Bureau
_________________________
1 Citicasters' letter response at 2. See paragraph 2(b) of the
February 22, 1994, Agreement for Settlement and Dismissal with
Prejudice between the United States of America, by and through
the Department of Justice and Federal Communications Commission,
and Evergreen Media Corporation of Chicago, AM, Licensee of Radio
Station WLUP(AM). United States v. Evergreen Media Corp., Civ.
No. 92 C 5600 (N.D. Ill., E. Div. 1994).
2 47 U.S.C. § 503(b).
3 47 C.F.R. §§ 0.111, 0.311, 1.80(f)(4).
4 47 C.F.R. § 1.80.
5 47 U.S.C. § 504(a).
6 See 47 C.F.R. § 1.1914.