******************************************************** NOTICE ******************************************************** This document was converted from WordPerfect or Word to ASCII Text format. Content from the original version of the document such as headers, footers, footnotes, endnotes, graphics, and page numbers will not show up in this text version. All text attributes such as bold, italic, underlining, etc. from the original document will not show up in this text version. Features of the original document layout such as columns, tables, line and letter spacing, pagination, and margins will not be preserved in the text version. If you need the complete document, download the Word or WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** 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.