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                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554

In the Matter of                  )
Citicasters Co.                   )     Control No. 98050026
                                 )     NAL/Acct No. 918ed0001 
Licensee of Station WXTB(FM)      )
Clearwater, FL                    )
Facility ID # 11274               )

                           FORFEITURE ORDER

Adopted:  June 23, 2000                 Released:   June 27, 2000

By the Commission:

     1.   In  this  Forfeiture   Order,  we   issue  a   monetary 
forfeiture  in  the  amount  of  twenty-three  thousand   dollars 
($23,000) against Citicasters Co. (``Citicasters''), licensee  of 
Station  WXTB(FM),  Clearwater,  FL,  for  willful  and  repeated 
violations of 18 U.S.C.  1464, which prohibits the broadcast  of 
indecent material.
     2.   On October 16, 1998, the Commission issued a Notice  of 
Apparent Liability for Forfeiture to Citicasters in the amount of 
twenty-three thousand  dollars ($23,000),  for the  broadcast  of 
indecent material during the  ``Bubba, the Love Sponge''  program 
on January 7, 18, and 22, 1998,  and May 8, 1997, between 6  a.m. 
and 10 a.m.  Citicasters Co. (WXTB(FM)), 13 FCC Rcd 22004  (1998) 
(``NAL'').  By letter dated December 2, 1998, Citicasters, by its 
counsel,  responded  to  the   NAL.   Citicasters  admitted   the 
broadcast of the material cited in the NAL at or about the  times 
noted and in substantially the form presented in the  transcripts 
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'' in  order for it to make  a 
``reasoned determination of whether any aspects of the  materials 
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.   The Commission's ``definition of indecency has remained 
unchanged for years, and in rulemaking proceedings as well as  in 
the context of specific rulings,  we have amply illustrated  what 
broadcasters  may  and  may  not  do.''   WQAM  License   Limited 
Partnership (WQAM(AM), 15 FCC Rcd 2518, 2519 (2000), petition for 
reconsideration pending.   The  Commission committed  to  publish 
guidelines to assist broadcast licensees in their compliance with 
indecency regulations by consolidating information regarding  our 
past rulings in this area.  See  15 FCC Rcd at 2519 and  footnote 
1,  supra.   However,  those  guidelines  will  not  change   the 
definition  of   indecency   or  the   Commission's   enforcement 
procedures, both  of which  have been  affirmed by  the  courts.2  
Moreover, as we have previously stated, ``[w]hile we still intend 
to issue such guidance, we continue to believe that our  existing 
rulemaking orders  and case  law provide  sufficient  guidance.'' 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of  the  Rules  to Incorporate  the  Forfeiture   Guidelines 
(Reconsideration Order), 15  FCC Rcd 303,  306 (1999).  Thus,  we 
find no  merit to  Citicasters'  argument that  it is  unable  to 
substantively respond  to the  NAL until  after issuance  of  the 
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''),3 and  Sections  0.111,  0.311  and  1.80(f)(4)  of  the 
Commission's rules,4  Citicasters Co.  IS LIABLE  FOR A  MONETARY 
FORFEITURE  in  the  amount  of  twenty-three  thousand   dollars 
($23,000) for  willfully and  repeatedly  violating 18  U.S.C.   

     5.   Payment of the forfeiture shall  be made in the  manner 
provided for in Section 1.80 of the Commission's rules5 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.6  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. 20554.7
     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.

                         Magalie Roman Salas


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 Action for Children's Television v. FCC, 852 F. 2d 1332, 1339 
(D.C. Cir. 1988) (``ACT I'') (subsequent history omitted); Action 
for Children's Television v. FCC, 59 F.3d 1249 (D.C. Cir. 1995), 
cert. denied, 116 S.Ct. 773 (1996) (``Act IV'') (rejected a 
facial challenge to the Commission's procedures for imposing 
forfeitures for the broadcast of indecent material).  See also 
Commission's Forfeiture Policy Statement and Amendment of Section 
1.80 of the Rules to Incorporate the Forfeiture  Guidelines 
(Reconsideration Order), 15 FCC Rcd 303, 305-06 (1999) (courts 
have upheld the Commission's procedures for imposing forfeitures 
and its indecency standard).

3 47 U.S.C.  503(b).

4 47 C.F.R.  0.111, 0.311, 1.80(f)(4).

5 47 C.F.R.  1.80.

6 47 U.S.C.  504(a).

7 See 47 C.F.R.  1.1914.