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If you need the complete document, download the WordPerfect version or Adobe Acrobat version, if available. ***************************************************************** Federal Communications Commission Washington, D.C. 20554 In reply refer to: 1800C1-JEE/TMS 97030166 97070182 Released: June 29, 1998 CERTIFIED MAIL, RETURN RECEIPT REQUESTED Clear Channel Radio Licenses, Inc. Licensee, KKND-FM, Port Sulphur, LA 200 Concord Plaza Suite 600 San Antonio, TX 78216 Dear Licensee: This letter constitutes a NOTICE OF APPARENT LIABILITY FOR A FORFEITURE pursuant to Section 503(b) of the Communications Act of 1934, as amended, under authority delegated to the Chief of the Mass Media Bureau by Section 0.283 of the Commission's Rules. The Commission has received information indicating that Radio Station KKND-FM, Port Sulphur, LA, may have violated 18 U.S.C.  1464 by broadcasting allegedly indecent material during broadcasts of "The Howard Stern Show" on February 7 and 14, 1997, and April 25, 1997, between 6 a.m. and 10 a.m. Transcripts of the allegedly indecent broadcasts, taken from tapes submitted by the complainant, are attached. Pursuant to 47 U.S.C.  312(a)(6) and 503(b)(1)(D), the Commission has statutory authority to take appropriate administrative action when licensees broadcast material in violation of 18 U.S.C.  1464, which provides criminal penalties for anyone who "utters any obscene, indecent or profane language by means of radio communication." The Commission has defined indecency as language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual and excretory activities or organs. Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705, 2705 (1997) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), aff'd sub nom. FCC v. Pacifica Foundation, 438 U.S. 726 (1978)). The United States Court of Appeals for the District of Columbia Circuit has upheld the Commission's authority to restrict the broadcast of indecent material at times when there is a reasonable risk that children may be in the audience. Action for Children's Television v. FCC, 58 F.3d 654 (D.C. Cir. 1995), cert. denied, 116 S.Ct. 701 (1996). We believe the subject excerpts are indecent in that they contain language that describes sexual and excretory activities or organs in patently offensive terms. Because the material aired at times when there was a reasonable risk that children may have been in the audience, it is legally actionable. Thus, it appears that on February 7 and 14, 1997, and April 25, 1997, Station KKND-FM violated  1464 by airing indecent programming. Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, Clear Channel Radio Licenses, Incorporated is hereby advised of its apparent liability for a forfeiture of Six Thousand Dollars ($6,000), for its apparent willful and repeated violations of 18 U.S.C.  1464 on February 7 and 14, 1997, and April 25, 1997. The amount specified was determined after consideration of the factors set forth in Section 503(b)(2) of the Act, including "the nature, circumstances, extent, and gravity of the violation." In regard to this forfeiture proceeding, you are afforded a period of thirty (30) days from the date of this letter "to show, in writing, why a forfeiture penalty should not be imposed or should be reduced, or to pay the forfeiture. Any showing as to why the forfeiture should not be imposed or should be reduced shall include a detailed factual statement and such documentation and affidavits as may be pertinent." 47 C.F.R.  1.80(f)(3). Other relevant provisions of Section 1.80 of the Commission's Rules are summarized in the attachment of this letter. FEDERAL COMMUNICATIONS COMMISSION Roy J. Stewart Chief, Mass Media Bureau Attachments Radio Station: KKND-FM, Port Sulphur, LA Date/Time Broadcast: February 7 and 14, 1997, between 6 a.m. and 10 a.m. Material Broadcast: Howard Stern 97030166 HS: Howard Stern RQ: Robin Quivers MV: Male Voice FV: Female Voice MC: Male Caller FC: Female Caller Side A * * 2/7/97 HS: Let's re-enact your college hazing days. Let's, you eat a marshmallow out of Jackie's butt. RQ: (Laughs). HS: Come on, right now. MV: No, I have to make Jackie pick a marshmallow up off the ground with his (Flatulent sound). HS: Yeah, there you go. MV: What? So, it's not over so they kept telling me you got to screw this pig. Every, the weakest pledge. HS: And it really was a real pig? MV: Yeah, like Oscar. We got him in a cage and one of the guys, and I was like crying. (Sob sounds). HS: Wow. MV: All the time, I go, please, please. And we keep going and I was like, I should quit school, I should quit this, I don't want Oscar. They keep telling me I'm going to get him. And by hell week I'm so drunk and I got. HS: Now was Oscar a female or a male? MV: They didn't get that far. HS: Right. RQ: Did it matter? HS: Right, well yeah. I didn't want to do anything weird. He's not a homo. (Laughter). MV: So I got paprika all over me and Lowery's seasoning salt, they like, and they put oil. All week and hell week and you're drunk. HS: But you'd be naked and they would come into the room and like pour stuff on you? MV: Yeah, like you got Levis on, that's all you can wear and they spray paint your pledge number on you. HS: Would they strip you? MV: No. HS: Tell the truth. MV: No, it wasn't like that. No, just your shirt was off cause you had 22 guys in one room and you sleep on the floor. HS: And they wouldn't spank you and stuff? RQ: No paddling? HS: Oh, nothing sexual. M2: No wonder you didn't join. HS: Yeah. MV: So they get out there and they're going, Spade, you're getting to the very last line-up. It's been 4 months, I'm just drunk and I'm like very clear. (Unintelligible). And they go, you're going to get Oscar and I go, bring him on. RQ: (Laughs). MV: And they go, what? And I go, yeah. (Laughter). They go, here's a rubber. I don't need one. HS: You don't need a rubber? MV: I love him. HS: (Laughs). Did the pig? MV: Well, we had some tough times. We went in and out. HS: Did you do the pig? MV: I still talk to the pig. HS: Did you do the pig or not? MV: No, Howard it was a joke at the end. HS: That's a joke? MV: But I was brainwashed. HS: What's the joke? MV: No. HS: I think you did it. MV: The joke was they scare you. RQ: They (Unintelligible). The joke was they were not going to have him do the pig. HS: Oh, oh. MV: It's a brainwash Howard. * * HS: They'd torture him all week and they'd say you're going into the hazing room. Then they go in the room and what all the pledges do is, I mean all the fraternity members. RQ: The guys, yes. HS: They urinate in the room. RQ: Uh huh. HS: Alright, so the room stinks from urine. MV; Yeah, yeah. HS: This is real torture. You got off easy with the pig. MV: There was some peeing going around. M2: They really do. HS: So wait a second. First they do, this is true. So now you walk into the room blindfolded and they strip you down naked. Which is embarrasing enough. MV: Right. HS: You smell the pee and they go, okay man, open your mouth. M2: Oh. HS: And they, you have to open your mouth. RQ: (Laughs). HS: And they shove like a hotdog in your mouth. RQ: Oh. HS: And now you're thinking, you're smelling urine, and you're thinking, oh my God in heaven. And most of the guys just either pass out or vomit. (Boing sound effect). RQ: (Laughs). Why would that get them? HS: And then they'd pour like warm, don't they pour like warm apple juice or something? MV: Right, I've heard of that. (Gargling sound) M2: Whatever you can think of they've thought up and done. HS: Right. * * Side B * * 2/14/97 MV: Let me tell you something. HS: Wait a second. MV: Why is it these people, you know, women think cause they got the brush we got to yield to them. RQ: What? MV: Forget that. HS: I don't know, I. MV: It's the brush, that's what it is. The Brillo pad. It's the Brillo pad. That's what it is, the Brillo pad. They think because they got, they're naked, they got a Brillo pad, you got to pay for that. RQ: (Laughs). MV: The vagina, kiss my ass you vagina (Unintelligible). Stupid idiots. RQ: (Laughs). HS: You think a vagina. MV: They think because of their vagina, we got to kiss their ass. I got news for you. We don't need nobody's vagina. HS: Right. MV: I got a right hand. HS: Right. MV: You go to hell. HS: You got to admit though that is a great thing between a womens legs. MV: Oh, but it's so stupid. HS: Right. MV: They torture you, you want me baby? You got to pay for this brush. Here's your brush. I'll go to Woolworth's a buy a brush. HS: Alright, that's good, that's romantic. MV: I'll stick it in a glass of water. HS: What about the rest of the news Robin? RQ: My goodness. (Laughs). MV: Bunch of crap. HS: You're right. * * Radio Station: KKND-FM, Port Sulphur, LA Date/Time Broadcast: April 25, 1997, beginning at approximately 8 a.m. Material Broadcast: Howard Stern 97070182 HS: Howard Stern RQ: Robin Quivers M2: Second Male Voice M3: Third Male Voice MS: Male Singing FV: Female Voice * * HS: For those of you who were looking for dog and cow and chicken bestiality pictures on the Internet, I found the place. RQ: Oh, you have. HS: Yeah, I found a place. RQ: You finally rooted that out. HS: Yeah, I mean cause you know, I've heard about all this and quite frankly most of the pornography that I find on the Internet is just like stuff you get in Penthouse and Playboy. It's, or Hustler or one of these. RQ: Well, one of these magazines. HS: One of these magazines. This stuff is wild cause I know this has got to be illegal. This has got to be wrong. RQ: What are you looking at? M2: Very wrong. HS: This is a web page, I'll give the address in a minute, but it's called Pet Pleasure. RQ: Uh huh. M2: (Laughs). HS: And it's one of the few pages that offer stuff, it offers stuff for free. Most of these web pages you got to pay. RQ: Yeah. HS: But this guy, it's Pet Pleasure I'm on it right now, the most bizarre collection of animal lust on the net. RQ: Horses? (Horse whinny). HS: Yeah, they have a picture here, I'll describe (Horse whinny) some of the pictures if you want to come over and look you can but I'll describe them to you. Maybe, maybe it's better if I describe them, you may not be able to handle it. RQ: (Laughs). I'm very squeamish. HS: You are a little bit. That's very ladylike though, I like that. This is more of man's site. You're absolutely right. RQ: I don't think any human should be listening to that. M2: (Laughs). HS: Well, we're not clear if I'm human or not. RQ: (Laughs). HS: Alright, so, before I give the address, because I don't want people all logging on and I won't be able to get through. RQ: Yeah. Are you down loading something? HS: I'm just having so much trouble with my mouse, hold on. My pet mouse. M2: (Unintelligible). (Laughter). HS: Okay, here we go. Okay. RQ: Pet mouse is very happy. HS: Alright, this first picture is a picture of Jesus, Jackie help me out. I can't even make out what this one is. RQ: The pictures aren't good? M2: (Unintelligible). HS: I know they're very clear but I. M2: If I saw that, I would say that's definitely a dog. HS: That's a dog. That's what I would guess, too. This is just the first picture on Pet Pleasure. (Dog barking). Now, now here's tons of pictures, Robin. RQ: Okay. HS: Here are two young ladies and it usually, I've seen video of Hold the Horse Steady (Horse whinny) and here is, in fact, video of a naked woman bent over a horse and then. RQ: No, don't moan like that. You really looking at that? HS: Here, in this picture the horse is. M2: That's the same shot closer. HS: Is a closer shot. I wonder if I can double click on it. RQ: Can you. M2: Shot. HS: Doesn't. RQ: Pan and scan on those things? HS: Absolutely, I'm panning and scanning right now. RQ: (Laughs). HS: This picture, in particular, is a woman who looks like she lost her watch, is on the floor on her knees looking for it. RQ: (Laughs). HS: And a horse is placing something, well, you can get the picture. Horse is right behind her. M2: She's as accessible as she could be. (Horse whinny). HS: Here's, what is this? This is a woman on her back in the missionary position but she's with an animal and I can't figure out what animal. And here's a woman who appears very hungry. M2: Oh! HS: With a dog, and the dog is in the missionary position. RQ: Oh, no. HS: This is unbelievable, I've never seen such filth. (Dog barking). I'm looking at more of this filth. (Dog barking). RQ: Sound effect. (Laughs). HS: This is a woman again who's, is that a dog Jackie? M2: You can't tell. RQ: Is it. HS: Now she's having sex with the dog. She's having. M2: Assume it's a dog. HS: That's a dog (Dog barking) come one. Here, look, (Dog barking) they're showing you multiple pictures. The thing I don't get in all of this. RQ: What? HS: Is this piercing these women do on themselves. I've never understood that. RQ: They're all pierced? HS: Piercing their private parts. (Dog barking). M2: She must be weird. (Laughs). HS: She must be bizarre. RQ: She's wild. HS: And here she is again with the dog. (Dog barking). RQ: Is it the same woman? HS: Well, they give you different shots. RQ: Oh. HS: It's the same, it's different women, like the one with the horse is different than the one with the dogs. RQ: Uh huh. HS: Now here's a woman, what is this Jackie? I can't figure this one out. This woman is dressed, you know what kills me, a lot of these women dress up in negligees for the animals. RQ: Horses. HS: Yeah. RQ: Or the dog. HS: Yeah and it makes a guy crazy. M2: Oh, you know what that is? That's an Afghan. HS: An Afghan hound. RQ: Oh. HS: Yeah, I see it now. Right, here's his head. RQ: Oh, my goodness. (Dog barking). HS: And what kills you in this picture, she's got pink stockings and heels. RQ: Yeah, like the Afghan would notice. HS: Yeah, I guess he's turning her on. RQ: And you're upset because, women won't do this for guys, huh? HS: That's what drives me crazy about this, that these women are so into it (Dog barking). Why not come over to a guy who can't get any sex. Here's a woman with a, this one is attractive, this one is attractive and this, this is what kills too. These are attractive women with horses. RQ: They are attractive. HS: I, why is this jumping? M2: It wasn't jumping. RQ: Do you think these are pictures from America or are they European? HS: I would guess these are European. Here is a woman who is very hungry, using her mouth and I'm telling you this horse. RQ: Do you think the animals are happy? HS: Yes. I don't think there is animal abuse here. RQ: (Laughs). HS: Look at that. Look at that. M2: (Laughs). Ready to burst. HS: She's ready to burst. You can see his, all everything. (Horse whinny). RQ: Oh. HS: The horse is completely (Horse whinny) excited. (Horse whinny. Wow. RQ: People, please. (Laughs). HS: Okay, want the address? RQ: No. HS: You got to see this. This is something. Now again, they even say you got to be over 18 though to view this. RQ: Yeah, you shouldn't be young and see this. HS: Don't look at this if you're young. RQ: Crap. HS: Yeah, cause this will really pervert you. RQ: (Laughs). HS: Let me see, what is this? Jesus, this is wild. RQ: Only dogs and horses though. No chickens. HS: No, no chickens, I've seen movies with chickens from Germany. So I don't know what to tell you. What is it Gary? M3: You want the address? It's very simple. HS: Yeah, it's, it's so simple to Gary, eight times to type it into the computer. M3: Well, excuse me. HS: He couldn't type the word pleasure. Right Jackie? M3: Howard, you were standing right in front of me. I can't get near the computer. HS: In front of you? You're, here's the keyboard, how was I in front of you? M2: (Unintelligible). HS: Right, alright give the address. M2: Pet Pleasure dot com. HS: Yeah. (Voice imitating a horse whinny). RQ: (Laughs). HS: Okay, Pet Pleasure dot com. I. MS: A horse is a horse, of course, I know one can put to a horse of course, (Unintelligible) unless the horse is the famous Mr. Ed. FV: Oh wee ah, oh wee ah, oh wee ah. HS: Alright I got to take a break cause we got to get to the Mike Walker game. It's like an orgy on Noah's Ark in here. You know the Internet is really in its infancy and it's absolutely good for nothing except for looking at bestiality pictures because you can't get that stuff. RQ: And you wouldn't go to a store to buy them. M2: I did get to a really good web site the other day where I got to look at a ton of naked pictures of like Mellissa Malano(?) and the girl that was in Species. (Sexual moans in background). HS: Oh really? M2: And. HS: But you can get that in celebrity nudie magazines. M2: Yeah, but I don't have time to collect all of them. HS: Right. M2: They're all in one spot. HS: I see so it's okay on one web site? What's that address? M2: Mm, I got to go and look. HS: Okay. We'll give that to you later but this is the one, this is bizarre. Them most bizarre collection of animal lust. RQ: Are you happy you found it? M2: Howard. HS: I am. RQ: And will you look at it for a long time? HS: Yeah, I don't go to this, I'll book mark this page. M2: But Howard you realize what's going on in this page. HS: Yeah. M2: This is the free stuff. HS: Wow. RQ: There is (Unintelligible). M2: It gets wackier stuff. HS: Now what. RQ: I mean there's stuff worse than what you're looking at now. M2: We're only looking at the free pictures. HS: And I got to tell you something, if this is, this has got to be the lowest thing on the Internet except maybe for child rape. RQ: Yeah, I'm sure there's child pornography on there. HS: But this to me has got to be the lowest thing on the Internet, at least way down there and I'll tell you something, if this is the worst thing you can see, then the Internet should just be open to all people. RQ: But what about, would you mind your daughter seeing that? HS: Not at all. RQ: Alright. HS: Not at all. RQ: Well, I just thought I'd ask. HS: I don't mind at all. M2: Your daughter would probably look at it for about three seconds. HS: And say it's gross. That's it. M2: Something else. RQ: How do you know what his daughter will do? HS: You don't know my kids. M2: I've studied 13 year olds Robin. HS: No, I don't think I agree with you. I didn't think that kids. RQ: Well, I didn't mean at your kids. HS: Right, any kid in particular. RQ: Any kids, kids will look at this. HS: Satan's kids maybe will look at this and get ideas but, you know, quite frankly it's pretty gross. So if a kid saw it I think it would be good, I mean get it over with, let them see every. RQ: Boy kids? HS: Yeah, I don't care. Let them see it. RQ: They might go do this. HS: I don't know. RQ: Come on, we've talked to them on the phone. HS: You're talking about a guy in Kansas. RQ: Doesn't matter, where do you think those computers are going? HS: I don't care, let them see it, let them get ideas so a couple of dogs M2: (Unintelligible). HS: And by the way. RQ: He's going to go out and get the sheep. HS: The sheep don't look that unhappy. M2: One in every one hundred might do it. HS: Yeah, one in every one hundred. RQ: He now has statistics. HS: Alright,I got to take a break. Mike Walker is on the phone.