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                Federal Communications Commission
                      Washington, D.C. 20554


                                               In reply refer to:
     1800C1-JEE
     93080664

                           June 4, 1997

                                          Released: June 24, 1997


CERTIFIED MAIL, RETURN RECEIPT REQUESTED
                                                  
American Radio Systems License Corp.
Licensee, WCMF(AM) and WCMF(FM), Rochester, NY
116 Huntington Avenue
Boston, MA  02116


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 Stations WCMF(AM) and
WCMF(FM), Rochester, NY, have apparently violated 18 U.S.C.  1464 by broadcasting allegedly
indecent material during the "Brother Wease Morning Circus" on August 17, 1994, between 6 a.m.
and 11 a.m.  A transcript of the allegedly indecent broadcasts, taken from a tape submitted by the
complainant, is 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 or excretory activities or organs.  See Infinity Broadcasting Corporation of
Pennsylvania, 2 FCC Rcd 2705 (1987).  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, 852 F.2d 1332 (D.C. Cir. 1988).  The court subsequently concluded
that a 10:00 p.m. to 6:00 a.m. "safe harbor" was justified as a properly tailored means of vindicating
the government's compelling interest in the welfare of children.  Action for Children's Television v.
FCC, 58 F.3d 654 (D.C. Cir. 1995), cert. denied, 116 S. Ct. 701 (1996).

We believe that 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 August 17, 1994, Stations WCMF(AM) and WCMF(FM) violated 18 U.S.C.
 1464 by airing indecent programming.  

Accordingly, pursuant to Section 503(b) of the Communications Act of 1934, as amended, American
Radio Systems License Corp., is hereby advised of its apparent liability for a forfeiture of Two
Thousand Dollars ($2,000), for its apparent violation of 18 U.S.C.  1464 on August 17, 1994.  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 to this letter.

                              FEDERAL COMMUNICATIONS COMMISSION




      Roy J. Stewart
      Chief, Mass Media Bureau

Attachments