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                Federal Communications Commission
                      Washington, D.C. 20554


                                               In reply refer to:
     1800C1-JEE
     97030321
     
                          June 19, 1997

                                          Released: June 24, 1997


     CERTIFIED MAIL, RETURN RECEIPT REQUESTED
                                                  
Jacor Broadcasting Corporation
Licensee, WEBN(FM), Cincinnati, OH
C/O Hogan & Hartson, LLP
555 14th Street, NW
Washington, DC  20004        


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 WEBN(FM), Cincinnati,
OH, may have violated 18 U.S.C.  1464 by broadcasting allegedly indecent material during 
broadcasts of "Bubba, the Love Sponge" on February 25 and 26, 1997, between 9 p.m. and 10 p.m. 
A transcript of the allegedly indecent broadcasts, taken from tapes 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.  Infinity Broadcasting Corporation of
Pennsylvania, 2 FCC Rcd 2705, 2705 (1987) (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, 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 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 25 and 26, 1997, Station WEBN(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, Jacor
Broadcasting Corporation is hereby advised of its apparent liability for a forfeiture of Four Thousand
Dollars ($4,000), for its apparent willful and repeated violations of 18 U.S.C.  1464 on Februaury
25 and 26, 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 to this letter.

                              FEDERAL COMMUNICATIONS COMMISSION




      Roy J. Stewart
      Chief, Mass Media Bureau

Attachments