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                 DA 96-1713     
     
                     FEDERAL COMMUNICATIONS COMMISSION
                          WASHINGTON, D.C. 20554


                                                         IN REPLY REFER TO:

          1800C1-JEE
          96070454
     95100477   

                  Released:  October 15, 1996   

          
CERTIFIED MAIL, RETURN RECEIPT REQUESTED
          
WVGO License Limited Partnership
Licensee, WBZU(FM), Richmond, VA
1011 Boulder Spring Drive, Suite 401
Richmond, VA  23225

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 WBZU(FM),
Richmond, VA, may have violated 18 U.S.C.  1464 by broadcasting allegedly indecent
material during the "Howard Stern Show" on October 23, 1995 and June 3, 1996, between 6
a.m. and 10 a.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.  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 October 23, 1995 and June 3, 1996,  Station
WBZU(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,
WVGO License Limited Partnership is hereby advised of its apparent liability for a forfeiture
of Ten Thousand Dollars ($10,000), for its apparent violation of 18 U.S.C.  1464 on October
23, 1995 and June 3, 1996.  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