FEDERAL COMMUNICATIONS COMMISSION
Enforcement Bureau, Investigations and Hearings Division
445 12th Street, S.W., Room 3-B443
Washington, D.C. 20554
February 23, 2001


										In Reply Refer to:	
										EB-00-IH-0221/RBP
										ID#56101


Mr. Michael P. Palko
Buffalo, New York 

Dear Mr. Palko:

This is in response to your complaint against radio station WGR(AM), Buffalo, New York, for allegedly 
airing indecent material during "Bauerle and the Bull Dog" on May 8, 2000, at 9:15 a.m.  In support of 
your complaint you submitted brief comments from the above program.

Based on the information you have provided, it does not appear that the material about which you complain 
is indecent.  Indecency is defined as material which, in context, depicts or describes sexual or excretory 
activities or organs in a patently offensive manner as measured by contemporary community standards for 
the broadcast medium.  In determining whether broadcast material is patently offensive we look to, among 
other things, the explicitness or graphic nature of the description of sexual or excretory organs or activities 
and whether the material dwells at length on such organs or activities.  Subject matter alone is not sufficient 
to find material indecent, nor is it sufficient that some, or even most, people would find the material 
offensive.  Because the discussion you describe does not describe sexual or excretory activities or organs in 
a patently offensive manner, I am dismissing your complaint.

To assist you, we include an information sheet regarding enforcement against indecent and obscene 
programming.  The enclosure discusses the law with respect to obscene and indecent broadcasts and our 
enforcement procedures. 

Thank you for your interest in this matter.



							Sincerely,



							Charles W. Kelley
							Chief, Investigations and Hearings Division
							Enforcement Bureau
Enclosure  


		
 
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