*Pages 1--18 from Microsoft Word - 21583.doc* FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 Before the Federal Communications Commission Washington, D. C. 20554 In the Matter of ) File No. EB- 01- IH- 0395 ) Entercom Seattle License, LLC ) NAL/ Acct. No. 200232080005 ) FRN 0003- 2457- 19 Licensee of Station KNDD( FM), ) Facility ID #34530 Seattle, Washington ) FORFEITURE ORDER Adopted: September 26, 2002 Released: September 27, 2002 By the Chief, Enforcement Bureau: I. INTRODUCTION 1. In this Forfeiture Order, we impose a forfeiture of $12,000 on Entercom Seattle License, LLC (“ Entercom”), licensee of Station KNDD( FM), Seattle, Washington, for willful and repeated violations of 18 U. S. C. § 1464 and 47 C. F. R. § 73.3999, which prohibit the broadcast of indecent material at certain times of day. We take this action pursuant to 47 U. S. C. § 503( b)( 1)( D) and 47 C. F. R. § 1.80( f)( 4). II. BACKGROUND 2. The Commission received a complaint that KNDD( FM) broadcast indecent material on May 30, 2001 and on June 1, 2001. The complainant described the material broadcast, which, the complainant alleged, concerned whether a penis could be used to lift or pull objects. After reviewing the complaint, we issued a letter of inquiry to Entercom. Entercom submitted a response, and included a transcript of the material at issue in the complaint, which Entercom had prepared. See Attachment. Entercom also argued that the material, in context, is not patently offensive as measured by contemporary community standards for the broadcast medium, and thus is not actionably indecent. 3. On January 28, 2002, the Bureau issued a Notice of Apparent Liability (“ NAL”), 1 which found that the material apparently violated the Commission’s indecency rule. We concluded that a monetary sanction in the base forfeiture amount of $7,000 appeared appropriate with respect to each broadcast. Accordingly, the NAL proposed a forfeiture of $14,000. 4. Entercom challenges the NAL’s findings. Entercom argues that there is a clear absence of any sexual or excretory context or import in the complained of material because the material does not include discussion, either explicit or implicit, about the sexual or excretory functions of the male genitalia. In addition, Entercom contends that the material does not dwell on or repeat at length sexual or excretory descriptions and does not pander, and is not used to titillate or shock. For these reasons, Entercom argues that the material is not actionably indecent and requests cancellation of the forfeiture. In the alternative, Entercom asserts that if the 1 Entercom Seattle License, LLC, Notice of Apparent Liability, 17 FCC Rcd 1672 (EB 2002). 1 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 2 proposed forfeiture is not cancelled, the forfeiture amount should be adjusted downward to reflect the company’s excellent history of overall compliance with the Commission’s rules and the minor nature of the alleged violation. 2 III. DISCUSSION 5. It is a violation of federal law to broadcast obscene or indecent programming. Specifically, Title 18 of the United States Code, Section 1464 (18 U. S. C. § 1464), prohibits the utterance of “any obscene, indecent or profane language by means of radio communication.” Congress has given the Federal Communications Commission the responsibility for administratively enforcing 18 U. S. C. § 1464. In doing so, the Commission may, among other things, impose a monetary forfeiture, pursuant to Section 503( b)( 1) of the Communications Act (the “Act”), 47 U. S. C. § 503( b)( 1), for broadcast of indecent material in violation of 18 U. S. C. § 1464. Federal courts have upheld Congress’s authority to regulate obscene speech and, to a limited extent, indecent speech. Specifically, the U. S. Supreme Court has determined that obscene speech is not entitled to First Amendment protection. Accordingly, Congress may prohibit the broadcast of obscene speech at any time. 3 In contrast, federal courts have held that indecent speech is protected by the First Amendment. 4 Nonetheless, the federal courts consistently have upheld Congress’s authority to regulate the broadcast of indecent speech, as well as the Commission’s interpretation and implementation of the statute. 5 However, the First Amendment is a critical constitutional limitation that demands we proceed cautiously and with appropriate restraint. 6 Consistent with a subsequent statute and case law, 7 under the Commission’s rules, no radio or television licensee shall broadcast obscene material at any time, or broadcast indecent material during the period 6 a. m. through 10 p. m. See 47 C. F. R. § 73.3999. 2 Entercom also makes a general statement that it incorporates its argument, made in response to our letter of inquiry, that the material at issue is consistent with contemporary community standards for the broadcast medium. However, Entercom does not specifically challenge our reasons for rejecting that argument in the NAL. In addition, Entercom contends that our definition of indecency is unconstitutional, citing Reno v. ACLU, 521 U. S. 844 (1997). However, the Commission previously has rejected constitutional challenges to our broadcast indecency standards based on Reno v. ACLU, a case which invalidated an indecency standard for the Internet. See, e. g., WQAM License Limited Partnership, 15 FCC Rcd 2518 (2000)( noting that the Court indicated that broadcast indecency regulations were justified based on significant differences between the Internet and the broadcast medium and between the standard in the statute at issue and the Commission’s broadcast indecency standard). 3 See Sable Communications of California, Inc. v. FCC, 492 U. S. 115 (1989); Miller v. California, 413 U. S. 15 (1973), rehearing denied, 414 U. S. 881 (1973). 4 Sable Communications of California, Inc. v. FCC, supra note 3, 492 U. S. at 126. 5 FCC v. Pacifica Foundation, 438 U. S. 726 (1978). See also Action for Children’s Television v. FCC, 852 F. 2d 1332, 1339 (D. C. Cir. 1988) (“ ACT I”); Action for Children’s Television v. FCC, 932 F. 2d 1504, 1508 (D. C. Cir. 1991), cert denied, 112 S. Ct. 1282 (1992) (“ ACT II”); Action for Children’s Television v. FCC, 58 F. 3d 654 (D. C. Cir. 1995), cert denied, 116 S. Ct. 701 (1996) (“ ACT III”). 6 ACT I, supra note 5, 852 F. 2d at 1344 (“ Broadcast material that is indecent but not obscene is protected by the first amendment; the FCC may regulate such material only with due respect for the high value our Constitution places on freedom and choice in what people say and hear.”). See also United States v. Playboy Entertainment Group, Inc., 529 U. S. 803, 813- 15 (2000). 7 Public Telecommunications Act of 1992, Pub. L. No. 356, 102 nd Cong., 2 nd Sess. (1992); ACT III, supra note 5. 2 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 3 6. In enforcing its indecency rule, the Commission has defined indecent speech as language that first, in context, depicts or describes sexual or excretory organs or activities. Second, the broadcast must be “patently offensive as measured by contemporary community standards for the broadcast medium.” Infinity Broadcasting Corporation of Pennsylvania, 2 FCC Rcd 2705 (1987) (subsequent history omitted) (citing Pacifica Foundation, 56 FCC 2d 94, 98 (1975), aff’d sub nom. FCC v. Pacifica Foundation, 438 U. S. 726 (1978)). This definition has been specifically upheld by the federal courts. 8 The Commission’s authority to restrict the broadcast of indecent material extends to times when there is a reasonable risk that children may be in the audience. ACT I, supra. As noted above, current law holds that such times begin at 6 a. m. and conclude at 10 p. m. 9 7. The Commission’s indecency enforcement is based on complaints from the public. Once a complaint is before the Commission, we evaluate the facts of the particular case and apply the standards developed through Commission case law and upheld by the courts. Indecency Policy Statement, supra, 16 FCC Rcd at 8015, ¶ 24. “Given the sensitive nature of these cases and the critical role of context in an indecency determination, it is important that the Commission be afforded as full a record as possible to evaluate allegations of indecent programming.” Id. In evaluating the record to determine whether the complained of material is patently offensive, three factors are particularly relevant: (1) the explicitness or graphic nature of the description; (2) whether the material dwells on or repeats at length descriptions of sexual or excretory organs or activities; and (3) whether the material appears to pander or is used to titillate or shock. See Indecency Policy Statement, supra, 16 FCC Rcd at 8003 ¶ 10. 8. There is no question that the material broadcast on May 30, 2001 and June 1, 2001 referred to sexual organs and that it aired between 6 a. m. and 10 p. m. In this regard, Entercom contends that the NAL “is a radical and unexplained departure from past FCC case precedent, where an unmistakable sexual or excretory import has been an indispensable element of an indecency finding.” We disagree. The indecency definition clearly encompasses references to sexual organs, separate and apart from sexual activities. Moreover, as discussed below, we reject Entercom’s assertion that the broadcasts on May 30, 2001 and June 1, 2001 were not patently offensive, and thus do not meet the Commission’s definition of indecent material. We conclude that both broadcasts violated the Commission’s indecency rule. 9. Entercom argues that our finding that the complained of material meets the Commission’s indecency definition indicates that the use of the clinical term “penis” during a broadcast is per se indecent. In this regard, Entercom claims that the material aired on KNDD( FM) constituted humorous segments containing clinical, non- sexual references to male genitalia in the context of a genuine news story. However, contrary to Entercom’s argument, the material at issue, in context, was neither clinical nor a news story. In this regard, we evaluate whether material is patently offensive under the three key factors set forth above, and it is the overall context of the material that is critically important. See Indecency Policy Statement, 16 FCC Rcd at 8003- 04. 8 In FCC v. Pacifica Foundation, the Court quoted the Commission’s definition of indecency with apparent approval. FCC v. Pacifica Foundation, supra note 5, 438 U. S. at 732. In addition, the D. C. Circuit Court of Appeals upheld the definition against constitutional challenges. ACT I, supra note 5, 852 F. 2d at 1339; ACT II, supra note 5, 932 F. 2d at 1508; ACT III, supra note 5, 58 F. 3d at 657. 9 ACT III, supra note 5. 3 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 4 10. Entercom contends that under the first key factor, the Commission has found broadcasts that are more graphic than the material at issue were not indecent. Entercom cites the “Power, Power, Power” segment at issue in Great American Television and Radio Company, Inc., (WFBQ( FM)/ WNDE( AM)), 6 FCC Rcd 3692, 3693 (MMB 1990) as an example of material with obviously sexual references that nevertheless did not meet the Commission’s indecency definition. However, in Great American, the Mass Media Bureau accepted the licensee’s assertion that the sexual references in this segment were susceptible to other harmless interpretations. Here, the material at issue contains explicit and graphic references to male genitalia not similarly susceptible to an interpretation that does not involve sexual organs. Although Entercom claims that this material is clinical and is part of a legitimate news story, we find nothing clinical in the overall context of this material. There is a reference to a news story on a similar subject in the material broadcast on May 30, 2001. However, the overall context of the material is not a bona fide newscast. 11. Entercom claims, under the second key factor, that there is no persistent focus on sexual or excretory material in either the May 30, 2001 or the June 1, 2001 broadcast. Entercom argues that there are extensive references to the penis in the May 30 broadcast as a consequence of the news story that prompted the segment and that these references are non- sexual. In addition, Entercom argues that the material broadcast on June 1, 2001 was considerably shorter, and contained only fleeting references to male sexual organs. However, the references to male genitalia in the May 30, 2001 and June 1, 2001 broadcasts on KNDD( FM) were repeated, and not isolated. Given the overall context of the material, these references cannot be considered to be fleeting. 10 12. Finally, under the third key factor, Entercom argues that we ignored the absence of a sexual context, and erred by finding that the material broadcast on May 30, 2001 and June 1, 2001 was vulgar and lewd. Entercom specifically claims that citations in the NAL to cases involving similar material are readily distinguishable because the material aired on KNDD( FM) did not involve sexual functions or use of the male genitalia in sexual activities. However, as set forth above, the Commission’s indecency definition is applicable to material that describes or depicts sexual organs, which was the subject of these broadcasts. The cases cited in the NAL support our conclusion that the material was patently offensive, and there is additional precedent finding that material describing sexual organs, in context, also meets the Commission’s indecency definition. 11 13. Moreover, the graphic descriptions of the male genitalia and the comments of the on-air personalities demonstrate that the material, in context, was used to titillate and shock. In this regard, we reject Entercom’s assertion that these broadcasts are similar to material that the Commission has determined not to be actionably indecent. For example, the case concerning an 10 See, e. g., Three Eagles of Columbus, Inc.( KROR( FM)), 15 FCC Rcd 13624, 13625, forfeiture reduced, 15 FCC Rcd 18902 (EB 2000)( forfeiture paid). 11 Independent Group Limited Partnership (WWWE( AM)), 6 FCC Rcd, 3711, 3712 (MMB 1990); Goodrich Broadcasting, Inc. (WVIC- FM), 6 FCC Rcd 2178, aff’d 6 FCC Rcd 7484 (MMB 1991); KFI, Inc.( KFI( AM)), 6 FCC Rcd 3699, 3700 (MMB 1989), cited at note 10 of the NAL, supra note 1, 17 FCC Rcd at 1675. See, e. g., Capstar TX Limited Partnership (KTXQ( FM)), 15 FCC Rcd 19615, 19619 (EB 2000)( segment with discussion of deformities in male genitals); The Rusk Corporation (KLOL( FM)), 5 FCC Rcd 6332, 6334- 35 (MMB 1990)( on- air discussion concerning shaving the female genitalia and on- air reference to “Aunt Vagina”). 4 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 5 episode of the “Geraldo Rivera Show” entitled “Unlocking the Great Mysteries of Sex,” was not patently offensive within the meaning of the statute because the program as a whole was a serious discussion of sex with people knowledgeable in such matters. See Letter from Chief, Complaints and Investigation Branch, Enforcement Division, Mass Media Bureau to Gerald P. McAtee (Oct. 26, 1989). Here, contrary to Entercom’s assertion, the material, in context, cannot be characterized as clinical, instructional or a bona fide newscast. 12 14. Section 503( b) of the Act and 47 C. F. R. § 1.80 both state that any person who willfully or repeatedly fails to comply with the Act or the Commission’s rules shall be liable for a forfeiture penalty. For purposes of 47 U. S. C. § 503( b), the term “willfully” means that the violator knew that it was taking the action in question, irrespective of any intent to violate the Commission’s rules, while “repeatedly” means more than once. 13 15. The Commission’s Forfeiture Guidelines set a base forfeiture amount of $7,000 for transmission of indecent/ obscene materials. 14 In the NAL, we proposed a $14,000 forfeiture based upon the broadcast of apparently indecent material on two separate occasions on May 30, 2001 and June 1, 2001. In this case, Entercom argues that a downward adjustment of the proposed $14,000 forfeiture is warranted because of the “minor nature” of the violations and because it has an excellent history of overall compliance with the Commission’s rules. 16. The Forfeiture Guidelines specify that the Commission shall adjust a forfeiture based upon the consideration of the factors enumerated in section 503( b)( 2)( D) of the Act, such as nature, circumstances, extent and gravity of the violation, and, with respect to the violator, the degree of culpability, any history of prior offenses, ability to pay, and such other matters as justice may require. 15 Although we disagree with Entercom’s assertion that broadcast of indecent material on two separate occasions constitutes a minor violation, we believe that a downward adjustment of the forfeiture amount is appropriate in light of Entercom’s record of compliance. After considering all the facts and circumstances, we conclude that a $12,000 forfeiture is appropriate in this case. 16 IV. ORDERING CLAUSES 17. Accordingly, IT IS ORDERED THAT, pursuant to 47 U. S. C. § 503( b), and 47 C. F. R. §§ 0.111, 0.311 and 1.80, Entercom Seattle License, LLC FORFEIT to the United States the sum of twelve thousand dollars ($ 12,000) for willfully and repeatedly violating 18 U. S. C. § 1464 and 47 C. F. R. § 73. 3999. 12 See, e. g., GA- MEX Broadcasting, Inc. (WAZX( AM)/ WAZX( FM)), DA 01- 996 (EB May 1, 2002). 13 See Southern California Broadcasting Co., 6 FCC Rcd 4387 (1991). 14 47 U. S. C. § 503( b)( 2)( D). See also The Commission’s Forfeiture Policy Statement and Amendment of Section 1.80 of the Rules to Incorporate the Forfeiture Guidelines, 12 FCC Rcd 17087, 17100- 01 (1997), recon. denied, 15 FCC Rcd 303 (1999) (“ Forfeiture Guidelines”). Forfeiture Guidelines, supra note 13, 12 FCC Rcd at 17113. 15 47 U. S. C. § 503( b)( 2)( D). See also Forfeiture Guidelines, supra note 14, 12 FCC Rcd at 17100- 01. 16 See, e. g., Regent Licensee of Flagstaff, Inc. (KZGL( FM)), 15 FCC Rcd 17286 (EB 2000)( forfeiture paid)( downward adjustment of forfeiture assessed for indecency violation based on licensee’s record of compliance). 5 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 6 18. Payment of the forfeiture may be made by mailing a check or similar instrument, payable to the order of the Federal Communications Commission, to the Forfeiture Collection Section, Finance Branch, Federal Communications Commission, P. O. Box 73482, Chicago, Illinois 60673- 7482, within thirty (30) days of the release of this Forfeiture Order. See 47 C. F. R. § 1.80( h). The payment MUST INCLUDE the FCC Registration Number (FRN) referenced above, and also should note the NAL/ Acct. No. referenced above. If the forfeiture is not paid within that time, the case may be referred to the Department of Justice for collection pursuant to 47 U. S. C. § 504( a). 19. IT IS FURTHER ORDERED THAT a copy of this FORFEITURE ORDER shall be sent by Certified Mail Return Receipt Requested to John C. Donlevie, Executive Vice- President, Entercom Seattle License, LLC, 401 City Avenue, Suite 409, Bala Cynwyd, Pennsylvania, 19004 and to Entercom’s counsel, Brian M. Madden, Esq., Dennis P. Corbett, Esq., and Philip A. Bonomo, Esq., Leventhal, Senter & Lerman P. L. L. C., 2000 K Street, N. W., Suite 600, Washington, D. C. 20006- 1809. FEDERAL COMMUNICATIONS COMMISSION David H. Solomon Chief, Enforcement Bureau 6 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 7 ATTACHMENT Radio Station: KNDD( FM), Seattle Washington Dates/ Time of Broadcasts: May 30, 2001 and June 1, 2001, between 6 a. m. and 10 p. m. Material Broadcast: The Andy Savage Show May 30, 2001 AS: Andy Savage J: Jody B: Bob, the Producer MV: Caller AS: That was the Red Hot Chili Peppers, 107.7, The End. It's 7: 16, I'm Andy Savage, along with Jody, Queen of Normandy and Bob the Producer, who's filling in for Steve the Producer. B: Woop, Woop. AS: 50 going to 70 for the high today. It's going to be sunny J: Was that your wacky producer noise right there? Woop, woop, woop, woop, woop! AS: Bob, I don't think you should be saying anything 'cuz you lost on "Beat the Producer. B: Alright, I'm Sorry, I'll be quiet. AS: Meanwhile in India when they protest against the federal government, you know they don't blow things up or anything, they pull Jeeps with their penises. A uh, Naga Sathu naked holy man was demonstrating again the government harassment of naked holy men and to make sure that they heard him he tied a rope around his penis and pulled a Jeep. J: He should have just used a megaphone like everyone else. What the Indian government has a big problem with naked holy men? Are they're running around crazy like? AS: I guess so, I guess it's against the law. But he, I guess, pulled a Jeep to prove his point. I'm sure it was in neutral. I hope it was in neutral. J: I can imagine it was in neutral. I'm sure it was one of those like Suzuki Samurais too, not a big Hummer. AS: Holy crap Nadi, he just pulled a Jeep and it was in park - he did it with his penis! 7 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 8 J: You always hear about guys lifting stuff and pulling stuff with things attached to their penises. I think that is incredible. Could you pull something with your penis? AS: Me? J: Like if I was to tie, let's say um, what if it was something small like. AS: I'd pull my penis right off! J: If it was something small like AS: Like an acorn, yeah I can drag that around. J: Like my orange. Let's say I tied a rope around my orange and then tied the other end to your penis, and you could pull that? AS: Of course I could drag that. J: How about a 13 inch TV? Like at what point do you think. AS: If I think, I think if I was fully erect I could pull a 13 inch TV. J: So you would have to be erect? AS: Yes. J: Bob? AS: Not for an orange though. J: Bob, could you pull a 13 inch TV? B: No. I'm not going heavier than ten pounds. I'm not. That’s about my cutoff, about ten pounds- erect, no erect. Ten pounds. J: Well what do you think the problem would be, that you'd pull your back out or you'd actually pull your penis off? B: Perhaps. AS: No, I don't think you'd pull your penis off with a TV that small. J: Cause if these guys can drag stuff, why can't you? AS: We're talking about a Jeep. Why, I don't know I've never tried nor do I care to try 8 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 9 J: I want to see somebody pull something with their penis right in front of me live, here in the studio. B: You could do a lot of damage. J: Really. B: You could tear some tissue. You don't even want to joke around with…. AS: Yeah. It's in there in some sort of socket I'm sure. What if it just pops right out. That would suck. J: Well it's like saying, you know, what if we're arm wrestling and my arm pops out of the socket. AS: That's true. J: Things are attached with muscles and tendons. Your penis is attached with muscles and tendons. AS: No it's a tissue that fills with blood, that's all, J: Well it's attached. AS: Well yeah, it's just skin though. It's not like it's an attached bone. J: Well if Naboo whatever can pull a Jeep with his penis…. AS: Naga Sathu. J: Do you think that he has some super penis? AS: No. J: And yours is not so super? B: He's been practicing for a long ass time. He didn't first start with a Jeep. J: What about those guys that ? AS: Mr. Lifto from the Jim Rose Circus. J: He lifts stuff. AS: He lifts stuff with his penis and he lifts like concrete blocks doesn't he? 9 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 10 B: But he started small. J: So you gotta start small and practice and build up. AS: I'm sure there's a training regime just, like in any sport. J: Really? AS: You don't start out with a shot- put and throw it, you know, fifty you know .... J: Yards. AS: Right, whatever. You gotta start small. J: With like an acorn for instance. AS: I don't know. How do you learn how to, I guess it's like anything. You practice, you get better. You pull things with your penis. You go from an orange to a 13 inch TV to maybe a motorcycle. J: Can I, can I put something out here, and if you don't like what I'm about to say then go ahead and just say Jody shut up. We have so many concert tickets right now, just flying out of all our pockets - I say tomorrow morning if someone is willing to come in here and let me tie something onto their penis and if they can pull it like five feet…. Maybe something like five pounds, if they can pull it five feet here in the studio, we'll give them concert tickets. Their choice. AS: Well, I'll go along with that. But I mean I think it should be a 'bid' thing. For example, Joe can call up and say yeah I'll pull an orange for you five feet, big deal. Who wants to see that? J: But if someone else can pull a 13 inch TV? AS: Right. Somebody who's gonna do something kind of amazing, yeah we'd love to have you. J: So their choice Godsmack & Deftones tickets or AS: Three Doors Down. J: Three Doors Down with Tantric and Lifehouse. AS: Yes. 10 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 11 J: Their choice. B: We're gonna see an amazing spectacle of penis pulling. J: I wanna see some penis pulling. B: I guarantee, I guarantee there's people out there that can pull a lot of stuff with their penis and we're gonna hear from them. AS: Do you think there's a lot of people out there that spend a lot of time practicing? I mean if they did, wouldn't we hear about them in the news or like in some show, like in the Jim Rose Circus? J: You know certain people collect stamps? Other people pull stuff with their penis. It's whatever your hobby is. AS: Well this guy did a freakin' Jeep. I don't think anybody is gonna do that well. J: That's incredible. AS: Yes it is. How about a Volkswagen? J: Some sort of smallish Cabriolet type thing? AS: A little lighter, yeah? J: No, we don't need something like that. I'm sayin' like, you know, some sort of studio equipment that weighs like ten pounds. AS: Let's say, for example, we get 20 people to call in and say yes, I can pull stuff with my penis. Why don't we get all 20 in to pull the Volkswagen? J: Wow. AS: That'll make the news. J: That'd be something. AS: Alright. Well, check it out. 421- 107. It's 7: 21. Coming up we're gonna give you a chance to win some Godsmack/ Deftones tickets in a different sort of way and we're still waiting for the Stone Temple Pilots "Days of the Week." J: Yeah, (clapping) whew. AS: It should be here any minute now. 11 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 12 [Recorded Voice Over: 107.7, The End, Music News You Can Use -- with Steve the Producer. Now.] J: If you enjoyed Weezer's new "Green" album you waited four years for, it looks like you're not going through that again. AS: You have it, we have it. J: We have what? AS: We have the new Stone Temple Pilots. J: Oh nice. AS: Alright, do that. J: Alright, I'll do this real quick. J: Uh, Weezer used one day off to go into the studio and start recording new songs already. They've already laid down demos for twelve new songs about sixteen minutes of music. I'd imagine in case you are wondering, among the new songs one is called "American Gigolo," there is an instrumental called "Burnt Jamb" that is, j- a- m- b like a doorjamb because they are clever. Mikey Walsh the bassist says that they do want to put out a new album every year just like the bands in the sixties use to and that waiting four years was obviously a bad idea. Again Endless Summer Concert #6 are down with Tantric and Lifehouse. Wednesday July 11, Pickeria, tickets on sale Friday 4: 00 p. m. at Ticketmaster $27.50. Also Endless Summer Concert #7, Godsmack and Deftones Friday, July 13 at the Gorge. Tickets go on sale 11a. m. Ticketmaster, $35.00. Of course, listen all week to win tickets before you can buy them here on the morning show and inside of Endmail at 107.7.com for extra chances to win. AS: Yeah. J: That's it. AS: Traffic. J: I- 5 north bound heavy at south bound 88th street and then messy from Oliver Place to Seattle Bridge. 1- 5 south bound congested from 1- 96 southwest to northeast 185th street and shoreline continues heavily at north gate also sluggish approaching the ship Canal Bridge. 1- 5 express lanes are heavy through the Convention Center. 405 north bound congested from the Rednest Curve to Colecreek Parkway. 405 South bound slow from 12 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 13 532 Northeast 85 th Street and then heavy at Northeast 44 th south. Stop and go through the Red Nest Curve and then messy from 167 to the 1- 5 Interchange at South Center. 520 East Bound heavy stop and go throughout the arboretum and that's your End traffic. AS: Hmm. J: You ready over there? AS: Ah, yeah, I'm, I'm just thinking to myself, you know I bet if we had twenty guys pulling on a Volkswagon with their penises Q13 would cover it. J: You think? AS: Yes, I think they will cover it. J: But we don't, do we have enough concert tickets for twenty guys? B: Oh yeah. AS: I'll buy them. J: Yeah? AS: Yes, alright, Brad. MV: Yeah, I gotta question on this whole penis thing. AS: Yeah. MV: Well, dude seriously, how could you possibly attach it? I mean are we talking duct tape? Are we talking ..... J: No. No. AS: Good question. J: No, no. I'm thinking that we would tie some sort of string- like fabric around ... AS: No. You tie string and something that heavy that's gonna like rip the skin. MV: Yeah. Jody I love you but you gotta understand its not built quite like that. J: No, I've seen penises once or twice before. I can imagine that maybe bungee cord? AS: What? 13 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 14 AS: Use one of hair scrunchies or like a wristband or something and double- up and then tie some string to that. J: Well how? MV: Yeah, well, I don't know. AS: Hair scrunchies! MV: I'm all for the contest and, more power to you, but that poor guy. If we're talking like kite strings, god help him. AS: No, right. That would like sever the head right off, especially for the circumcised nadoos. J: Oh, we're not doing it around the head, we're doing it closer to the bottom of the shaft, you gotta get your whole, I mean weights and levers. MV: Yeah, but there's not like knobs down there. I mean what are you gonna ..... AS: There's not really anything to hold on to, it would slip all the way to the mushroom, if you will. MV: Exactly. J: There's not knobs. Are you sure? AS: Yes. MV: Last time I checked. No, that's what I was curious about. I think it's a great idea, but man, it's gonna have to be tape or something. AS: Well you know Brad this is all for not if you don't actually know how to pull anything with your penis or have never practiced it, right. J: I'm gonna have Bob, the producer, pull down his pants real quick and we're gonna figure out some sort way to tie stuff on it. AS: Could you get us a hair crunchie please? J: Scrunchie. AS: Scrunchie. J: We gotta trial and error here - is the way to attach things to your penis. 14 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 15 AS: First we'll have Bob try it. Thank you very much and that's a fine point, you don't want to use like flimsy bad string. MV: Absolutely not. It's bad, bad news. J: Nobody's duct taping anything to anybody's penis, believe you me. AS: Alright. We'll investigate it, we'll look into it and see how we can actually do it. Alright, coming up next here check this out, this is ah, I'm not going to play the whole thing or anything, just a piece of the new Stone Temple Pilots called "Days of the Week". [Plays two lines of music]. Alright that's next. The whole thing on the End. [Lengthy Commercial Break] * * * * * June l, 2001 AS: Andy Savage J: Jody B: the Producer C: Carl K: Kevin MV: Male voice AS: Alright, you ready for some music news? It might take Carl a little while to get the harness on. [Recorded Voice Over: 107.7, The End, Music News You Can Use -- with Steve the Producer. Now.] J: So, if you've been watching VH- 1's "Most Shocking Moments Of Rock. Listen to this. Mark McGrath, he's from Sugar Ray, the front man, he's hosting it, he's got a shocking past himself. If you've ever seen Backstage Sluts, 1, 11 and 111. He was in that, doing some shocking stuff. He agreed to do the show as long as the network downplayed his involvement in that series of porn films. He's in it, Fred Durst is in it, and they're doing very nasty things with groupies. The series director, porn star Matt Zane shot back at Mark McGrath and he said that it was Mark's decision to be in the film and even signed a release form. To have a fellow artist censor you for your personal reasons is the lowest of low acts that on can commit. So Matt Zane, pom star, firing back at Mark McGrath. So basically Mark was just like sure I'll host it if you pretend like you never saw me in Backstage Sluts. 15 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 16 Blink 182 news. Drummer Travis Barker has a big problem. He's been telling people that a deranged stalker has been after him, broke into his house a number of times, left letters in each room that read “I'm watching you, lock your doors.” And then the next day, letters again, “P. S., lock your doors.” Travis, obviously freaked out, says since the incident occurred he invested in two 140- pound Rottweillers and now carries a gun to protect his family. He says it's not really him that he's worried about, if it comes down it he can kick the guy's ass. He's worried about his girlfriend. Well you know, if it comes down to him or this weird guy, he's like you know I'll just beat him up. But if my girlfriend's in the house while I'm on tour, that's what I'm worried about. He says now if anyone comes into my house, they're gonna be sorry. Rehab. Singers Brooks and Danny Boone say they've always felt like oddballs in their native Atlanta because they're white rappers. Hmmm, I wonder why they would feel weird about that? They say we're the only ones that I know of that are rapping. They say that people usually look at white rappers as a novelty act. But, “To me, rhyming is poetry and that is dateless.” J: If I can get some of these penis guys out of the way here, I have some. . AS: Wait a minute. I hate to interrupt, but we have a problem here. Apparently crazy Carl can't get aroused enough to get the harness on. J: Oh really. AS: Yes. C: Actually, the harness that actually goes around the scrotum is a little tight and I'm worried about.... AS: Your testicles are too large. C: We can't snap it through. J: You're supposed to pull them through there crazy Carl. It's like a belt. AS: Kevin, could you go over and help him? J: Oh God. K: That's not in my job description. AS: Well Carl do what you gotta do. Would anybody else like to try? I mean if you can't get the harness on we can't pull the car. J: I think Joe the modulator should step up and try. 16 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 17 AS: Yeah virgin. J: While he's doing this, let me just mention this one thing. If you sign up for Endmail at 1077theend. com for your exclusive invitation to another penny pincher concert with Rehab. It's Tuesday, June 12 th at Graceland. It's just a buck seven with your printed Endmail invite. For Endmail listeners only. Of course, you cannot get in unless you are on the Endmail list. Just another reason to sign up for Endmail at 1077theend. com. AS: And get there early or you still may not get in 'cause it's kind of a first come first serve. J: Not kind of. AS: There's a fire code you know. J: It is. AS: Here's traffic. J: I- 5 Southbound heavy to just before the Orange County line. 405 Northbound just heavy north of northeast 44 th . 405 Southbound heavy just South of Southeast 124 th . And 167 Northbound heavy off 15 th Street to the Green River. And heavy approaching the 405 interchange, and that's in traffic. AS: Alright. Kevin from Love Zone, these harnesses, are they specifically made for larger men or what is the deal here? I mean, how big do you have to be to get into this harness? K: I believe that they're kind of a one size fits all. AS: Yeah? So you can be very small and it doesn't matter? I'm not trying to make fun of anybody here. But, I mean, maybe Carl has a half inch whatever and can't get it thru the harness. MV: I think Carl wasn't smart enough to it button and so he's making up a story about “Oh, I'm too big to put it on.” J: Joel's making fun of crazy Carl. I feel things tensing up in the studio. Joel, he's crazy. You never poke fun at a crazy man. AS: Alright. All you guys that are here, could you please grab a harness from Kevin. J: Yeah. AS: And try and put it on. J: Yeah. 17 FEDERAL COMMUNICATIONS COMMISSION DA 02- 2402 18 AS: And then we'll tie a piece of rope to it. And then we'll yank you around like dogs . [Lengthy Commercial Break] **** 18