PROPER FORM OF SUBMISSION OF COMPLAINT

This Complaint and the "Significant Excerpts" submitted herewith as Exhibit 'A' are submitted in accordance with procedures established by the Federal Communications Commission ("FCC"), as stated at the FCC's Internet site located at: www.fcc.gov

RADIO STATIONS NAMED IN THIS COMPLAINT

The above cited radio stations are owned by, and licensed to, CBS RADIO and are collectively referred to herein as the "CBS Radio/Howard Stern Network".

PROPRIETY AND STANDING OF EXHIBITS HERETO

The propriety and standing of Exhibit 'A' attached hereto can be found as stated at the Commission's Internet site located at: www.fcc.gov

1) ALLEGATION :

On December 10, 1997, by broadcasting The Howard Stern Show, the CBS Radio/Howard Stern Network;

a) did willfully, (as defined under 47 USC 312(f)) repeatedly (as defined under 47 USC 312(f)), and with prior knowledge that said broadcasts were indecent and legally actionable, violate federal indecency statutes, specifically, 18 U.S.C. Section 1464, and

b) did willfully, (as defined under 47 USC 312(f)) repeatedly (as defined under 47 USC 312(f)), and with prior knowledge that said broadcasts were indecent and legally actionable, violate federal broadcasting law, by broadcasting such indecent material between the hours of 6:00 A.M. and 11:00 A.M. (ACTION FOR CHILDREN'S TELEVISION, et. al. v. FCC, June 30, 1995, District of Columbia Circuit Court of Appeals)

2) EVIDENCE OF COMPLAINT :

In signing this complaint, I certify that I have enclosed written 'significant excerpts', from the broadcast of The Howard Stern Show on relevant dates, see: Exhibit 'A'.

3) DATE AND TIME OF BROADCASTS :

The material contained in Exhibit 'A' was broadcast on the above cited radio stations, on various dates during the hours of 6:00 A.M. and 11:00 A.M. in their respective time zones.

4) SPECIFICS OF COMPLAINT:

a) The material contained in Exhibit 'A' violates federal broadcasting law, in that:

1. it depicts and describes sexual activity and organs,
   
   
2. it was broadcast by the CBS Radio/Howard Stern Network in a calculated and willful, (as defined under 47 USC 312(f)), manner,
   
   
3. it was broadcast between the hours of 6:00 A.M. and 11:00 A.M.,
   
   
4. it was broadcast purely for purposes of shock value and "titillation", and
   
   
5. it was broadcast in a pandering manner, in that, prior to the actual broadcasting of said material stations of the CBS Radio/Howard Stern Network, each of them individually and separately, had, through electronic editing techniques, the opportunity to eliminate such legally actionable material from being broadcast and each of them, chose not to do so.
   
   

The Commission correctly noted that, since The Howard Stern Show is syndicated and broadcast on many stations across the country, a broadcast of The Howard Stern Show heard on one CBS Radio affiliate can be "assumed" to have been broadcast by ALL affiliates.

Whether or not this is the case in this matter can be easily be proven simply by the Commission asking all CBS Radio/Howard Stern Network stations if the material cited in Exhibit 'A' was broadcast by those affiliates. My experience with the CBS Radio/Howard Stern Network leads me to believe that the answer to that question will be in the affirmative. Therefore, the citing, herein, of all of the stations on the CBS Radio/Howard Stern Network and the above syndication stations is appropriate.

8) SUMMARY:

This is not the first indecency complaint against this menagerie of broadcasters. In dealing with CBS Radio, Westinghouse, Howard Stern and Mel Karmazin in the past, the Commission has been lenient and has taken the least punitive measures (fines) in an effort to bring the individuals and corporations into compliance with federal indecency laws. In response to the Commission's least punitive measures, these individuals and corporations merely consider fines to be the cost of doing business and continue to violate USC 18 1464 .

Based on indecency complaints filed by Al Westcott during the past 4 years, the Commission has issued more than $1.7 million in fines against WXRK-FM, KLSX-FM, and others who broadcast The Howard Stern Show yet the material cited in this complaint is identical in content to material contained in Westcott's previous complaints which the Commission found to be indecent. The necessity for the Commission to even have to consider this complaint only serves to underscore WXRK-FM and KLSX-FM's lack of fitness to continue to hold a broadcasting license.

During the past four years, the Commission has:

a) issued warnings to WXRK-FM and KLSX-FM for their violation of 18 U.S.C. Section 1464 as a result of broadcasting The Howard Stern Show, and

b) issued almost $2 million in indecency fines to broadcasters of The Howard Stern Show for their violation of 18 U.S.C. Section 1464 and yet, here again are extreme examples of indecent material being broadcast to children by CBS RADIO, WXRK-FM and KLSX-FM.

CBS RADIO, WXRK-FM and KLSX-FM have habitually , repetitively and continually disregarded USC 18 1464 and the issue of broadcasting indecent material to children.

Analogous to the continued violation of USC 18 1464 by CBS RADIO, WXRK-FM and KLSX-FM, is the driver who, habitually , repetitively and continually speeds down the same stretch of road every day. Just as the law provides for the revocation of a drivers license, 47 USC section 312 provides for the revocation of a broadcasting license of any licensee who violates USC 18 1464 .


Given the egregious and repeated nature of their violations, the Commission has no other alternative than to revoke under 47 USC section 312 and to seek imprisonment under USC 18 1464 .

Any serious discussion to determine appropriate action against CBS RADIO, WXRK-FM KLSX-FM, et. al., in this matter, must also take into consideration all previous violations of 18 U.S.C. Section 1464 by these broadcasters, including all previous fines against Infinity Broadcasting Corporation (now Westinghouse Broadcasting Company).
And, once so considered, there can be no other determination than for the Commission to revoke the broadcasting license of CBS Radio relative to the CBS Radio/Howard Stern Network stations and to deny any future license application of CBS Radio, including, but not limited to, any license requests by WESTINGHOUSE BROADCASTING COMPANY, parent corporation of CBS Radio, Mel Karmazin and Michael Jordan.

Through its less than effective enforcement measures in the past regarding broadcasters of The Howard Stern Show, the Commission, itself, has allowed this type of indecent broadcasting to promulgate. Rather that issuing meaningless 'cost of doing business" fines against the broadcasters of The Howard Stern Show in 1991, 1992, 1993, 1994, 1995, 1996 and 1997, had the Commission fully enforced USC 18 1464 there is no question that the material cited in Exhibit 'A', would NOT have been broadcast and this complaint would not have been necessary.

During the past 7 years, disciplinary actions taken by the Commission against these individuals and corporations has been in the form of fines and yet these broadcasters continue with their indecent and legally actionable broadcasts. It is now time for the Commission to take proper enforcement and revoke the licenses of these broadcasters in accordance with 47 USC, 312.

There can be no doubt that graphic broadcasts on the public airwaves is NOT in the public "interest, necessity and convenience".

Should the Commission have any questions, require clarification of any points contained herein, or require any additional information, please respond to the address below.

I await your response.

Sincerely,


(signed)


Al Westcott
Postal Box 492
Ojai, California 93023

Mrs. Jack Daniels is what Howard Stern called this woman. She is able to squirt Jack Daniels liquor out of her vagina.

In this morning's demonstration, her husband stood about 6 feet away and drank the liquor as it squirted from his wife's vagina.

Her first couple of tries didn't go more than a couple of feet but after a few practice tries she was hitting her target.

Before the woman did her demonstration she queefed (made vagina noises) a few times.

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