Dear Sirs:

I submit this filing with 68 years of being an FCC licensee. As of now...I hold and have held several FCC licensees over those 68 years.

It is understandable, the frustration members of the FCC are having over the stupid and unwise antics of a few bad apples in our broadcast industry. The answer is not burdening all good broadcasters and, in the process changing the landscape of our proven concept of a uniquely great American broadcast system. The answer is not to put an unconstitutional chill of government oversight on a broadcast system that except for a very few has helped make America great! Be careful - - don't throw the baby out with the bath water. What you have affects us on a number of levels.

I view this as the FCC attempting to improperly shift its governmental burden of rule enforcement to broadcasters rather than itself performing whatever monitoring functions it deems necessary to enforce its rules. Mandatory recording of programing violates the First Amendment of our Constitution by presenting the risk of direct governmental interference in program content. This simply is government overreach.

Further, it is our view after being licensed by the FCC for 68 years, that the proposal of MB DOCKET NO. 04-232 demonstrates that the agency has lost touch with the reality of local broadcasting and broadcasters.

Please don't overlook the fact that there is much more than the equipment cost involved. There is the cost of staff time. and archiving, cost of the inevitable FCC report that will have to be filed to document compliance. Please realize that this is a "camel's nose under the tent" situation. It is a slippery slope to seriously degrading a broadcast system that is by and large not broken and certainly American to the core. It fits with our freedoms. The problem is responsibility safeguards freedom and sadly, some of our broadcast brothers are not wise enough to see that.

As an FCC commissioner how would I fix it? First....drop the concept that one size fits all.

1) Profile what you have here. The hundreds and hundreds of small market radio broadcasters, as well as other broadcasters, who are generally doing a superb job of serving their communities. These people are close to their community and would no more violate their trust than they would tell filthy jokes at the local Rotary club meeting. They are responsible, period! These are the people you would punish or possibly help put out of business.

2) The large broadcaster who is out of touch with his local Rotary club values. Pandering to the lowest in human nature, out for the buck, period. Then you have television...and I won't even get into that.

I would suggest that the FCC take the trouble to simply think through some of the suggestions named here, suggestions that 68 years of being a FCC licensee have taught me. In doing so, I am sure they would realize that the preponderance of broadcasters - - and small markets in particular - - are not the ones causing the indecency problem. They should not be punished for the transgressions of a few licensees who have lost their sense of responsibility. Serious thought will reveal that the large bulk of the licensees, small market broadcasters and others, are simply not causing the indecency problem. Period! Don't use a buck shot loaded gun where a sharp shooting rifle is indicated.

It is time for the FCC to stop looking blindly at all licensees without realizing the profile of the types of broadcasters they license. it is time for the fcc to consider changing its paradigm. It is time the FCC analyze and realize just what they are actually dealing with in licensees.

It is my opinion that the FCC proposal MB Docket No. 04-232 is unconstitutional and as it in violation of the First Amendment of our U.S. Constitution.

This proposed intrusive way for the FCC to enforce its rules by making the totality of the station's programing content subject to governmental review is not what the United States of America is all about. It is far down on a slippery slope that takes our great country into an area that is abhorrent and not worthy of this great country's history.

It is much more than a slippery slope. Our government will finally be directly involved with program content. That is abhorrent to the principles that have made this country great and a magnet drawing people into this great country.

I have been licensed by the Federal Communication now for 68 years. This FCC proposal, Docket No. 04-232 is the worst proposal I have seen in my 68 years of being an FCC licensee.

Respectfully submitted,

V. J. Kaspar C.E.O. Kaspar Broadcasting
WILO/WSHW/KWRE/KFAV, Frankfort IN

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