CHARACTER RELATED ALLEGATIONS HAVE BEEN RAISED IN A PETITION TO DENY FILED ON SEPTEMBER 1, 2004 BY RIGHT TO DECENCY, INC. AND AMERICAN DECENCY ASSOCIATION AGAINST THE APPLICATION FOR RENEWAL OF LICENSE FOR STATION WKRK-FM, DETROIT, MICHIGAN, FCC FILE NO. BRH-20040601BHZ. LICENSEE AND THE LICENSEE OF WKRK-FM (NOW STATION WXYT-FM) ARE COMMONLY OWNED. THE PETITIONERS SUGGEST THAT THE LICENSEE OF WKRK-FM (NOW STATION WXYT-FM) LACKS THE BASIC CHARACTER QUALIFICATIONS TO BE A COMMISSION LICENSEE BECAUSE OF ALLEGED VIOLATIONS OF THE COMMISSION'S RULE ON THE BROADCAST OF INDECENT MATERIAL. ON NOVEMBER 23, 2004, THE FCC APPROVED A CONSENT DECREE ENTERED BY VIACOM INC. (NKA CBS CORPORATION) (FOR PURPOSES OF THIS EXHIBT, VIACOM), THEN THE ULTIMATE OWNER OF LICENSEE AND WKRK-FM, WHICH RESOLVED ALL ALLEGATIONS THAT VIACOM AND ITS LICENSEE SUBSIDIARIES HAD VIOLATED THE BROADCAST INDECENCY LAWS WITH RESPECT TO ANY MATERIAL BROADCAST BEFORE THAT DATE, WITH THE EXCEPTION OF THE CBS TELEVISION NETWORK'S COVERAGE OF THE SUPER BOWL HALF-TIME SHOW ON FEBRUARY 1, 2004. IN ITS ORDER APPROVING THE CONSENT DECREE, THE COMMISSION STATED THAT THERE ARE NO SUBSTANTIAL AND MATERIAL QUESTIONS OF FACT IN REGARD TO THESE MATTERS AS TO WHETHER VIACOM POSSESSES THE BASIC QUALIFICATIONS, INCLUDING ITS CHARACTER QUALIFICATIONS, TO HOLD OR OBTAIN ANY FCC LICENSES OR AUTHORIZATIONS. IN THE MATTER OF VIACOM INC., ET AL., 19 FCC RCD 23100 (2004), RECON. DENIED, 39 CR 896 (2006).