The First Amendment Coalition, an ad hoc group of broadcast licen...
The First Amendment Coalition, an ad hoc group of broadcast licensees and public interest groups, challenged the FCC on its Notice of Apparent Liability (NAL) and Forfeiture against Infinity Bcstg. The group, which includes Citadel Communications and Radio One,…
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specifically asked that the Commission rescind statements directed at all broadcasters threatening potential license revocations for “serious violations” of agency indecency policies. The FCC in April proposed a statutory maximum fine of $27,500 against Infinity after its WKRK(FM) Detroit aired graphic descriptions of sexual acts at a time when children could have been listening (CD April 4 p3). The Coalition asked the Commission to begin a Notice of Inquiry (NOI) to examine the fundamental constitutional issues raised by its indecency rules. It said it believed the FCC had begun to shift the burden of proof in its evaluation of indecency complaints. The Coalition said the key factor that thus far had prevented the agency’s indecency policy from being “a constitutional catastrophe” had been the Commission’s restraint in forcing the issue. “But the agency’s reluctance to act as a board of censors appears to be waning, as demonstrated by the Infinity NAL and other recent actions,” the group said.