CLEAR CHANNEL, YOUNG BCSTG. FACE BIG FCC INDECENCY FINES

The Clear Channel material was aired in connection with the “Bubba the Love Sponge” program, which the FCC claims involved graphic sexual or excretory content, or both. “Clear Channel and, indeed, this particular “Bubba the Love Sponge” program have been the subject of repeated Commission indecency actions in the past,” said FCC Comr. Adelstein. Comrs. Copps and Martin said they believed the fines should be much higher. “'Cost of doing business fines’ are never going to stop the media’s slide to the bottom,” Copps said in a separate statement.

Young Bcstg. was slapped with the maximum $27,500 for broadcasting indecent material on KRON-TV San Francisco during a “KRON 4 Morning News” show Oct. 4, 2002, at 8: 25 a.m. The show host interviewed performers with the stage production of “Puppetry of the Penis,” who appeared wearing only capes. A performer exposed his penis on camera.

Copps said he was disappointed the agency had taken 15 months to act on the complaint. “When we allow complaints to languish for over a year, the message is loud and clear that the FCC is not serious about enforcing our nation’s laws.” Comr. Copps said.

Clear Channel, meanwhile, asked the FCC to convene an industrywide task force to evaluate indecency standards in response to the fines. Clear Channel suggested indecency guidelines be applied fairly and evenly across all media platforms, including TV, radio, cable and satellite networks. It also suggested the task force eliminate confusion over what was and wasn’t acceptable behavior. To deal with that issue on a case-by-case, platform-by-platform basis, the govt. is creating an atmosphere of confusion, Clear Channel COO Mark Mays said. “None of us defend or encourage indecent content -- it’s simply not part of our corporate culture,” he said.

The announcement of the fines comes on the eve of 2 hearings that will include examination of the indecency issue. The House Telecom Subcommittee will examine broadcast indecency today (Wed.) in a hearing titled: “Can you say that on TV? An Examination of the FCC’s Enforcement with Respect to Broadcast Indecency.” It’s scheduled for 10:30 a.m., Rayburn Bldg. Rm. 2123. Later on Wed., several FCC commissioners will convene the Commission’s 2nd hearing on broadcast localism issues, in San Antonio, Tex.

Despite the hearing’s title, no TV broadcasters, and only one radio broadcaster, are scheduled to testify: William Wertz, exec. vp-Fairfield Bcstg. Co. in Kalamazoo, Mich. (Fairfield’s hq is in Telecom Subcommittee Chmn. Upton’s [R-Mich.] district.) Other witnesses are to be: David Solomon, FCC Enforcement Bureau chief; attorney Robert Corn-Revere; and Brent Bozell, Parents TV Council (PTC) pres. Bozell has been an outspoken critic of the FCC’s indecency enforcement efforts, and in 2003 the PTC launched a campaign to “force the FCC to uphold its congressional mandate to enforce current broadcast decency standards.” Corn-Revere is a First Amendment attorney who has testified in Congress against restrictions on broadcast speech. In 1999, he testified against a bill from Senate Commerce Committee ranking Democrat Hollings (S.C.) that would have restricted violent content on TV.

The hearing will also examine legislation recently introduced aimed at giving the FCC more power to prevent broadcast indecency. Upton has the endorsement of several House Commerce leaders with his bill (HR-3717) that would increase the FCC’s maximum fine 10-fold to $275,000 and raise the maximum total fine the Commission can levy against a broadcaster for multiple violations to $3 million. The bill has the support of House Majority Whip Blunt (R-Mo.), Commerce Committee Chmn. Tauzin (R-La.), Commerce ranking Democrat Dingell (Mich.), Telecom Subcommittee ranking Democrat Markey (Mass.) and Rep. Burr (R-N.C.), who has raised indecency concerns as part of his legislative effort last year to keep the broadcast ownership cap to 35% (HR- 2052).

Other members have also advanced bills designed to curb indecent content on TV. Rep. Ose (R-Cal.) has introduced a bill (HR-3687) that would ban the utterance of several words on TV. Several Hill staffers have told us there are concerns about this approach, especially since the courts are likely to reject the law on First Amendment concerns. Other staffers said members have a concern about inserting profane language in the U.S. Code, since the bill specifies 8 words (some are compound phrases) that can’t be uttered over broadcast airwaves. Members foresee giggling children using the Internet at school to find swear words written into the law.

The congressional furor over broadcast indecency was sparked last year after the FCC said it wouldn’t fine NBC for a profanity uttered by rock star Bono during last Jan.’s Golden Globe awards on NBC. The FCC determined that it wasn’t indecent because Bono used the term as an intensifier rather than in a sexual manner. Several members were furious and spoke out on the House and Senate floor against the FCC’s decision. Powell has since said he would seek to reverse the Enforcement Bureau’s ruling. The PTC is also urging the FCC to levy fines for a profanity spoken on the Billboard Music Awards show on Fox in Dec. But while the attention seems to be focused on TV, several sources said members will use the hearing and attention it draws to focus on indecency broadcast over radio. For their concerns about TV, members are more likely to focus on the network broadcasters, one industry source said, and the NAB and other network affiliates aren’t likely to feel as much pressure from the Hill.