FCC IMPOSES ONE BROADCAST INDECENCY FINE, RESCINDS ANOTHER
FCC rescinded one controversial fine for broadcast indecency but imposed $14,000 indecency fine on another FM station in separate actions announced Tues. Second case appeared to reduce FCC’s recent emphasis on need for complainant to document alleged violations. Enforcement Bureau decision to rescind fine against KKMG(FM) Pueblo, Colo., owner Citadel Bcstg., prompted protest from FCC Comr. Copps, who said full Commission should act on case.
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In Citadel case, Enforcement Bureau said licensee didn’t have to pay $7,000 fine (CD July 6 p8) because broadcast of The Real Slim Shady song “was not patently offensive, and thus not actionably indecent.” Station had appealed earlier Enforcement Bureau decision, saying version of song had been edited for radio, so it didn’t violate rules. Bureau acknowledged that sexual references in edited version were more “oblique” than in original version.
Copps conceded that original Bureau ruling in fining Citadel was “controversial” but said decision to change that was too important to be handled at Bureau level: “The commissioners themselves, rather than the Bureau, should be making the decision… Issues of indecency on the people’s airwaves are important to millions of Americans; they are important to me. I believe they merit, indeed compel, Commissioner-level action.”
In 2nd indecency case, Enforcement Bureau imposed $14,000 fine on Emmis-owned WKQX(FM) Chicago as result of complaints about indecency on Mancow Morning Madhouse program on 2 dates in 2000. Emmis had objected to fine, saying it didn’t have tape or transcript of show, and neither was submitted with complaints. Despite lack of tape or transcript, Bureau said there was “no question” material was broadcast and station didn’t contradict claims. Bureau also said it only requests tape or transcript from complainants, it isn’t requirement: “The complainant provided the dates and times of the broadcasts, the call sign of the station and sufficient detail and context about what was broadcast… Emmis submitted no evidence to rebut the complainant’s allegations.”