Thursday, April 3, 2003

THE FCC WON'T LET THEM BE: What does it take to incur the statutory maximum of a $27,500 fine from the FCC (is that all?), plus the threat of revocation of a radio station's license, for "willful violation of statutory and regulatory provisions restricting the broadcast of indecent material"?

Try this, broadcast as part of the "Deminski & Doyle Show" on Detroit's WKRK-FM on January 9, 2002, between 4:30 p.m. and 5:00 p.m.

I won't reprint it here -- follow the link if you want. I'll just note that involves alleged descriptions of the "Cleveland Steamer", "Rusty Trombone" and "Tony Danza", and no, it's not CBS's new fall lineup.

Dissenting commissioner Michael J. Copps had this to say about the show and the FCC's response:
In this case, WKRK-FM in Detroit aired some of the most vulgar and disgusting indecency that I have had the misfortune to examine since I joined the Commission. The station presented graphic descriptions of violent sexual acts against women as entertainment at a time when children likely composed a significant portion of the audience. The extreme nature of this broadcast – among the worst we have faced in the Commission’s history – and the fact that it was broadcast in the middle of the day, gives the FCC the responsibility to take serious action. I dissent from the majority’s decision because I believe that a financial slap on the wrist does not adequately reflect the seriousness of the station’s actions. To fulfill our duty under the law, we should initiate a hearing to determine whether the WKRK-FM license should be revoked.

Four additional notes:

1. As has been true since George Carlin uttered the "seven dirty words," you just can't broadcast indecency at times when children are likely to be listening. As Justice Stevens wrote in Carlin's case, "[B]roadcasting is uniquely accessible to children, even those too young to read. Although [a] written message might have been incomprehensible to a first grader, Pacifica's broadcast could have enlarged a child's vocabulary in an instant."

There's a proper time and place for these discussions, and drive-time radio just isn't appropriate. Moreover, Jen and I don't want our child-to-be asking us what a "Frothy Walrus" is.

2. Yes, South Park covered this terrain, but that's broadcast on cable after 10pm. Okay, 9pm central, but it wasn't in this level of detail.

3. It's worth noting that the FCC makes clear today that, in the future, it may consider each indecent utterance during a program as a separate offense, and let the fines really add up. That could prove to be a real deterrent against these broadcasters.

4. Finally, these jerks in Detroit are also trying to steal the concept of Wing Bowl from its rightful home. A pox on both their houses!

(note: the FCC links all require Adobe Acrobat.)

No comments:

Post a Comment