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DISSENTING STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re: Infinity Broadcasting Operations Inc., licensee of
WKRK-FM, Detroit Michigan, Notice of Apparent Liability for
Forfeiture
I dissent from the Commission's decision today to
provide a slap on the wrist rather than take serious action
to address the indecency on our airwaves. In this decision,
the Commission proposes a fine of $27,500 against this
multi-billion dollar media conglomerate.
I am troubled by several aspects of this decision that
demonstrate the Commission is not yet taking a strong stand
against indecency on the airwaves. First, the Commission
fined this very same station last year for airing some of
the most vulgar and disgusting material I have had the
misfortune to examine since I joined the Commission. In
both that decision and this Order, the Commission warned
Infinity that additional violations may well lead to the
initiation of a license revocation proceeding. Some may
argue that the program at issue today pre-dated the
broadcast addressed last year, which only serves to
demonstrate the need to consider complaints in a more timely
manner. Moreover, the statute does not require notice to
begin a license revocation hearing.
Second, the Commission recently reaffirmed that its
indecency enforcement will address not only the station that
is the subject of a complaint, but also any other station
that aired the same programming. Yet here, the Commission
proposes a fine against only WKRK-FM in Detroit
notwithstanding that this program airs on numerous stations
across the country.
The time has come for the Commission to send a message that
it is serious about enforcing its indecency rules.