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STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
APPROVING IN PART AND DISSENTING IN PART
Re: Clear Channel Communications, Inc.
I support much of today's action. By admitting that
certain broadcasts violated our indecency rules, by making a
sizable contribution to the U.S. Treasury, and by entering
into a company-wide compliance plan involving training,
internal investigations and suspensions, and program delays,
Clear Channel has shown that it understands its
responsibility to prevent the broadcast of indecent material
on its stations. Faithful adherence to the compliance plan
should obviate the need for Commission enforcement in this
area.
Yet before the Commission enters into a settlement that
seeks to resolve all pending matters involving a company's
indecency compliance, it should have conducted at least
preliminary investigations of those matters to understand
the full extent of the possible violations and the
suitability of the remedy. With respect to many of the
pending Clear Channel matters before the Commission, the
staff has indeed investigated the nature of the complaint
and in some cases sent out inquiry letters. Yet some of the
pending complaints have not even been investigated. It's no
threat to the First Amendment to, at a minimum, do some
measure of investigation when we receive public complaints
seeking to enforce a law that Congress tasked to us and that
the courts have upheld under the First Amendment. With
respect to including these pending but uninvestigated
complaints within the scope of this decree, I dissent in
part.