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SEPARATE STATEMENT OF
CHAIRMAN MICHAEL K. POWELL
Re: Clear Channel Broadcasting Licenses, Inc., Licensee of
Station WPLA(FM), Callahan, Florida; WCKT(FM), Port
Charlotte, Florida (Formerly Station WRLR(FM)); Citicasters
Licenses, L.P., Licensee of Station WXTB(FM), Clearwater,
Florida; Capstar TX Limited Partnership, Licensee of Station
WRLX(FM), West Palm Beach, Florida.
Seven broadcasts, twenty-six indecency violations, four
public file violations and fines equaling $755,000. By
today's action, we provide yet another example of this
Commission's commitment to enforce its rules and
regulations¾especially as it relates to indecent programming
engulfing our broadcast airwaves.
As the Commission with the strongest enforcement record
in decades, it should come as little surprise that this
Commission's indecency enforcement has dwarfed its
predecessors. I am proud of the fact that over the past
three years, we have proposed nearly twice the dollar amount
of indecency fines than the previous two Commissions
combined (over seven years) and ten times the amount of
fines proposed by the last Commission.
Now is not, however, a time to rest on our laurels and
no broadcaster should believe that we will. Indeed, due to
the leadership on this issue from Commissioner Martin, the
Commission will soon begin considering fines for each
separate utterance found indecent in a broadcast. In
addition, we will continue to look to Congress to
dramatically increase the enforcement penalties available to
us to prosecute clear indecency violations. I applaud
Chairman Upton, Chairman Tauzin, Congressmen Dingell and
Markey, Chairman McCain, Senator Hollings and the many
others on both sides of the aisle in Congress for providing
vital leadership on this issue.
As the Commission continues the challenging task of
balancing the protections of the First Amendment with the
need to protect our young, these increased enforcement
actions will allow the Commission to turn what is now a
``cost of doing business'' into a significant ``cost for
doing indecent business.''