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SEPARATE STATEMENT OF
COMMISSIONER MICHAEL J. COPPS,
DISSENTING
Re: Clear Channel Broadcasting Licenses, Inc., Licensee of
Stations WPLA(FM), Callahan, Florida, and 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, Notice of Apparent
Liability for Forfeiture
In this case, four Clear Channel stations aired on
several occasions graphic and explicit sexual content as
entertainment. The extreme nature of these broadcasts and
the fact that the show at issue has been the subject of
repeated indecency actions gives the FCC the obligation to
take serious action. Instead, the majority proposes a mere
$27,500 fine for each incident. Such a fine will be easily
absorbed as a ``cost of doing business'' and fails to send a
message that the Commission is serious about enforcing the
nation's indecency laws. ``Cost of doing business fines''
are never going to stop the media's slide to the bottom.
To fulfill our duty under the law, I believe the
Commission should have designated these cases for a hearing
on the revocation of these stations' licenses, as provided
for by Section 312(a)(6) of the Communications Act. I am
discouraged that my colleagues would not join me in taking a
firm stand against indecency on the airwaves.
If the Commission can't bring itself to go to a
revocation hearing, at least the Commission should have used
its current statutory authority to impose a higher and
meaningful fine. The Commission could have proposed a fine
for each separate ``utterance'' that was indecent, rather
than one fine for each lengthy segment. As Commissioner
Martin points out, such an approach would have led to a
significantly higher fine.
Here, four Clear Channel stations ran several segments
of the ``Bubba the Love Sponge'' show which contained
graphic and explicit sexual content. The majority admits
that each of these stations appears to have egregiously and
extensively violated the statutory ban on broadcast of
indecent material numerous times. But then the majority
inexplicably determines that the appropriate recourse for
this filth is a $27,500 fine for each violation.
The majority states that, in light of Clear Channel's
history of violations of the indecency rules, other serious
multiple violations ``may well lead to license revocation
proceedings.'' The majority fails to acknowledge that not
just Clear Channel, but the ``Bubba the Love Sponge'' show,
has been the subject of at least three previous fines for
violating our nation's indecency laws. This is not even
``three strikes and you are out'' enforcement. How many
strikes are we going to give them?
This case may well lead broadcasters to believe that
this Commission will never use the enforcement authority it
currently has available to it. The message to licensees is
clear. Even egregious repeated violations will not result
in revocation of a license. Rather, they will result only
in a financial penalty that is merely a cost of doing
business.
The time has come for this Commission to take a firm
stand against the ``race to the bottom'' as the level of
discourse on the public's airwaves gets progressively
coarser and more violent. Our enforcement actions should
convince broadcasters that they cannot ignore their
responsibility to serve the public interest and to protect
children. The FCC's action today fails to do so.