by Benjamin Harris Shaw
NARRATION
Yesterday, the FCC took action against what it called "graphic and explicit sexual descriptions," heard on the Howard Stern Show. Clear Channel, the country's largest radio network, has 30 days to contest the penulty. But their decision to quickly drop stern from their airwaves indicated they do not intend to fight the action.
The FCC was responding to a complaint filed last year by a listener who heard the show on a Clear Channel station in Florida. Clear Channel only carried the Show on 6 of its stations. But Stern, famous for his crass style, reaches 30 markets on the Infinity broadcast network with his morning broadcasts.
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Listen you guys have done a great job.... careful with the F-word
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Stern has more than the F-word to worry about...
The Commission cited Clear Channel for three violations within a single broadcast. This is different from past actions in which the Commission issued a single fine for entire shows.
The commission is fining Clear Channel for three violations at each of the six stations that aired the program... 18 violations in all. Each of the violation carries a fine of $27,000... for a total of $495,000.
FCC Commissioner, Michael Copps says he has long advocated using all tools available to tackle indecency. He says this decision is a step forward in imposing meaningful fines.
John Dunbar is a director at the Center for Public Integrity. He says the Commission is clearly using new tactics to aggressively target indecency violations.
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I don't think there is any question that there has been a hug spike in the amount of fines levied this year. What they're doing is being a heck of a lot more creative in how they are levying fines
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On his website, Stern characterized the fine as part of a "witch hunt" by the Bush Administration.
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Spokesperson Lara Mahaney, with the Parents Television Council, says the Commission's actions are not really about Stern.
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Howard Stern wants to make this all about him and it has nothing to do with him. It's just about the enforcement of indecency on the broadcast airwaves.
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She says It is an appropriate form of censorship.
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There are laws. And they are really laws that are on the books to protect children during certain hours. After ten-o-clock Howard stern can say whatever he wants to say.
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Critics have complained about the indecency on public airwaves. And introduced a bill in congress that would raise the maximum FCC fines from $27,500 to $500,000. The legislation has passed the House and is pending in the Senate. Dunbar says if the Commission continues to levy larger fines the legislation will be unnecessary.
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The old idea was that 27,500 was a slap on the wrist, but their not going that way anymore. Their coming up with all these new and create and different ways to fine.
NARRATION
Stern's show still airs nationally on the Infinity Network, a subsidiary of Viacom. And Infinity spokesperson Karen Mateo says the companies relationship with Stern has not changed.
Dunbar says many in the radio industry expect a complaint to be filed against Viacom as well. And if the FCC does take action against Viacom... the fines will clearly be more significant than in the past. But Dunbar expects the company will stand by Stern.
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I don't expect Viacom to back down as quickly as Clear Channel did. Primarily because they have a lot more at stake. Clear Channel didn't own the Stern Show and they only had him on 6 stations.
NARRATION
Dunbar says Howard stern continues to make Viacom a great deal of money. And if confronted with FCC fines he believes they will take the fight to court. Until that time the Commision's new tactics for fighting "indecency" go unchallenged. reporting for Columbia Radio News I'm Benjamin Shaw.