The material at issue was aired in connection with the “Bubba the Love Sponge” program. The Commission proposed the highest fine the law provides resulting in a $27,500 for each of 26 apparent indecency violations. This $715,000 forfeiture is the highest ever proposed against a broadcast licensee.
The Commission found 26 apparent indecency violations that involved graphic and explicit sexual and/or excretory material, that were designed to pander to, titillate and shock listeners.
The Commission proposed the statutory maximum fines because of what it said was Clear Channel’s history of transgressions relating to the broadcast of indecent material over some of its radio stations.
In addition, the F.C.C. levied another fine of $40,000 against Clear Channel for its apparent failure to maintain certain required documents in the public inspection files of these stations.
FMQB, an industry publication, also reports Clear Channel President, Mark Mays, has called on the F.C.C. to convene an industry-wide task force. FMQB reported the goal would be to "...Develop indecency guidelines that 'would apply fairly and evenly across all media platforms,' while balancing First Amendment rights with local community values.", according to Mays.
