The material at issue was aired by the “Elliot in the Morning” program on Stations WWDC-FM, Washington, D.C., WRXL-FM, Richmond, Virginia, and WOSC-FM, Bethany Beach, Delaware.
The Commission proposed the statutory maximum forfeiture of $27,500 for each of nine apparent indecency violations for a total of $247,500. (Note: under proposed legislation in Congress right now, this fine could have been as high as $4.5 million dollars.)
The Commission found nine apparent indecency violations that involved graphic and explicit sexual material that were designed to "pander to, titillate and shock listeners".
The Commission says it proposed the statutory maximum forfeiture amount because of Clear Channel’s history of violations relating to the broadcast of indecent material.
Most recently in January of this year, Clear Channel Communications was fined 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.
Commissioner Michael J. Copps was not happy with just fines and would have preferred hearings on license revocation. He issued a dissenting statement in conjunction with the action:
"I believe the Commission should have designated these cases for license revocation hearings...I am discouraged that my colleagues would not join me in taking a firm stand here against indecency on the airwaves. The time has come for the Commission to send a message that it is serious about enforcing the indecency laws of our country."
- portions from an F.C.C. Press Release
