The Commission proposed the statutory maximum forfeiture of $27,500 for the broadcast. The Commission based this action on the results of its investigation triggered by a complaint concerning material in which the show’s cast discussed sexual practices and techniques.
Specifically, the Commission found that the broadcast included explicit and graphic sexual and excretory references. In addition, the Commission found that this material was lewd and vulgar, and that it appeared to have been used to pander, titillate and shock.
Therefore, the Commission concluded that the material apparently met the indecency standard and warranted sanction.
The Commission proposed the maximum fine by law due to Infinity’s recent history of the airing of indecent broadcasts
Clear Channel Gets Fined Again
The F.C.C. also issued a fine against WAVW-FM, Stuart, Florida, and WCZR-FM, Vero Beach, Florida.
Specifically, the broadcasts contained a dialogue between the hosts and a man and a woman while they were engaging in actual or simulated sexual intercourse.
The Commission proposed the maximum fine by law of $27,500 for each of the two broadcasts, for a total forfeiture amount of $55,000.
It proposed the maximum statutory forfeiture amount due to the history of indecent broadcasts by other licensees controlled by Clear Channel Communications, Inc., Capstar’s parent corporation.
Revised Bono Ruling
The F.C.C. also reversed an earlier ruling, now concluding that the live broadcast of the phrase “f***ing brilliant,” spoken by Bono of U2 during the 2003 Golden Globe Awards, violated the statutory prohibitions on indecency and profanity.
The Commission emphasized that all broadcast licensees are on clear notice that similar broadcasts in the future will lead to forfeitures and potential license revocation, if appropriate.
