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Howard Stern Gets Clear Channel Radio Stations Fined $495,000 For Indecency

Dateline: 04/08/04

By Corey Deitz, About.com

Today, the F.C.C. issued a proposed fine (Notice of Apparent Liability for Forfeiture) against Clear Channel Communications, Inc., "for apparently willfully broadcasting indecent material" in connection with the “Howard Stern Show”.

This latest round of fines moved Clear Channel to permanently drop Stern from its programming, having previously suspended his show citing indecent content.

The content in question was broadcast over Stations WBGG-FM, Fort Lauderdale, Florida, WTKS-FM, Cocoa Beach, Florida, WTFX-FM, Louisville, Kentucky, KIOZ-FM, San Diego, California, WNVE-FM, Honeoye Falls, New York, and WXDX-FM, Pittsburgh, Pennsylvania.

The Commission says it proposed a total fine of $495,000 representing the maximum statutory amount of $27,500 for each of eighteen total apparent indecency violations.

The Commission fined Clear Channel at the maximum amount allowed by law because of Clear Channel’s recent history of airing indecent programming.

The Commission concluded that the material in these broadcasts appeared to meet the agency’s indecency definition. Specifically, the program materials included "repeated, graphic and explicit sexual descriptions that were pandering, titillating or used to shock the audience."

At Stern's website, he posted this response:

"This is not a surprise. This is a follow up to the McCarthy type "witch hunt" of the administration and the activities of this group of presidential appointees in the FCC, led by "Colin Powell Jr." and his band of players. They and others (a senator from Kansas City to a congresswoman from New Mexico) are expressing and imposing their opinions and rights to tell us all who and what we may listen to and watch and how we should think about our lives. So this is not a surprise. It is pretty shocking that governmental interference into our rights and free speech takes place in the U.S. It's hard to reconcile this with the "land of the free" and the "home of the brave". I'm sure what's next is the removal of "dirty pictures" like the 20th century German exhibit in a New York City Museum and the erotic literature in our libraries; they too will fall into their category of "evil" as well.

- portions of this article from an F.C.C. Press Release

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