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WKQX Chicago found guilty of indecency

FCC Chairman Michael Powell last week told Congressional queriers that more indecency fines were in the pipeline. Now two are out. They were both generated by Mancow Muller for Emmis Communications' WKQX-FM Chicago. However, this will not rival the six-figure indecency splash made in recent levies against Clear Channel and Viacom. But it's still a hefty five-figure kerplunk.

The fines involve incidents occurring in 2001, three in March and one in May. Levied in two separate forfeiture orders, the total liability was set at $28K.

Emmis appealed both with similar argument. In both cases, it argued that the material in question was less offensive than a certain Britney Spears parody which was not subject to an indecency finding.

Emmis also said that the contemporary community standards phrase was too vague. Per the FCC release, it argued the standard "is not sufficiently clear to allow broadcasters to make informed decisions regarding broadcast material that is entitled to constitutional protection."

The FCC explained how it interprets contemporary community standards, based on Supreme Court case "Hamling v. United States." It says the purpose of the standard is to "...ensure that material is judged neither on the basis of a decision maker's personal opinion, nor by its effect on a particularly sensitive or insensitive person or group." The Commission argues that it is expected to use its "...general expertise in broadcast matters..." and its "knowledge of the views of the average viewer or listener..," and that geographical differences are not particularly relevant.