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As usual, no eye-to-eye on the Commission

Three of the Commissioners, Chairman Michael Powell, and the two Democrats, Michael Copps and Jonathan Adelstein, addressed the Clear Channel agreement. Based on their comments, the decision got a thumbs up, a thumbs down and a mixed review.

Powell called the Clear Channel indecency consent decree "a significant victory for the Commission and the American public." He explained, "Clear Channel has agreed to make the highest enforcement-related payment to the Treasury by a broadcaster in Commission history - - $1.75M. In addition, Clear Channel has now formally admitted that it violated the law and has made binding commitments to clean up its act, including preventive measures such as training for on-air personalities and employees that participate in programming decisions and the use of time delays in its broadcasts."

As has been the case on virtually every FCC indecency action, Copps issued a dissenting opinion. He said Clear Channel's vulnerability amounted to "at least 200 broadcasts," many of which may well have aired on multiple stations. "Before the Commission enters into a settlement agreement, it should understand the full scope of what it is addressing," he wrote. "Today, the Commission instead enters into a consent decree with Clear Channel to settle all of the outstanding indecency complaints against the company without understanding the extent of the indecency that was broadcast. Additionally, the Commission removes all consideration of this issue from the license reapplication process."

Copps noted that the Infinity payment in 1995 apparently didn't work, as Infinity sits second only to Clear Channel in current indecency assessments.

Adelstein agreed with the Consent Decree, but felt it went too far in clearing Clear Channel of vulnerability to existing complaints which have yet to be investigated.