Some TV and radio stations have already been using delay systems for live news coverage in order to avoid any FCC citation for an indecent comment hitting the air, but two Commissioners appearing at the NAB Radio Show in San Diego insisted that those fears are unwarranted. "Maybe there should be a news exemption," said Commissioner Kevin Martin, who noted that the FCC has never issued an indecency fine for a news broadcast. "I think that news certainly does have a higher level of First Amendment protection," said Commissioner Jonathan Adelstein.

"By and large, broadcasters do a good job," said Adelstein, but he said it was the exceptions where programs go over the line that require enforcement of the FCC's indecency rules. The Commissioner noted that there has been a marked increase in the number of indecency complaints. "There is an organized effort to file these complaints - - and a lot of them are about things that we won't find indecent," said Adelstein. He told the room full of broadcasters that some decisions are coming soon from the Commission which will make clearer the line between what is and isn't indecent.

Broadcasters got some sympathy from the two FCC members on the hot-button issue of whether to require all stations to tape and store all programming. Martin noted that the vast majority of broadcasters have never had a complaint filed with the Commission. He said the FCC had already dropped its requirement that complainants provide a tape or transcript to make an indecency complaint, so he is hesitant to then start requiring taping by each broadcaster - - "particularly one without a history of complaints." Adelstein agreed that the FCC needs to be aware of the burden that a taping requirement would place on broadcasters.

Asked why the FCC's indecency rules shouldn't also apply to satellite broadcasters, who are also using spectrum, the two Commissioners said the courts have drawn a line between free, over-the-air broadcasting, and subscription-based services. Adelstein said he would enforce the indecency rules on cable and satellite if Congress passes a law requiring the FCC to do so, but he said such a move might not stand up in court. And yes, Howard Stern's name did come up, but the Commissioners said they had no desire to comment on the decision of any single performer to change mediums. Adelstein did say, however, that he did not like the idea of fining performers for indecency.

With comments due soon on the FCC's inquiry into localism, Bonneville International President Bruce Reese, who moderated the session, asked the two Commissioners just what they think stations should be doing that they aren't already doing. "The strength of radio I localism," said Adelstein. He reminisced about listening to a station in his hometown of Rapid City, SD which had its listeners vote on the top songs of they year for a New Year's countdown. "They compiled their own list," he said - - his point being that decentralized control of programming is preferable so stations can be closer to their local audiences. "That still happens to some extent. I think it could happen more," he said.