Entercom gets 55K indecency fine
KRXQ-FM has been hit with a double indecency fine of 55K dollars, directed at its Rocker KRXQ-FM in Sacramento. There are two maximum 27.5K fines leveled at the "Rob, Arnie and Dawn in the Morning Show," one for a program aired 9/13/02 and another for a show on 1/17/03.
The programs were brought to the attention of the FCC by a lone persistent complainant, who accompanied "...a series of written complaints..." with tapes and transcripts.
Entercom argued that the program in question is highly rated; therefore, the complaints of one individual balanced against the tacit approval of many demonstrates that the program was within the bounds of local community standards. Entercom also leaned on its contention "...that the Commission's indecency definition is unconstitutionally vague and overbroad."
The FCC found that not to be the case. Furthermore, it noted that the base forfeiture for an indecency finding is 7K, but, since Entercom has a prior on its record - - KNDD-FM Seattle, 9/27/02 - - it went for the maximum fine in both cited instances in the present case.
Comments to the finding were appended by Commissioners Michael Copps, who agreed but wanted a higher fine and quicker action, and Kevin Martin, who would have assessed a higher fine by citing multiple examples of indecency in each broadcast.
RBR observation:
Here's an example of what KRXQ did to earn its fine. Arnie, speaking as a little boy, said, "Daddy's going to take me to a restaurant 'cause he wants to take pictures of me in my birthday suit. Daddy's giving me a submarine. He says he's giving me something long, hard and full of seaman."
Now that's entertainment! What could be funnier than implying the rape of a small, naked boy in a public place by his own father?
We believe Entercom is right that the FCC's indecency regs are unconstitutionally vague. On the other hand, it is discouraging that those of us who believe fervently in the First Amendment find ourselves defending tripe like this. It may be defensible as free speech, but in our opinion, it is not defensible as entertainment, nor as an expression of the humanity of the so-called entertainers spewing it forth.
We don't know if these fines will stick or not. However, a word to the wise is in order to the talentless purveyors of audio effluvium who continue to disgrace our business. By this time next year, the price of two indecency complaints is quite likely to total a bit more than 55K. Try 1M. We think Congress will get that done regardless of how this election turns out.
Are you reading this from a forwarded email?
