Dissent over consent: Emmis under fire

David Smith, the personal watchdog of Emmis airman Mancow Muller, and others have decided to attack the agreement between the FCC and Emmis under which Emmis made a 300K dollar contribution to the US Treasury, and was absolved of any further liability for indecency cases past and pending. For Smith, it represents something of an about face.

Joining Smith in the new attack, the cornerstone of which is a Petition for Reconsideration which would undo the consent decree, is Julie A. Cordry, who had filed complaints against an Emmis station in St. Louis. Smith works for the Illinois Family Institute. Concerned Women of America are also participating in seeking the recon.

Attorney Dennis J. Kelly filed the petition, which says that the "Commission has no authority to sell a renewal of license to a party such as Emmis, nor does it have any authority to sell a party a finding of basic character qualifications.

Smith said, "The fact that Emmis allowed the broadcast of sexually graphic and allegedly indecent material for four years cannot and should not be ignored for any price. Granting Emmis immunity for 300K only makes a mockery of the indecency law and the FCC's license renewal process.

This represents a significant shift for Smith. Last month he was claiming victory, even if the fine was, in his opinion, of the bargain basement variety. Here's what he said earlier (8/16/04 RBR Daily Epaper #159): "Emmis' payment of 300K is an admission of guilt, and it is a tiny penalty for the violations of broadcast indecency aired by Mancow's Morning Madhouse. That being said, however, our goal was to seek improvement in broadcast decency, and not vengeance. In my mind we've achieved our goal. Emmis, like other broadcast corporations, has adopted zero tolerance policies, and is now willing to operate within the law."