**SEPARATE STATEMENT OF**

**COMMISSIONER MICHAEL J. COPPS,**

**DISSENTING**

*Re: Clear Channel Broadcasting Licenses, Inc., Licensee of Stations
WPLA(FM), Callahan, Florida, and WCKT(FM), Port Charlotte, Florida
(Formerly Station WRLR(FM)); Citicasters Licenses, L.P., Licensee of
Station WXTB(FM), Clearwater, Florida; Capstar TX Limited Partnership,
Licensee of Station WRLX(FM), West Palm Beach, Florida, Notice of
Apparent Liability for Forfeiture*

In this case, four Clear Channel stations aired on several occasions
graphic and explicit sexual content as entertainment. The extreme nature
of these broadcasts and the fact that the show at issue has been the
subject of repeated indecency actions gives the FCC the obligation to
take serious action. Instead, the majority proposes a mere \$27,500 fine
for each incident. Such a fine will be easily absorbed as a "cost of
doing business" and fails to send a message that the Commission is
serious about enforcing the nation's indecency laws. "Cost of doing
business fines" are never going to stop the media's slide to the bottom.

To fulfill our duty under the law, I believe the Commission should have
designated these cases for a hearing on the revocation of these
stations' licenses, as provided for by Section 312(a)(6) of the
Communications Act. I am discouraged that my colleagues would not join
me in taking a firm stand against indecency on the airwaves.

If the Commission can't bring itself to go to a revocation hearing, at
least the Commission should have used its current statutory authority to
impose a higher and meaningful fine. The Commission could have proposed
a fine for each separate "utterance" that was indecent, rather than one
fine for each lengthy segment. As Commissioner Martin points out, such
an approach would have led to a significantly higher fine.

Here, four Clear Channel stations ran several segments of the "Bubba the
Love Sponge" show which contained graphic and explicit sexual content.
The majority admits that each of these stations appears to have
egregiously and extensively violated the statutory ban on broadcast of
indecent material numerous times. But then the majority inexplicably
determines that the appropriate recourse for this filth is a \$27,500
fine for each violation.

The majority states that, in light of Clear Channel's history of
violations of the indecency rules, other serious multiple violations
"may well lead to license revocation proceedings." The majority fails to
acknowledge that not just Clear Channel, but the "Bubba the Love Sponge"
show, has been the subject of at least three previous fines for
violating our nation's indecency laws. This is not even "three strikes
and you are out" enforcement. How many strikes are we going to give
them?

This case may well lead broadcasters to believe that this Commission
will never use the enforcement authority it currently has available to
it. The message to licensees is clear. Even egregious repeated
violations will not result in revocation of a license. Rather, they will
result only in a financial penalty that is merely a cost of doing
business.

The time has come for this Commission to take a firm stand against the
"race to the bottom" as the level of discourse on the public's airwaves
gets progressively coarser and more violent. Our enforcement actions
should convince broadcasters that they cannot ignore their
responsibility to serve the public interest and to protect children. The
FCC's action today fails to do so.