**FOR IMMEDIATE RELEASE NEWS MEDIA CONTACTS:**

January 27, 2004 Suzanne Tetreault (202) 418-7450

Lisa Fowlkes (202) 418-7450

**COMMISSION PROPOSES TO FINE CLEAR CHANNEL COMMUNICATIONS \$755,000 FOR
APPARENT VIOLATIONS OF INDECENCY**

**AND PUBLIC INSPECTION FILE RULES**

Washington, D.C. -- Today, the Federal Communications Commission issued
a Notice of Apparent Liability for Forfeiture against several
subsidiaries of Clear Channel Communications for apparently airing
indecent material over several broadcast stations during several days.
The material at issue was aired in connection with the "Bubba the Love
Sponge" program. The Commission proposed the statutory maximum
forfeiture of \$27,500 for each of 26 apparent indecency violations.
This forfeiture is the highest ever proposed against a broadcast
licensee.

The Commission found 26 apparent indecency violations that involved
graphic and explicit sexual and/or excretory material, and were designed
to pander to, titillate and shock listeners. The Commission proposed the
statutory maximum forfeiture amount because of Clear Channel's history
of transgressions relating to the broadcast of indecent material over
stations licensed to its subsidiaries.

The proposed forfeiture also includes \$40,000 for Clear Channel's
apparent failure to maintain certain required documents in the public
inspection files of these stations.

Action by the Commission, January 27, 2004, Notice of Apparent Liability
for Forfeiture (FCC 04-17). Chairman Powell, Commissioners Abernathy,
Martin, and Adelstein. Commissioner Copps dissenting and issuing a
separate statement. Chairman Powell issuing a separate statement.
Commissioner Martin issuing a separate statement. Commissioner Adelstein
issuing a separate statement.

Enforcement Bureau Contacts: Suzanne Tetreault or Lisa Fowlkes (202)
418-7450.

-FCC-

**STATEMENT STATEMENT OF**

**CHAIRMAN MICHAEL K. POWELL**

*Re: Clear Channel Broadcasting Licenses, Inc., Licensee of Station
WPLA(FM), Callahan, Florida; 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.*

Seven broadcasts, twenty-six indecency violations, four public file
violations and fines equaling \$755,000. By today's action, we provide
yet another example of this Commission's commitment to enforce its rules
and regulations---especially as it relates to indecent programming
engulfing our broadcast airwaves.

As the Commission with the strongest enforcement record in decades, it
should come as little surprise that this Commission's indecency
enforcement has dwarfed its predecessors. I am proud of the fact that
over the past three years, we have proposed nearly twice the dollar
amount of indecency fines than the previous two Commissions combined
(over seven years) and ten times the amount of fines proposed by the
last Commission.

Now is not, however, a time to rest on our laurels and no broadcaster
should believe that we will. Indeed, due to the leadership on this issue
from Commissioner Martin, the Commission will soon begin considering
fines for each separate utterance found indecent in a broadcast. In
addition, we will continue to look to Congress to dramatically increase
the enforcement penalties available to us to prosecute clear indecency
violations. I applaud Chairman Upton, Chairman Tauzin, Congressmen
Dingell and Markey, Chairman McCain, Senator Hollings and the many
others on both sides of the aisle in Congress for providing vital
leadership on this issue.

As the Commission continues the challenging task of balancing the
protections of the First Amendment with the need to protect our young,
these increased enforcement actions will allow the Commission to turn
what is now a "cost of doing business" into a significant "cost for
doing indecent business."

**SEPARATE STATEMENT OF**

**COMMISSIONER KEVIN J. MARTIN**

*Re: Clear Channel Broadcasting Licenses, Inc., Licensee of Station
WPLA(FM), Callahan, Florida, WCKT(FM), Port Charlotte, Florida;
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*

I agree with this Notice's conclusion that the licensees at issue
apparently violated our indecency rule and public file requirements.

I write separately to emphasize again that we could, and should, be
placing higher fines on those who broadcast indecent programming during
the hours when children may be watching or listening, in violation of
our rules and statute. The governing statute targets "whoever utters"
indecent or profane language, and the Commission should not continue to
treat an entire program full of indecent "utterances" as just one
violation.[^1] We should not continue to give a broadcaster who violates
our indecency rule at the beginning of a program a "free pass" for the
next two hours.

In this case, I would have found numerous violations, for a total
indecency fine significantly higher than that proposed (it appears there
were at least 49 indecency violations, for a total forfeiture exceeding
\$1,000,000).

**SEPARATE STATEMENT OF**

**COMMISSIONER JONATHAN S. ADELSTEIN**

*Re: Clear Channel Broadcasting Licenses, Inc., Notice of Apparent
Liability for Forfeiture*

The Commission has a duty to enforce statutory and regulatory provisions
restricting broadcast indecency. The material broadcast by these four
Clear Channel radio stations is undeniably graphic and explicit in its
sexual content and clearly intended to shock listeners. Clear Channel
and, indeed, this particular "Bubba the Love Sponge" program have been
the subject of repeated Commission indecency actions in the past. Given
the explicit nature of the broadcast material and the history of prior
offenses, this is the type of serious repeated behavior that I believe
would warrant initiation of license revocation hearings.

In fairness, however, this material was broadcast in 2001. The
Commission clarified in an April 2003 order that it was broadening its
range of enforcement approaches and tools to combat indecency on our
nation's public airwaves. For this reason, I approve of today's Order as
legally appropriate. The egregious nature of the material clearly
warrants the statutory maximum \$27,500 fine per violation. While the
Commission at all times has the authority to initiate license revocation
hearings or sanction for multiple indecent utterances in a given program
segment, it can be argued that the Commission was not employing these
approaches at the time this material was broadcast. Nonetheless, as we
made clear last year, broadcasters are now aware that the Commission
will not hesitate to use its full range of enforcement sanctions for
indecent material broadcast after April 2003.

I also acknowledge the importance of broadcasters adhering to the public
inspection file rules. Documents pertaining to an FCC investigation are
clearly within the scope of the information that must be maintained in a
manner accessible to the listening public. In this case, each of the
stations inexplicably failed to include complaints related to the airing
of this material in their public files.

A broadcast license is a public privilege. In return, broadcasters have
a responsibility to serve the public. This public interest
responsibility clearly encompasses protecting children from indecency on
the airwaves and facilitating public access to documentation through
which the station can remain accountable to its local community and
listening public. These stations exhibited a blatant disregard for both.

**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.

[^1]: *See* 18 U.S.C. § 1864 ("Whoever utters any obscene, indecent, or
    profane language by means of radio communication shall be fined
    under this title or imprisoned not more than two years, or both"),
    47 C.F.R. § 73.3999 ("No licensee of a radio or television broadcast
    station shall broadcast on any day between 6 a.m. and 10 p.m. any
    material which is indecent").