Path: bloom-picayune.mit.edu!snorkelwacker.mit.edu!americast.com!americast.com!americast-post Newsgroups: americast.twt.life From: americast-post@AmeriCast.Com Organization: American Cybercasting Approved: americast-post@AmeriCast.com Subject: Stern slings his own shots at FCC fine Date: Fri, 30 Oct 92 15:33:28 EST Message-ID: \SE E;LIFE \HD Stern slings his own shots at FCC fine \BY By Joe Palka \CR THE WASHINGTON TIMES Howard Stern isn't talking to the press about it, but on the air the shock jock is posturing like a politician about the record $105,000 fine the Federal Communications Commission slapped on a radio station that carried his "indecent" utterances. During closing comments on his radio show Wednesday morning, for example, he lamented being David up against the government's Goliath. But he could not be reached directly for comment. Various stations carrying the "Howard Stern Show" have been hit by FCC fines totaling $111,000 in the past week. The bulk of that, a $105,000 levy, was issued Tuesday against station KLSX-FM in Los Angeles for alleged indecent comments made by Mr. Stern during October, November and December of 1991. The remaining $6,000 was split evenly among three other stations owned by Infinity Broacasting: WJFK-FM (106.7) in Washington, WYSP-FM in Philadelphia and WXRK-FM in New York. (Those fines cites violations of federal broadcasting law that occurred in 1988.) KLSX is not owned by Infinity, but does carry "The Howard Stern Show." "I can only tell you that we had 19 pages of single-spaced [Stern] transcripts that we have deemed illegal according to statute," says Bob Ratcliffe, assistant director of the mass media bureau of the FCC. "We have issued the notice of apparent liability. They [the stations] will have 30 days in which to respond in agreement with our charges or to dispute them." Mr. Ratcliffe denies that the timing of the fines is in any way politically motivated. "I've told several [news] interviewers that it just so happens that this case is ripe for review just at this time. It is difficult, given its proximity to the election, but I might also add if we waited until after the election to levy these fines, wouldn't we be accused of political motivation as well?" As defined by the FCC, broadcast material is indecent that "in context depicts or describes in terms patently offensive . . . sexual or excretory activities or organs." The FCC based its indecency determination, enforced between 6 a.m. and 10 p.m., on transcripts and recordings supplied by a KLSX listener. "The FCC does not monitor its licensees. Maybe some people think we should, but it would be sort of a Big Brother thing that we should not get into," Mr. Ratcliffe says. "We react only to complaints from the listening community." Although Howard Stern allegedly talked lewdly of masturbation and ejaculation on the radio, he is not personally liable. "We regulate the licensee," Mr. Ratcliffe says. "It is our hope that by overseeing the station, they, in turn, will control their individual personnel." This article is based in part on wire service reports. This article is copyright 1992 The Washington Times. Redistribution to other sites is not permitted except by arrangement with American Cybercasting Corporation. For more information, send-email to usa@AmeriCast.COM