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Clear Channel to Settle FCC Indecency Cases
Wed June 09, 2004 01:55 PM ET

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WARSHINGTON (Reuters) - Clear Channel Communications Inc., the biggest owner of U.S. radio stations, plans to admit it aired indecent material and pay a record $1.75 million penalty to settle numerous complaints, a source familiar with the matter said on Wednesday. The company, which has run afoul with indecency limits previously for the antics of disc jockeys, also plans to agree to take steps to prevent further such incidents, including formalizing its zero tolerance policy.

An FCC spokeswoman declined to comment and Clear Channel issued the following statement: "While we can't comment on today's media reports, Clear Channel is committed to responsible broadcasting and continues to work with the FCC and our on-air talent to ensure our broadcasts do not violate indecency laws.

"Our broadcasts are crucial platforms for free speech and we embrace that responsibility and privilege. We are confident that we can provide compelling, entertaining and informative programming without being indecent."

The Federal Communications Commission had already proposed three fines against the radio giant and was investigating 14 other incidents, the source said, declining further identification.

The agency also had numerous other complaints against Clear Channel radio stations that it had not yet acted upon but the agreement, which could be released as early as Wednesday, would "wipe the slate clean," the source said.

"It's not just about the punishment, more importantly it's about the deterrent effect," the source said.

But analysts who track Clear Channel shrugged off the settlement, saying it represented less than one cent per share in earnings.

"It's an irrelevant amount of money for Clear Channel. If this is what it takes for the FCC to be content with past indiscretions, then its a pretty positive outcome for Clear Channel," said Jason Helfstein, analyst with CIBC Worldwide.

Shares in the San Antonio, Texas-based company were up 1 cent to $37.98 in early afternoon trading on the New York Stock Exchange.

The agency has been cracking down on radio and television stations after a spate of indecency incidents, including pop singer Janet Jackson exposing a bare breast during a national television broadcast earlier this year.

Parent groups and some lawmakers have demanded stations clean up their acts or face higher penalties and possibly lose their broadcast license.

Clear Channel has already clamped down, throwing shock jock Howard Stern's show off six of its stations and adopting a zero tolerance policy against broadcasts that violate the federal standards.

U.S. radio and television stations are barred from airing obscene material and are limited to airing indecent comments, such as explicit and graphic sexual references, to late night hours when children are less likely to be listening or watching.

Some broadcasters, including Stern, have expressed outrage at the crackdown, arguing that their free speech rights are being violated.

While the penalty is the largest ever negotiated by the FCC for such violations, it would be dwarfed by the $116.5 million Clear Channel earned in the first quarter of 2004.

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