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New Clear Channel Indecency Policy: One Strike And You're Out
February 25, 2004

Clear Channel says it will fire any personalities that break the FCC's indecency rules and make them share financial responsibility for fines levied as a result of their on-air content. The new get-tough policy was announced two days after the company axed Bubba The Love Sponge, and one day before radio division CEO John Hogan was scheduled to testify before a House hearing on indecency.

Like Infinity last week, Clear Channel now has a zero tolerance indecency policy. Its new "Responsible Broadcasting Initiative" includes company-wide training and "automatic suspensions for anyone that the FCC alleges has violated indecency rules on the air."

The gravity of the new edict is underscored by the fact that it comes, not from the radio division, but from the highest levels of the company. In announcing the new strict standards, COO Mark Mays said, "Clear Channel is serious about helping address the rising tide of indecency on the airwaves. As broadcast licensees, we are fully responsible for what our stations air, and we intend to make sure all our DJs and programmers understand what is and what is not appropriate on Clear Channel radio shows."

Here's how the company will deal with a personality who triggers a Notice Of Apparent Liability: "If the FCC accuses us of wrongdoing by issuing a proposed fine, we will take immediate action," Mays said. "We will suspend the DJ in question, and perform a swift investigation. If we or the government ultimately determine the offending broadcast is indecent, the DJ will be terminated without delay."

Added Hogan: "If a DJ is found to be in violation of FCC rules, there will be no appeals and no intermediate steps. If they break the law by broadcasting indecent material, they will not work for Clear Channel."

The new policy could have disastrous consequences for personalities in compliance today who crossed the line years ago. January's record-setting fine for Bubba The Love Sponge was for material that aired in 2001.That complaint collected dust in the Commission's offices for three years. It wasn't until the day before the Commission's Enforcement Bureau Chief was hauled before a Congressional subcommittee that it issued the proposed $715,000 fine. The FCC says more indecency fines are in the pipeline.

Clear Channel is also modifying all its contracts with with air talent to make them "share financial responsibility if they utter indecent material on the air."

"From now on, every contract that Clear Channel enters into with on-air talent will include this provision," said Hogan. "While that won't relieve Clear Channel from our responsibility as a broadcast licensee, we believe it will have a significant deterrent effect on indecent content."

Clear Channel also repeated an earlier call for an industry-wide task force -- involving representatives from broadcast, cable and satellite -- to deal with what has become radio and TV's most pressing issue.

 

 




 
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