Continuing its war on indecency, the FCC issued a burst of rulings late Thursday evening, including one aimed at Howard Stern. The Commission issued a Notice of Apparent Liability for Forfeiture against Stern's Detroit affiliate, Infinity FM Talker WKRK, for the statutory maximum of $27,500.

The proposed fine is based on an FCC investigation into a nearly three-year old broadcast of the Stern show, where Stern and his crew talked about sexual practices and excretory activity. Infinity maintains the July 26, 2001 broadcast wasn't actionably indecent. But the Commission ruled otherwise, saying that while the colloquial terms used could be described as innuendo, they're actionably indecent because their sexual meaning was unmistakable.

In another strike against Infinity, the Commission affirmed a $7,000 penalty against Rhythmic CHR WLLD/Tampa. In its Memorandum Opinion and Order, the Commission agreed with the Enforcement Bureau that the station's presentation of a live Hip-Hop concert called The Last Damn Show included patently offensive references to oral sex and other objectionable material. Once again the Commission rejected Infinity's arguments, including one that questions the constitutionality of FCC indecency standards.

Clear Channel didn't escape Thursday evening's round of forfeitures. A May 31, 2002 simulcast on what was then WZZR/Ft. Pierce, FL (now WAVW) and clustermate WCZR brought a proposed $55,000 fine. The broadcast contained dialogue between the hosts and a man and a woman while they were engaging in actual or simulated sexual intercourse. That triggered the current maximum penalty of $27,500 apiece because of the company's past history of indecency transgressions.

The case that the FCC is hardlining radio and going soft on TV gained credibility with the evening's fourth ruling. Bono's use of the F-word as an adjective on the 2003 Golden Globes telecast is now legally indecent, despite a highly criticized earlier ruling by the Enforcement Bureau. The turnaround comes in response to an Application For Review filed by the Parents Television Council. In overruling the Bureau decision, the Commission concluded that "other cases holding that isolated or fleeting use of the 'F-word' are not indecent are no longer good law." The Commission also put licensees on notice that similar future broadcasts could lead to forfeitures and potential license revocation. However, the Commission levied no fine against NBC for the infraction.