Infinity Challenges $27,500 Stern Fine
April 26, 2004

During Thursday's Q1 conference call, Viacom President/COO Mel Karmazin vowed to haul the FCC into court over indecency -- if the opportunity ever availed itself. One day later, Karmazin took what could be the first step in that long legal process by contesting the Commission's $27,500 proposed fine against Howard Stern.

The challenge comes in the form of Infinity's formal response to a March 18 Notice Of Apparent Liability served on WKRK/Detroit for a July 26, 2001 Stern show. 

When Infinity responded to the Commission's initial Letter Of Inquiry, it maintained that the cited material wasn't actionably indecent and didn't contain any description or depiction of sexual or excretory organs or activities in a patently offensive manner. Infinity also argued that the Commission's generic indecency definition is unconstitutional.

Now, in a 64-page filing, the company claims that the Commission has "abruptly and systematically altered almost every aspect of indecency enforcement in ways that dramatically undermine the lawfulness of the overall scheme."

The nearly three-year-old broadcast that netted Stern's first indecency fine since June '98 involved Howard and company defining terms like "blumpkin," "balloon knot" and "the David Copperfield."

Should the FCC move forward with the fine, Infinity can appeal to a federal court, an avenue Karmazin and Stern have said they'd like to pursue. Last Monday (4/19), Infinity was part of a broad coalition of broadcasters, artists, public interest and professional organizations that asked the Commission to reconsider the Golden Globe Awards decision that declared Bono's F-bomb-as-an-adjective both indecent and profane. 

Elsewhere on the indecency front, Clear Channel has asked the FCC to reduce the $247,500 fine pending against it for a March 2003 Elliot In The Morning broadcast. In its request, the company notes how it has fired Howard Stern and Bubba The Love Sponge and put strict new decency guidelines in place. 

Breaking News
UMG Revenue Hits $5.57 Billion in 2016
BMI Withdraws Interim Fee Petition to RMLC
Talia Schlanger Named World Café Host
The Kane Show & Ocean Park Standoff Share "Good News"
Tim "Minnesota Fattz" Snell Named SVP of Programming for iHeartMedia-Augusta
February 23, 2017
iHeartMedia Revenue Up in Q4, Full-Year 2016
Study: Actual Ratings Panelists - We Want Personalities And Fun!
iHeartMedia Tampa Names Pete Norden SVP/Sales
The Syndicate Promotes from Within to Strengthen Marketing, Radio & Finance Departments
2017 NAB Crystal Radio Awards Finalists Announced
February 22, 2017
Entercom Reports Fourth Quarter and Annual Results
Study: “Local” Is Not Radio's Best Defense Against Pureplays
Ashley Z Takes On Nights At Q100/Atlanta Nights
Benztown Releases Third Annual Benztown 50 List of Top Voiceover Professionals in Radio
February 21, 2017
Study: Just Over Half Of At Work Listening Goes To Radio
iHeartMedia Names Blaine Jackson PD At WLUB/Augusta
CMG Atlanta Radio Names Jaleigh Long Director of Sales
In Brief - February 21, 2017
February 20, 2017
Study: Radio Dominates In Connected Cars
February 17, 2017
Study: Women to Radio: I Love You, But….
iHeartMedia Fort Myers Adds New Nighttime On-Air Hosts Lulu & Lala On Y100.1
Entercom Los Angeles Extends KSWD's "Uncle Joe'Benson
February 16, 2017
Study: Who Do Women Love Most – Radio or Pandora?
Prince Streaming Activity Explodes
Music News
Beyoncé Drops Out of Coachella Lineup
Quick Hits: John Mayer, Lorde, Eminem, Gucci Mane, Lionel Richie & Mariah Carey
Bruno Mars to Receive 2017 iHeartRadio Innovator Award
David Bowie Honored at Brit Awards
Katy Perry Talks New Album Rollout
Quick Hits: Ed Sheeran, Future, Songwriters Hall Of Fame, Chris Brown, Young The Giant
Fifty Shades Darker Soundtrack Debuts Atop Billboard 200
James Brown's Drummer Clyde Stubblefield Dies
Quick Hits: Katy Perry, Ottawa Bluesfest Lineup
Quick Hits: The Roots Picnic, Ringo Starr & Paul McCartney, Lana Del Rey
Republic Records, ZXL Music & The Grimmie Family To Release New Christine Grimmie Music
Linkin Park Announce New Album, Release Single "Heavy"
Migos Joins With Motown & Capitol Records
Quick Hits: Beyonce, Adele, Metallica, Michael Jackson, OneRepublic
Katy Perry, Ed Sheeran, The Chainsmokers, Shawn Mendes, Noah Cyrus, Bruno Mars Set To Perform At The 2017 iHeartRadio Music Awards

Question Of
The Week

FMQB Member Login

Not a member yet?
Sign up Now!
Sign Up for Breaking News!
Enter FMQB E-Tracking!