FCC Says Shock-Jock Stern Qualifies as Newsman
The staff decision by the Federal Communications Commission opens the way for the show to book two of the sexier candidates for California governor: Hollywood he-man Arnold Schwarzenegger and porn-star Mary Carey.
Executives at Infinity Broadcasting, which owns Stern's home station WXRK in New York, had been concerned that an appearance by either candidate would have required the show to make time for the more than 130 candidates running in California's hectic Oct. 7 election.
The equal opportunity provision of the Communications Act of 1934 requires broadcasters to treat political candidates equally when selling or giving away air time, although regulators had made exceptions for news programs such as "Meet the Press" and "Face the Nation."
The FCC staff said that the Stern show had qualified under the law because it was regularly scheduled and that Infinity had decided which guests to book based on their newsworthiness, without looking to advance any particular candidate.
"You shouldn't let the oddity of the California election eviscerate 75 years of sound legal principles," said Andrew Jay Schwartzman, president of Media Access. "As this applies to local radio and city council elections, it is not funny at all."
Noting that the Communications Act was meant to provide an exemption for "bona fide" news programming, Schwartzman said, "When guests are selected by the size of their bust, it is not bona fide news programming."
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This is a major History changing decision folks.
The staff decision by the Federal Communications Commission opens the way for the show to book two of the sexier candidates for California governor: Hollywood he-man Arnold Schwarzenegger and porn-star Mary Carey.
Executives at Infinity Broadcasting, which owns Stern's home station WXRK in New York, had been concerned that an appearance by either candidate would have required the show to make time for the more than 130 candidates running in California's hectic Oct. 7 election.
The equal opportunity provision of the Communications Act of 1934 requires broadcasters to treat political candidates equally when selling or giving away air time, although regulators had made exceptions for news programs such as "Meet the Press" and "Face the Nation."
The FCC staff said that the Stern show had qualified under the law because it was regularly scheduled and that Infinity had decided which guests to book based on their newsworthiness, without looking to advance any particular candidate.
"You shouldn't let the oddity of the California election eviscerate 75 years of sound legal principles," said Andrew Jay Schwartzman, president of Media Access. "As this applies to local radio and city council elections, it is not funny at all."
Noting that the Communications Act was meant to provide an exemption for "bona fide" news programming, Schwartzman said, "When guests are selected by the size of their bust, it is not bona fide news programming."
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This is a major History changing decision folks.
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