- Jan 30, 2001
- 15,395
- 78
- 91
From today's Washington Post:
Bolding added by me.
FCC Commissioner's Mission: Cleaning Up Radio, Television
FCC Commissioner's Mission: Cleaning Up Radio, Television
By Paul Farhi
Washington Post Staff Writer
Monday, March 22, 2004; Page A19
Michael J. Copps was always certain he was on to something. He just had to wait a little longer for the rest of Washington to catch up with him.
Since becoming one of five commissioners at the Federal Communications Commission nearly three years ago, Copps, 63, has crusaded against the raunchy radio talk and TV imagery known in FCC-speak as "broadcast indecency." Copps has been nudging the agency -- and its deregulatory-minded chairman, Michael K. Powell -- to crack down on radio and TV broadcasters who air the kind of talk that made Howard Stern famous. Broadcasters, he has declared repeatedly, "are in a race to the bottom."
Yet like the sheriffs of the movie westerns he used to enjoy as a kid growing up in Milwaukee in the 1950s, Copps found it was not always easy rounding up a posse. He was rebuffed within his agency when he advocated pursuing more indecency cases, and rebuffed again when he urged the FCC to make it easier for listeners and viewers to file complaints about objectionable material. He got nowhere when he suggested the commission take the draconian step of yanking the broadcast licenses of repeat offenders. And when Copps, along with a second Democratic commissioner, Jonathan S. Adelstein, proposed studying the links, if any, between on-air raunch and Powell's plans to allow big media companies to grow even bigger, they were shot down, 3 to 2, by the FCC's Republican majority.
Then came Breast-gate.
Prompted by outrage over Janet Jackson's revealing performance during the Super Bowl halftime show, the broadcast and political worlds now seem to be reordering themselves to conform to Copps's way of thinking:
? The House earlier this month passed legislation that would increase the fines for indecency from the current maximum of $27,500 to $500,000 and would authorize the FCC to revoke licenses for repeat offenders.
? A Senate committee approved legislation that authorizes the FCC to consider barring violent TV shows while children are watching. The bill would also suspend new media ownership rules while Congress studies the possible links between media size and indecency.
? Radio giant Clear Channel Communications, clearly spooked by the gathering storm, dropped the oft-fined Stern from six of its stations across the country last month. It also fired a shock jock known as Bubba the Love Sponge, who has been previously cited by the FCC.
With an academic's solemn air and a gentleman's spiffy wardrobe, Copps seems satisfied by this turn of events. But he is neither gloating nor satisfied.
"We're all talking the talk now," he said. "Everyone seems to be gung-ho to enforce. But I'm not convinced we're walking the walk until we start designating some of these more egregious cases for license revocation."
He added: "I'm not trying to establish a national nanny here, but we only have to send one case to [license] hearings and the message would go forth to broadcasters all over the U.S. that this is a new era. . . . Right now, [broadcasters] not only don't fear us, they don't respect us, either."
Copps is confident that his approach will clean up broadcasting's Wild West. But it is not really quite as simple as he tells it. It is not clear, for example, that taking away a station's license for indecency would survive a legal challenge on First Amendment grounds. Critics of the rules, which are designed to protect children from exposure to indecent material from 6 a.m. to 10 p.m., say they are vague and inconsistently applied and in any case outmoded by vast changes in the media since the underlying law -- the Communications Act of 1934 -- was passed.
What is more, while the Supreme Court blessed the FCC's right to sanction indecent broadcasts in a 1978 opinion involving George Carlin's "Seven Words You Can Never Say on TV" routine, no court has reviewed the many ways in which the FCC has applied its indecency test (language that is "patently offensive as measured by contemporary community standards" that describes "sexual or excretory activities or organs") over the past 26 years.
And broadcasters say the rules are unfair and inadequate because they fail to address programs carried on cable or satellite systems. "There are some things [on the air] that are difficult to defend, but we think those instances are extremely rare and that most people who know anything about TV would acknowledge that those things occur more often on cable and satellite," said Dennis Wharton, a spokesman for the National Association of Broadcasters.
To Copps the indecency issue is not just a question of good public policy; it is personal, too. He is the father of five children and grandfather of two.
"Like a lot of parents," he said, "I've often found myself in a position where I've had to explain what's on, or be embarrassed by it, or try to sing a little tune or whistle a song when something comes on the radio that you don't want to hear."
But you won't find Copps, a former history professor and longtime aide to Sen. Ernest F. Hollings (D-S.C.), watching much TV or listening to the radio. His job and family obligations keep him too busy for that, he says, an odd admission for someone charged with determining "contemporary community standards" for the broadcast medium. For relaxation, he says, he tends to read works of history.
Andrew Jay Schwartzman, a veteran communications lawyer and FCC observer, calls Copps "a real thinker, a true intellectual." Schwartzman also praises Copps's political acumen, saying he "ran circles around Michael Powell" on the media ownership issue by linking it with the indecency issue. In doing so, he says, Copps forged a broad coalition of liberals and moderates opposed to greater media concentration and conservatives upset by growing media indecency.
Says Schwartzman, "He's been the most effective minority commissioner in the 30 years I've been doing this."
Bolding added by me.
FCC Commissioner's Mission: Cleaning Up Radio, Television
