Dateline: August 5, 1997
The FCC Fines K-Rock!
For the last few months, Howard has eluded to new fines that were coming
down the pike from the FCC. Well, this week the Stern hit the fan with a
$6000 fine when Howard's flagship station, WXRK FM, 92.3 K-Rock, was hit
with a Notice of Apparent Liability (a fine) for having aired segments of
the Stern show that were found to be indecent enough by the FCC to fine
WBUZ in Richmond and WEZB in New Orleans both $10,000 late last year.
One theory why the NY Stern show affiliate is now getting fined may
have to do with a letter Infinity, now CBS, wrote to the FCC back in 1994.
The letter explained to the FCC that, "It can be assumed that if Stern
show material was broadcast by ...a Stern show affiliate, it was also broadcast
However, CBS says that's not the case anymore since CBS/Stern show affiliates
can use a 7 second delay to control the show's contents as it airs locally.
Since there were the two well documented complaints from New Orleans
and Richmond, the FCC had enough proof of so-called violations in those
cities. With Stern show affiliates having editorial control over what airs
on their stations and without direct proof through a tape or complaint,
there is no evidence that the offending segments ever aired anywhere except
where cited in New Orleans and Richmond and the point of origin which was
WXRK in New York.
CBS has until mid-August to respond to these allegation.
As more becomes available, I'll keep you posted!
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