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 STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 APPROVING  IN  PART  AND  DISSENTING  IN  PART 
 Re:  Clear  Channel  Communications,  Inc. 
 I  support  much  of  today’s  action.  By  admitting  that  certain  broadcasts  violated  our  indecency  rules,  by  making  a  sizable  contribution  to  the  U.  S.  Treasury,  and  by  entering  into  a 
 company-  wide  compliance  plan  involving  training,  internal  investigations  and  suspensions,  and  program  delays,  Clear  Channel  has  shown  that  it  understands  its  responsibility  to  prevent  the 
 broadcast  of  indecent  material  on  its  stations.  Faithful  adherence  to  the  compliance  plan  should  obviate  the  need  for  Commission  enforcement  in  this  area. 


 Yet  before  the  Commission  enters  into  a  settlement  that  seeks  to  resolve  all  pending  matters  involving  a  company’s  indecency  compliance,  it  should  have  conducted  at  least 
 preliminary  investigations  of  those  matters  to  understand  the  full  extent  of  the  possible  violations  and  the  suitability  of  the  remedy.  With  respect  to  many  of  the  pending  Clear  Channel  matters 
 before  the  Commission,  the  staff  has  indeed  investigated  the  nature  of  the  complaint  and  in  some  cases  sent  out  inquiry  letters.  Yet  some  of  the  pending  complaints  have  not  even  been 
 investigated.  It’s  no  threat  to  the  First  Amendment  to,  at  a  minimum,  do  some  measure  of  investigation  when  we  receive  public  complaints  seeking  to  enforce  a  law  that  Congress  tasked  to 
 us  and  that  the  courts  have  upheld  under  the  First  Amendment.  With  respect  to  including  these  pending  but  uninvestigated  complaints  within  the  scope  of  this  decree,  I  dissent  in  part. 
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