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 DISSENTING  STATEMENT  OF  COMMISSIONER  MICHAEL  J.  COPPS 
 Re:  AMFM  Radio  Licenses,  L.  L.  C.,  Licensee  of  Station  WWDC-  FM,  Washington,  D.  C;,  Clear  Channel  Broadcasting  Licenses,  Inc.,  Licensee  of  Station  WRXL(  FM),  Richmond,  Virginia; 
 Capstar  TX  Limited  Partnership,  Licensee  of  Station  WOSC(  FM),  Bethany  Beach,  Delaware;  Notice  of  Apparent  Liability  for  Forfeiture 


 In  this  case,  three  Clear  Channel  stations  aired  graphic  and  explicit  sexual  content  on  nine  different  occasions  --  including  the  use  of  sexual  material  in  promotional  rebroadcasts.  Clear 
 Channel  has  been  the  subject  of  repeated  indecency  actions  at  the  FCC,  and  this  show  in  particular  has  been  the  subject  of  previous  complaints.  Yet,  notwithstanding  the  repeated  nature 
 of  Clear  Channel’s  transgressions,  the  majority  proposes  a  mere  $27,500  fine  for  each  incident.  Such  a  “cost  of  doing  business  fine”  is  never  going  to  stop  the  media’s  slide  to  the  bottom. 


 For  repeat  offenders  as  in  this  case,  I  believe  the  Commission  should  have  designated  these  cases  for  license  revocation  hearings.  I  recognize  that  Clear  Channel  has  taken  some  steps 
 in  recent  days  to  address  indecency  on  its  stations.  A  hearing  would  have  provided  the  Commission  with  the  ability  to  consider  what  actions  the  stations  took  in  response  to  these 
 broadcasts  and  to  decide  on  the  appropriate  penalty. 
 I  am  discouraged  that  my  colleagues  would  not  join  me  in  taking  a  firm  stand  here  against  indecency  on  the  airwaves.  The  time  has  come  for  the  Commission  to  send  a  message 
 that  it  is  serious  about  enforcing  the  indecency  laws  of  our  country.  That  message  has  yet  to  go  forth. 
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