FCC chairman says unlike Janet Jackson case, agency lacks authority to fine Imus

The Washington Times
(April 18, 2007) The Federal Communications Commission does not have the authority to fine or take other action against fired radio host Don Imus' offensive comments, the agency head told lawmakers yesterday.

FCC Chairman Kevin Martin (above) said Congress gave the FCC authority to issue fines only for the broadcast of indecent content, which is limited to sexual and excretory language, or for inappropriate children's programming.

"Imus' comments were obviously very offensive, more offensive than some of the indecent remarks we've fined people for in the past," Mr. Martin said during a budget hearing before a House Appropriations subcommittee. "The commission doesn't fine based on whether or not something is offensive language."

Mr. Martin said the FCC has received a number of complaints about Mr. Imus referring to the Rutgers University women's college basketball team as "nappy-headed hos" on his morning radio program earlier this month. But the FCC's authority is limited by Congress, which spelled out the two areas for which the agency can issue fines.

The FCC fined CBS, the most-watched television network, $550,000 after the exposure of one of Janet Jackson's breasts during the 2004 Super Bowl telecast, a decision the network has appealed.

Indecent lyrics are bleeped or edited out in songs when played on the radio.

The appropriate recourse for angry listeners, Mr. Martin said, is to complain when a broadcast station's license is up for renewal.

Rep. Carolyn Cheeks Kilpatrick (left), Michigan Democrat, said Congress should consider expanding the FCC's authority to regulate offensive content.

The definition of indecency, profanity and obscenity "can be as large or as limited as we want to make it, and I think the FCC is very limited," she said.

Mr. Martin said one way that consumers could control content would be by being able to choose the programs they receive from cable operators in a menu fashion. But while the FCC has encouraged cable operators to offer programs in smaller bundles or some similar alternative, he said, it has not received a satisfactory response from them.

"I think one of the most important things is allowing consumers to purchase programs on a channel-by-channel basis," Mr. Martin said. "It's going to require some kind of change in federal law to allow for some type of smaller packages."

Rep. Kilpatrick continued advocating for women and minorities in mass media today when she encouraged FCC chairman Martin to examine the agency’s current rules and their impact on minority ownership of radio stations.

“The best way to curb racially and sexually insensitive and other discriminatory portrayals perpetuated by the media is to provide women and minorities with greater access to the media,” said Rep. Kilpatrick. “While we can work with networks and other media organizations to make sure minorities are present in front of and behind the camera, we must also work to make sure government rules and regulations provide them with equal opportunities to be owners.”

“The Federal Communications Commission should broaden the scope of the 1934 law to prohibit racist and sexist language,” said Kilpatrick.


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