The Federal Communications Commission upheld a $2,000 fine against Infinity
Broadcasting Friday, affirming a new FCC policy allowing indecency complaints to
be investigated even if tapes or transcripts of the broadcast are not provided.
Infinity appealed last year's notice of liability for a 1997 broadcast of the
song "You Suck" by KROQ(FM) Pasadena.
A listener complained that the song, aired before 10 p.m., included profane
terms for anatomy.
Infinity asserted it could not determine whether it aired the original
version of the song or an edited version.
Broadcasters complained the FCC was reversing its long-standing policy of
requiring transcripts, but agency staff said procedure had not changed.
Comments Friday from FCC commissioners, however, indicated that the policy
was at best unclear.
Commissioner Kevin Martin said he was glad the controversy was put to rest
"in a way that decreases burden on consumers."
Commissioner Michael Copps declared that the previous policy placed
"inordinate responsibility on the complaining citizen."