The FCC rescinded a $7,000 penalty against the KBOO Foundation, licensee of noncomm KBOO(FM), Portland, Ore. originally levied in 1999 for broadcast indecency. The commission investigated a complaint alleging the station aired indecent program between 7p.m. and 9 p.m. In 1999, the Enforcement Bureau found the material from the “Your Revolution” material during the “Soundbox” program violated its indecency rule.
It described sexual activity and aired outside the so-called Indecency “safe harbor” from 10p.m. to 6 a.m.
The KBOO Foundation argued that a fine should not be imposed because the material in question was protected as free speech under the First Amendment.
The FCC said that while reviewing KBOO’s response, it determined that this was a close call, but decided the material wasn’t patently offensive, and therefore not indecent. The commission stated the most explicit sexual phrase in the song was not repeated, which also factored into its decision.
FCC: KBOO Did Not Boo Boo
FCC: KBOO Did Not Boo Boo
