SUPREME COURT RULES AGAINST “FLEETING EXPLETIVES”
WASHINGTON (AP) — Bono, Cher and Nicole Richie will have to watch their mouths on TV from now on. (more…) Pres. Clinton goes blue on noncom radio
The following was taken from: http://www.rbr.com/radio/7098.html A reporter from noncommercial newser WHYY-FM Philadelphia caught up with former President Bill Clinton (D-AR) Monday, and asked a question about controversial remarks made earlier in the election cycle in South Carolina. Clinton was subsequently caught using a word you’re not supposed to say over the air. This puts him in good company with the current president, and once again shines a spotlight on FCC fleeting expletive policies. For broadcasters, the substance of Clinton’s on-air chat with reporter Susan Phillips isn’t of long-standing interest. It’s what happened after Clinton thought the interview was over. “I don’t think I should take any s*** from anybody on that, do you?” he asked somebody in a voice that was fading as he moved away from the mic, but was nonetheless still audible. The incident is illustrative of what happens when someone is near a mic that is thought to be turned off but is in fact still hot. President Bush was caught using the same word several years ago. RBR/TVBR observation: This is yet another perfect example of why the fleeting expletive exception has long been enshrined in the FCC rulebook, and illustrates why its rash removal after Janet Jackson’s split-second indiscretion was ridiculous. Nobody was trying to pander or titillate in this instance, nor was the offensive language repeated. If the FCC decides to hit WHYY-FM with a fine, and especially if they go for the full 350K, then the chilling effect on live broadcast newsgathering will be patently obvious. The FCC is contending that every single utterance of certain expletives is highly objectionable and must be punished, even though it came to this conclusion unilaterally and without public comment. But if it lets Bill Clinton and WHYY off the hook, it undermines its own case. Let’s hope the Supremes use some good old common sense and ratify the decision of a lower court when they get the fleeting expletive appeal this fall. Man sets radio station on fire over playlist
taken from http://www.msnbc.msn.com/id/22921394/from/ET/: Volunteer says he was ‘very unhappy’ about changes to his jazz selections AUSTIN, Texas – A volunteer at a community radio station set fire to the station because he was upset that his song selections for an overnight Internet broadcast were changed, police said. Paul Webster Feinstein, 24, has been charged with second-degree felony arson for the Jan. 5 fire, which caused $300,000 worth of damage to the studios of 91.7 FM KOOP. He faces from two to 20 years in prison and a $10,000 fine if convicted. Feinstein told investigators that he was “very unhappy” about the changes to his playlist, said Austin Fire Department Battalion Chief Greg Nye. The songs were intended for an Internet broadcast that occurs when the station is off the air. “He had a dream of a career in radio and was very disappointed about where it had led him,” Nye said. An attorney for Feinstein could not be reached for comment. Jazz fan Feinstein was a jazz fan and his Internet program was called “Mellow Down Easy,” Dickens said. “We knew there was a disagreement, but I would characterize it as a little clash of personalities over types of music to be played and not a big blowout,” Dickens said. Feinstein, who had volunteered at the station for about a year, quit a week before the fire, saying he was going to do other things, Dickens said. “He seemed like somebody who was young, enthusiastic, had a life, was a professional and was educated,” Dickens said. Nye said Feinstein acknowledged making a copy of the station key and then waiting for the station to clear out on the night of Jan. 5. Feinstein poured gasoline on the control panels in two studios to start the fire, Nye said. Gasoline at scene Nye said Feinstein had no previous criminal record. The fire was the third the station has dealt with in the past two years. The first was ruled accidental. The second was caused by a malfunction in a heating and air-conditioning unit of a nearby business and forced the station to move. This month’s fire knocked the station off the air for 19 days. It resumed broadcasting last week in donated space. “We are kind of worried that people will look at us like a bunch of idiots,” Dickens said. “This is really just one of those out-of-the-blue situations. Who the hell would have thought somebody would have snapped?” Broadcasters Launch Ads Against Device
from: http://biz.yahoo.com/ap/070910/tv_vs_internet.html?.v=6 Monday September 10, 1:55 pm ET Broadcasters Launch Ads Opposing Device to Beam High-Speed Internet on Unused TV Airwaves WASHINGTON (AP) — Television broadcasters on Monday launched an advertising campaign to fight a technology industry proposal to transmit high-speed Internet service over unused airwaves.The National Association of Broadcasters, which is worried about possible interference with over-the-air TV programming, said TV spots will air in the Washington, D.C. area and print ads will run in Capitol Hill publications for several weeks. But the NAB, whose members include Walt Disney Co.’s ABC division and Univision Communications Inc., is fearful such devices could interfere with millions of TV sets. “While our friends at Intel, Google and Microsoft may find system errors, computer glitches and dropped calls tolerable, broadcasters do not,” said NAB Chairman Alan Frank, president of Post-Newsweek Stations, in a statement. Broadcasters said they aren’t against new technology and support alternative means of providing broadband service in underserved rural areas. In late July, the Federal Communications Commission, which is testing the prototype devices submitted by the coalition, gave them a failing grade, saying they could not reliably detect and avoid TV programming signals and could cause interference. Two weeks later, the FCC said one of the Microsoft-built devices was broken, which accounted for the results. A duplicate Microsoft device sent to the FCC was never tested. However, the coalition said a second prototype device developed by Phillips was able to detect both TV and wireless microphone signals, but only in a laboratory setting. Scott Blake Harris, spokesman for the technology coalition, said in a statement Monday that the devices do work and broadband benefits are “too great to ignore.” According to its timetable, the FCC could adopt rules for operating unlicensed devices in the white-space spectrum by October and start certifying similar devices that meets its technical requirement. David Donovan, president of the Association for Maximum Service Television, which also represents major TV broadcasters, including CBS Corp., said Monday the technology just doesn’t work. Because the devices would be unlicensed, meaning that the FCC would not have the power to enforce and correct any problems, Donovan said any interference would be difficult to track down and eliminate. He said thousands of such unlicensed, operating devices could pose a problem if they’re not working properly. The cable TV industry is also concerned about possible interference from the prototype devices. The National Cable & Telecommunications Association in comments to the FCC filed Aug. 15 said inadequately shielded TV receivers and VCRs directly connected to cable systems can pick up interference from such devices operating near them. It urged the FCC to conduct more tests. Broadcasters, who would not say how much they’re spending on the ad campaign, also said the consumer electronics industry and sports leagues, including Major League Baseball, National Football League, PGA Tour and others, are also joining them in their effort. Ex-DJ’s Defamation Suit Against NYC Councilman Dismissed
source: http://www.1010wins.com/ NEW YORK (AP) — A judge Friday threw out a lawsuit accusing a city councilman of defaming a fired DJ by calling him a “sick, racist pedophile” for sex-laced rants about a rival’s young daughter. DJ Star, whose real name is Troi Torain, was briefly charged with child endangerment and fired from WWPR’s “Star & Buc Wild Morning Show” last year after making remarks about the wife and 4-year-old daughter of Hot 97 DJ Raashaun Casey. Councilman John Liu denounced Torain in press conferences and television interviews, calling him a “pedophile” and a “lunatic” who should be “terminated from the face of the earth,” according to court papers. Torain sued Liu a year ago for $55 million, saying his reputation was permanently damaged. But U.S. District Judge George B. Daniels said Liu’s comments could not be seen as factual to most listeners and viewers, which is key to a defamation claim. “No reasonable person would have believed (Liu) was conveying a fact about plaintiff — i.e., that plaintiff was engaged in acts of pedophilia — rather than defendant’s opinion,” the judge wrote. Liu said Friday he did not regret his comments. Torain’s lawyer didn’t immediately return a message seeking comment Friday. There was no telephone number listed for Torain’s Pennsylvania home. The hip hop DJ was fired from New York’s WWPR (Power 105 FM) after he offered listeners $500 for information about Casey’s daughter’s school and made sexually charged remarks about her. Casey is known as DJ Envy on WQHT-FM. Torain also used a racial slur to describe Casey’s wife, who is part Asian. Torain was initially charged with child endangerment after the remarks, but prosecutors dropped the charges, saying they wanted to spare the young girl further attention. Torain’s morning show had aired in markets including Philadelphia, Miami and Richmond, Va. |
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