April 19, 2004

Chairman Michael Powell

Federal Communications Commission

445 12th Street SW

Washington, D.C. 20554 Via Fax to 202-418-2801

Office of the Secretary

Federal Communications Commission

445 12th Street SW

Washington, D.C. 20554 Via Fax to 202-418-0187

Commissioner Michael Copps

C/o Senior Legal Advisor Jordan Goldstein

Federal Communications Commission

445 12th Street SW

Washington, D.C. 20554 Via Fax to 202-418-2802

Dear Commissioner Copps and FCC Secretary:

I appreciate the FCC’s recent decision to propose $495,000 fines against Clear Channel for their airing of Howard Stern’s serial indecencies on the April 9, 2003 broadcast. As you know, it was my formal complaint, backed by a transcript and an audio tape, that resulted in that appropriate action.

Today, an afternoon talk radio host on Miami’s WIOD-AM, owned by Clear Channel, pointed out that last night CBS’s 60 Minutes aired the word "Shit!" uttered by pop diva Mary J. Blige in a piece by Ed Bradley. This constitutes a violation of FCC-enforced decency standards, just a surely as does Bono’s use of the word "fucking" on the primetime telecast of the 2003 Golden Globes.

A few observations, then, if I may:

I was a guest on 60 Minutes the Sunday after "Columbine." The correspondent for that piece was also Ed Bradley. The amount of editing done on our show was extensive, even though that was a "crash" show put together in three days. Certainly the 60 Minutes crew had plenty of opportunity to edit this story and thus to excise the "S" word with taping of Ms. Blige done months ago, as indicated in the piece.

But CBS chose not to exercise its editing function when it came to the expletive. What we all could hear, CBS could hear just as clearly and repeatedly as it put the taped segment together.

I would strongly suggest that CBS intentionally left "Shit!" in the story in order that Viacom, whose CBS and MTV brought us all the glorious and illegal Super Bowl half-time show, might raise the ante with the Federal Communications Commission by daring it to proceed against this respected, long-in-the-tooth news program. CBS thinks 60 Minutes is above broadcast standards to which others must adhere. I thought General Westmoreland made it clear years ago that it was not.

If I were an FCC Commissioner, I would take Viacom up on its calculated dare, especially since Viacom’s Mel Karmazin, has made it very clear, in the proposed litigation he and others are threatening today, that he wants a bloody fight about all this. I’d give him what he wants.

Why? Because Mr. Karmazin, after promising a "zero tolerance" for indecency on Infinity radio stations, has had the audacity to say that Howard Stern has never violated decency standards with the content of his show. Someone so ideologically out of touch with reality makes an inviting target—and a necessary one.

Mr. Karmazin and Viacom are betting that the FCC would not dare take on 60 Minutes. I encourage the FCC to give CBS plenty of reasons to utter expletives, off the air, at Black Rock.

Regards,

PS: If you go to www.schnittshow.com, you can link to the illegal portion of the CBS broadcast:

Ed Bradley: "In the recording studio, Blige is a perfectionist."

Blige: "Shit!"