Tuesday, December 14, 2004

FCC Action Alert!!!

1. Go to http://www.rushlimbaugh.com/home/menu/rush.guest.html and find your Limbaugh station.
2. Send an email to fccinfo@fcc.gov with your own version of the following:

On Monday, December 13 in the 2nd hour of his program (1pm EST) broadcast on [CALL SIGN HERE], Rush Limbaugh used the vulgar, sexual term "dick" when referring to a Miss Plastic Surgery pageant. Specifically, Limbaugh said:

"LIMBAUGH: Miss Plastic Surgery. (chuckle) And – I’d – I’d – I – I don’t – I don’t know what the winner – I – and, oh, I didn’t print out both pages, so I don’t know what the – I don’t know what the winner gets. Probably a certificate to go to San Francisco to have an add-a-dick-to-me operation. "

According to the FCC:

Information regarding the details of what was actually said (or depicted) during the allegedly indecent, profane or obscene broadcast. There is flexibility on how a complainant may provide this information. The complainant may submit a significant excerpt of the program describing what was actually said (or depicted) or a full or partial recording (e.g., tape) or transcript of the material.

In whatever form the complainant decides to provide the information, it must be sufficiently detailed so the FCC can determine the words and language actually used during the broadcast and the context of those words or language. Subject matter alone is not a determining factor of whether material is obscene, profane, or indecent. For example, stating only that the broadcast station “discussed sex” or had a “disgusting discussion of sex” during a program is not sufficient. Moreover, the FCC must know the context when analyzing whether specific, isolated words are indecent or profane. The FCC does not require complainants to provide recordings or transcripts in support of their complaints. Consequently, failure to provide a recording or transcript of a broadcast, in and of itself, will not lead to automatic dismissal or denial of a complaint.

The date and time of the broadcast. Under federal law, if the FCC assesses a monetary forfeiture against a broadcast station for violation of a rule, it must specify the date the violation occurred. Accordingly, it is important that complainants provide the date the material in question was broadcast. A broadcaster’s right to air indecent or profane speech is protected between the hours of 10 p.m. and 6 a.m. Consequently, the FCC must know the time of day that the material was broadcast.