Swearing on the radio: What will it cost KSFO? Nothing? $7,000? $14,000? $500,000?

Hey Adults! Be sure to get your FCC complaints in early! We all know how slow the FCC is to react when it comes to anything other than Janet Jackson's right breast. Of course KSFO was up for its station license renewal on December 2005 and it went through because the requirements are so low these days.

But you can always tell the FCC about transgressions of various radio hosts who you hear swearing on the air. Sadly, Brian Sussman's hateful anti-Muslim speech is just fine to broadcast on radio (although not with most national advertisers, as we have proved!). But there are still a plethora of other transgressions that aren't okay to be broadcast on the Radio between 6 am and 10 pm.

FCC's Rules Governing Obscene, Indecent, and Profane Programming Congress has given the FCC the responsibility for administratively enforcing the law that governs obscene, indecent, and profane programming. The FCC may revoke a station license, impose a monetary forfeiture, or issue a warning for the broadcast of obscene, indecent, or profane material. The Supreme Court established the definition of obscenity.

And what counts as indecent on the radio?

Indecent Broadcast Restrictions
The FCC has defined broadcast indecency as “language or material that, in context, depicts or describes, in terms patently offensive as measured by contemporary community standards for the broadcast medium, sexual or excretory organs or activities.” Indecent programming contains patently offensive sexual or excretory material that does not rise to the level of obscenity.

The courts have held that indecent material is protected by the First Amendment and cannot be banned entirely. It may, however, be restricted in order to avoid its broadcast during times of the day when there is a reasonable risk that children may be in the audience.

Consistent with a federal indecency statute and federal court decisions interpreting the statute, the Commission adopted a rule that broadcasts -- both on television and radio -- that fit within the indecency definition and that are aired between 6:00 a.m. and 10:00 p.m. are prohibited and subject to indecency enforcement action.

Now remember, these are agreed upon rules between the government who-- representing the people--gave this radio frequency spectrum to the broadcasters. If you want to keep your license you follow the rules. If you break the rules you get fined. Ask Howard Stern whether or not the FCC will carry through on fines.

So what indecent excretory material did Brian Sussman spit out on his KSFO radio show airing between 6 am and 10pm?

Brian Sussman: You know, who is the party that is going to cry foul over that?
It's not going to be the Republican Party, what party would it be?

Caller: It's going to be the Democrats who care about the resources
(interrupted.)

Brian Sussman: OH BULLSHIT! I can't believe you would say that. That's just, that's crazy.

Click here to hear the 7:43 pm swear word Mr. Sussman uttered in anger on Feb, 7 2006 - Clip is in Windows Media Audio and runs 14 seconds (Not Safe For Radio between 6am and 10pm)

The funny thing is that Sussman will probably be defended by the union he hates so much, I'm sure the union lawyers will love to hear some of clips I have of him bad mouthing the unions. But they will still do their job, because they go to bat for all their members, even the ones who badmouth them. He has all the luck.

Well this is one filing, now it might get ignored, or KSFO might get a warning, so then the next filing--with the guest swearing on the radio-- they might get some "counseling". Historically for the third offense they might get a $7,000 fine. Now I'm not sure if talking about "cutting off someones penis" will count to the FCC, but I know the advertisers probably will count it. And they can take their business else where, you know free market.

But probably not, because as we all know "It's All Okay When You are a Republican." applies to talk radio. Lucky ducky Sussman also swore before the FCC new rules have taken effect, I'll bet the management at ABC Radio hopes they don't apply them retroactively. Even then knowing the Suss-man I'm sure that it won't slow him down. There will be more chances for people to fill out FCC Form 475b!