KCSB Plans to Continue Frank Program Despite Ruling

Despite the FCC’s ruling Tuesday limiting the hours that broadcasters may air material that might be considered indecent, KCSB-FM plans to continue airing its frank public affairs program on sex Wednesdays at 6 p.m. The college radio station in Santa Barbara was admonished by the FCC last April for broadcasting a song that contained allegedly offensive lyrics.

“We feel that requirement (that explicit material be aired only after midnight) does not apply to frank discussions of sexuality by mature broadcasters,” said Malcolm Gault-Williams, KCSB’s general manager. “On our show called ‘Speaking of Sex,’ explicit references to sexual acts and organs do take place, but we feel that this program is educational and important to our audience. We are committed to it.”

Gault-Williams’ reaction was consistent with those of other broadcasters contacted Tuesday. They have been paying close attention to the FCC’s obscenity policies since its ruling in April, and most said the new FCC statement did little to help clarify what the commission considers indecent material.

Those questioned after Tuesday’s FCC vote indicated that the new policy would not change the confusion or the fear that reigns within the radio industry.

Gault-Williams said the station had already been complying with Tuesday’s ruling by restricting the broadcasting of potentially offensive music to the hours between midnight and 6 a.m. The station also requires its programmers to air disclaimers that ask listeners to tune out if they think they might be offended by the material.

“We must abide by federal law and channel questionable material to certain hours so younger children are not affected,” Gault-Williams said. “But we should not go overboard.

“We have an obligation to present public affairs programming that addresses sexuality. Among local university officials that I’ve spoken with, there still is a commitment to the belief that educational and cultural expression should not be hindered by the obscenity ruling.”

Gault-Williams indicated that many non-commercial broadcasters had adopted a more conservative policy after the FCC’s recommendation that local public station KPFK-FM be criminally prosecuted for airing a play about AIDS that contained some explicit references to sexual acts and body organs. Many of these programmers, Gault-Williams said, were running scared and refusing to air any material that might be questionable.

Some commercial broadcasters have also been looking over their shoulders at the FCC, according to Steven Lerner, the attorney representing Infinity Broadcasting, the company that owns the New York and Philadelphia radio stations that broadcast so-called “shock jock” Howard Stern. But the new ruling, which doesn’t provide any specific clarification of what is or is not indecent, Lerner said, “is just more bureaucratic murkiness.”

At least one local disc jockey insisted he would not be chilled by the FCC. Jay Thomas, KPWR-FM’s irreverent morning deejay, who frequently emits the sound of gases escaping from his body over the air, said that he has not altered his behavior on the radio at all since the FCC’s April ruling. He said his “blue and ethnic” humor has probably gotten worse.

“To be cited by the FCC like Howard Stern gets you a raise and another million listeners,” Thomas said. “I’ve done all I can do to get the attention of the FCC, and I’m very angry that they haven’t cited me.”

Though he hasn’t changed his abusive on-the-air ways, Thomas conceded that he would be scared if the FCC decided to target him. But he said that the FCC’s meddling in such trivial matters, when listeners can turn off any radio or television show at any time, is a waste of everyone’s time.