Indecency complaint leads to limit on blind broadcast service

Category: News and Views

Post 1 by bermuda-triangulese (Help me, I'm stuck to my chair!) on Monday, 18-Apr-2005 8:52:33

BUFFALO, N.Y. - "Shock radio" may be the last way the Niagara

Frontier Radio Reading Service for the Blind would define itself.

Nevertheless, the service finds itself cast in the broadcast

indecency debate, alongside Janet Jackson's "wardrobe malfunction"

and Howard Stern.

Buffalo television station WKBW-TV recently stopped broadcasting the

reading service's audio signal after a listener complained about an

offensive word - apparently contained in the Tom Wolfe novel I Am

Charlotte Simmons.

"As I understand it, they took one call from an 89-year-old woman

from Lewiston," said reading-service director Bob Sikorski.

Sikorski attributes the television station's response to the

indecency storm that has gathered steam since Jackson's overexposure

during last year's Super Bowl halftime show.

Last month, the fed-up House overwhelmingly passed a bill

authorizing unprecedented fines for indecency: up to $500,000 for a

company. A similar bill is pending in the Senate. The Federal

Communications Commission, meanwhile, has stepped up enforcement of

the indecency statute, making radio personality Stern a frequent target.

All have left broadcasters jittery and more apt to self-censor than

risk FCC wrath, authorities said.

"Many broadcasters are very anxious right now and are going to err

on the side of restricting speech, which is obviously very unfortunate,"

said Andrew Jay Schwartzman, president of the Media Access Project,

a Washington law firm that represents small broadcasters.

Sikorski, a former FCC lawyer, said that while he understands

broadcasters'

concerns, "we hope there won't be a panic mentality."

The reading service uses volunteers for its around-the-clock reading

of newspapers, magazines, obituaries, movie listings and books,

reaching thousands of visually impaired listeners via the WKBW SAP

channel or specially equipped radio receivers, Sikorski said.

Since WKBW pulled the voluntary broadcast about three weeks ago

after a 14-year run, Sikorski said he has been inundated with calls.

"We've literally had a run on radio reading receivers," he said.

"We're virtually out of them."

After weeks of talks, the television station has agreed to put the

service back on the air, but not overnight when material containing

adult content may be read, Sikorski said.

WKBW general manager Bill Ransom did not return calls seeking comment.

He told The Buffalo News that the station's parent company, Granite

Broadcasting Corp., had referred the matter to its attorneys.

"They need to clarify things," he said.

And although the station is pleased to resume airing the service,

Ransom said, canceling the overnight programming would also cancel

out worries about FCC fines.

Schwartzman said those worries were unfounded in the reading service

case, which involved a word read in the context of a novel after 10

p.m.

"That would not come close to the kind of indecency that would merit

sanction from the FCC," the lawyer said. "There is a question of

whether reading services for the blind are even subject to

regulation in this regard."

Yet, in light of the actions by Congress and the FCC, "we're seeing

this kind of chilling effect all over the country," Schwartzman said.

Sikorski said the reading service broadcasts best sellers with adult

content, such as the Wolfe novel, after 10 p.m. and includes a

content warning. The practice is in line with FCC guidelines which

allow adult programming after 10 p.m.