Broadcasters May Pay for ‘Sex in the Cathedral’

Infinity Broadcasting thought it would be really cool for their radio team of “Opie & Anthony” to broadcast live coverage of New York City couples having sex in “risky” public places, including a zoo, Rockefeller Center and St. Patrick's Cathedral. Turns out the show generated over 500 complaints to the FCC, which is now proposing to fine Infinity $375,000 – the highest fine permitted by law.

Washington, D.C. - Today, the Commission issued a Notice of Apparent Liability for Forfeiture against Infinity Broadcasting Operations, Inc. for apparently willfully and repeatedly broadcasting indecent material during the afternoon of August 15, 2002, in connection with the Opie & Anthony Show. The Commission proposed a fine against Infinity of $357,500, which is the highest amount permitted by the Communications Act on the facts of this case.

The Commission proposed a forfeiture for the maximum statutory amount because of the egregious nature of the material, the involvement of many Infinity employees and managers in planning the marketing event, and Infinity’s recent history of the airing of indecent or apparently indecent broadcasts, including the Opie and Anthony Show, over Station WNEW(FM) in November 2000 and January 2001.

The Commission based its action on more than 500 complaints regarding Infinity’s August 15, 2002, broadcast of an Infinity-hosted contest entitled “Sex for Sam,” which involved participants having sex in “risky locations” throughout New York City, including St. Patrick’s Cathedral, a zoo, Rockefeller Center, and a toy store.

The object of the contest was for each participating couple to earn the maximum number of points by having sex in as many of the places specified by the station as possible. The Commission concluded that the material in these broadcasts appeared to meet the Commission’s indecency definition. Specifically, the program material included repeated, graphic and explicit sexual descriptions designed to shock, pander and titillate listeners.

Action by the Commission, October 2, 2003, Notice of Apparent Liability for Forfeiture (FCC 03-234). Chairman Powell, Commissioners Abernathy and Adelstein. Commissioner Copps issuing a dissenting statement. Commissioner Martin issuing a concurring statement. Commissioner Adelstein issuing a separate statement. [FCC press release]

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