FCC fines KCSM for obscenity

The FCC handed out millions of dollars worth of fines Wednesday, including a recorded $3.6 million fine to CBS for showing a simulated orgy on an episode of "Without a Trace.” However, the fine against the college television station was by far, the most controversial.

KCSM aired the entire documentary, "The Blues: Godfathers and Sons” between 8:42 p.m. and 9:32 p.m. on March 11, 2004. The prerecorded series was provided by the Public Broadcasting System and contained "numerous obscenities, including the f-word, the s-word and various derivatives of those words.”

The FCC received a complaint, notified KCSM in August, asked for a copy of the show six months ago and yesterday called the station to notify them of the fine, said KCSM General Manager Marilyn Lawrence.

KCSM has 30 days to appeal the ruling, but Lawrence said she’s not sure if that will happen. The San Mateo County Community College District must first review the case and decided if it would be cheaper to pay the fine instead of paying the legal fees associated with fighting the ruling.

The station is one of 384 PBS stations nationwide that were given the opportunity to air the documentary produced by acclaimed director Martin Scorcese. However, many of them either showed just a part of the series or aired it before March 2004 — when the FCC made its landmark ruling preventing "obscene” material from being shown before 10 p.m. on television.

The small staff at KCSM sets its programming months in advance and was not able to pull the program before it ran, Lawrence said.

"Godfathers and Sons,” part five of the seven-part series, examines the heyday of blues in Chicago through a number of interviews. The people interviewed used profanity while telling their stories. At one point someone interviewed said "What’s my job? You stupid motherf—er, your job is to follow me.” Later in the episode, a person said "This is the kind of s— I buy.”

KCSM was aware of the profanities, but did not edit them because it was part of an educational program, Lawrence said.

"It’s words that came out of their mouths,” Lawrence said. "How is that any different from Saving Private Ryan?”

In other rulings Wednesday, the FCC upheld previous standards that curse words and scenes describing sexual or other graphic activities are prohibited except in "rare cases” such as Steven Spielberg’s war film "Saving Private Ryan,” which was previously ruled acceptable.

Lawrence worries that there’s no way of telling what other programs could be deemed "obscene” in the future. The college station plays telecourses most of the day, including one on human sexuality and another on abnormal physiological behaviors. Both classes could have nudity or profanity.

"There’s nothing concrete to tell me I’ve broken the law,” Lawrence said.

Dana Yates can be reached by e-mail: dana@smdailyjournal.com or by phone: (650) 344-5200 ext. 106. What do you think of this story? Send a letter to the editor: letters@smdailyjournal.com.<