It didn’t surprise anyone, I’m sure, that the FCC hit Clear Channel stations that carry Howard Stern with nearly half a million dollars in fines today.

I haven’t written much about the recent FCC crackdown, but I think a couple of things need to be considered. First, we’re talking about the PUBLIC airwaves in these cases. If we are to accept the classical thinking about broadcast policy, then because radio stations use the electromagnetic spectrum, then they must be licensed to use the people’s airwaves by the government of the people. The same is true for boradcast television. These are public properties that are being licensed to private companies for their commercial use, with a few provisions. I think the obscenity provision seems like a fair compromise. You get to use my airwaves, just keep it relatively clean.

I know there are plenty of free speech zealots out there who will moan and complain about the First Amendment, but I think we’re comparing apples to oranges. In my mind, the public airwaves are analagous to the front steps of city hall or a public sidewalk. If I want to sell hot dogs on that street, I need to get a vending license from the local munucipality. I have to abide by some rules about how and when I can sell those hot dogs. If in the process of selling those hot dogs, I decide to violate those provisions (by hiring topless women to sell the hot dogs), I shouldn’t be shocked when the government comes in and fines me. It’s the way business is done.

Now, if I rent or buy a private building and want to sell hot dogs from the inside of that building, then I should be able to use all the topless women I want to sell hot dogs, as long as they aren’t in view of the public and I take proper precautions to ensure that children don’t wander in.

Stern and can complain all he wants, but he’s made millions of dollars fur himself and his bosses and affiliates using the people’s airwaves to peddle his brand of crass humor. It’s not political speech. He’s not telling fart jokes to make a political point. He’s not interviewing strippers because they are running for office. This isn’t C-SPAN.

My suggestion to Stern is to get over himself. If you don’t like the FCC, then go to satellite radio and give XM or Sirius a HUGE boost. Or put the show on-line. We live in a world with many options. It’s not like 30 years ago when you had a limited amount of media options. If Stern is really as popular as he thinks he is , then his legion of loyal fans will follow him wherever he goes. Just like Opie and Anthony, right?