Porn Valley- Howard Stern who made a name for himself by playing prank phone calls on the radio airwaves, lobbed the “prank” call of his career this week.
And, as you might expect, Stern managed to milk most of Wednesday morning with play and byplay of his surprise call to FCC chief Michael Powell the day before. Playing John Fogerty’s non-Creedence Clearwater version of Fortunate Son, Stern went on a rant about Powell and the on-air conversation Stern had with him which aired on San Francisco’s KGO-AM 810 Tuesday morning.
Powell appeared on Ronn Owens’s morning show for a widely publicized interview. But Powell didn’t plan to field calls from listeners, but eventually relented. That was all the opening Stern needed. Stern played the exchange for his listeners amid a morning full of taunts and commentary about Powell’s [in Stern’s view] specious qualifications. Stern also had a chat with Owens who displayed a much different face than the suck up one he displayed on Powell’s behalf when Stern called the San Francisco station.
Unlike the filtered accounts you’ve been reading on various wire services, The Stern-Powell exchange went this way with Owens picking up the phone. “Is this who I think it is?” he said.
Stern explained that a friend of his told him that Powell was going to be on the Owens’s show. Owens then broke in, explaining that it was Stern and the first time he’s talked to Stern.
“The commissioner has fined me millions of dollars for things I have said,” Stern commented, “and consistently avoids me and avoids answering my questions. And I’m wondering how long he’ll stay on the phone with me.” Owens told him to fire away. Stern exchanged pleasantries with Powell. “Does it make you nervous to talk to me?” Stern asked him.
“It does not,” said Powell. Owens broke in. “It made me nervous to talk to HIM [Powell].”
“I’ve got about ten zillion questions for you,” Stern said, speaking to Powell. “You, honestly, are an enigma to me. The first question, being, how did you get your job? It is apparent to most of us in broadcasting that your father [Colin Powell] got you your job. You kind of sit there. You’re the judge. You’re the arbiter. You’re the one who tells us what we can and can’t say on the air. And yet I really don’t think you’re qualified to be the head of the commission. Do you deny that your father got you this job?”
“I would deny it exceedingly,” Powell replied. “You can look at my resume if you want, Howard. I’m not ashamed of it and I think it justifies my existence. I was chief of staff of the anti-trust division. I’m an attorney. I was a clerk on the court of the United States. I was a private attorney. I have the same credentials that, virtually, anyone who sits in my position does. I think it’s a little unfair that just because I happen to have a famous father and other public officials don’t, that you make an assumption that the only basis on which I serve in my…”
Owens snidely broke in. “Caller asked that question already. Give him another tough one.”
“So out of all the people that sit on the commission, you were moved to the head of the class,” Stern then commented. “I don’t buy your explanation but okay. The thing that amazes me about you is that you continually fine me but you’re afraid to court with me. And I’ll explain myself if you give me a second. Fine after fine came and we tried to go to court with you to find out about obscenity and what your line was and whether our show was indecent which I don’t think it is. And you do something really sneaky behind the scenes. You continue to block Viacom from buying new stations until we pay those fines. You are afraid to go to court. You’re afraid to get a ruling time and time again. When will you allow this to go to court and stop practicing your form of racketeering that you do by making stations pay up or you hold up your license renewal.”
“That’s flatly false,” declared Powell. Stern begged to differ and Powell held his ground. “I’m afraid it is- there’s no reason why Viacom or any other company who feels that they’ve been wrongly fined can’t sue us in court. We have no basis whatsoever to prevent them from going to court.”
“I’ve lived through your fines,” said Stern. “Mel Karmazin came to me one day and said, listen Howard, we’re going to have to pay up some sort of cockamamie bunch of fines that we don’t believe are wrong because we can’t get our paperwork done. We’re finding it increasingly difficult to buy radio stations.
“I know you’re not telling the truth,” Stern challenged Powell. “I question why you are selected to be the one who is the FCC commissioner. I’m going to Sirius Satellite Radio.”
Owens broke in again stating that people have argued that satellite radio and cable TV should also come under FCC guidelines. Stern argued the notion. “That’s not going to happen,” said Stern. “Michael knows that. Michael’s a Republican…” Owens asked Powell if he hadn’t been appointed by Clinton. Powell said he was. But Stern begged to differ. “No, no, no, no. He was appointed head of the FCC by George W. Bush.”
“Right,” said Powell. “The only thing I would ask if we’re going to be fair, is that the commitment to the indecency provisions is not Republican or Democrats. I have Democratic colleagues on my commission that argue for license revocation. The Congress just debated indecency fines in the Unites States Congress. It passed the Senate 99 to 1. There are not 99 Republicans and one Democrat. It was bi-partisan. I think you have a right to be concerned about the way the indecency fines are done but rather than attack me personally you can challenge the regime. But the entire commission has voted on these fines. The commission has a statute that it’s required to enforce and I think it’s a cheap shot to say just because my father’s famous I don’t belong in my position even though I’ve served longer than any commissioner in decades at the commission. If you don’t believe the commission should have any right to draw limits I think it’s a respectable position but it doesn’t happen to be the law.”
Stern said it isn’t a cheap shot to say that Powell’s father got him his position. “I’ll tell you why- the guys like me who came from nowhere out of nothing who worked their way up and committed themselves to broadcasting and a career in broadcasting have to answer to you. It is a question as to how you got to where you got to. Let’s face it. You got to the head of the FCC, you got to the front of the class the way George W. Bush got out of the draft. It’s completely fair for me to question. You’re the guy sitting there telling me I’m guilty of saying something and Oprah Winfrey isn’t. I wish you’d address that…make the statement that you made originally which was Oprah is, I guess, a beloved figure and Howard Stern is not.”
“I’ve never made such a statement,” said Powell. “Indeed my argument was, we’re going to enforce the things fairly, regardless of the notoriety and personality involved.” Powell went on to say that Stern was personalizing the issue. “As if you’re answering to me- you’re answering to the commission if you’re answering to anybody.”
Powell said the fines are voted on by five members. “Republicans and Democrats, alike. They’ve been unanimous. The only dissent in these cases have been from Democrats who argued for even stricter fines and enforcement. I don’t mind having an honest debate about the role of the commission in indecency. I think as a public institution we’re responsible to do that. But I don’t think I have been personally the one you’ve been answering to.”
In the exchange, Stern’s volume was consistently lowered to where he almost couldn’t be heard. “Of course you are,” said Stern. “If I was a friend of George W. Bush, you know he’ll give you the word and you’ll back off from me.”
Powell thought that was a ridiculous statement. Stern then asked why Powell didn’t fine Oprah Winfrey. Powell said the case was still at the commission. “If we don’t, then you can ask that question,” Powell said. “But until we resolve it, I don’t think it’s fair to ask that question.” It was Powell’s recollection that in his four years in the commission, Stern’s company has been fined twice. “I don’t think we’ve made any particular crusade against the Howard Stern show or you.” Which prompted Stern to chuckle. “Okay Michael, that’s why I’ve received the largest fines in history and I’ve said the identical thing that Oprah Winfrey said and you said she’s beloved and I’m not.”
Powell again argued that he never made that remark. Owens again broke in telling Stern he had bills to pay and was “thrilled” that he called. Stern wanted to say one last thing. “I invite Michael on to my show which he won’t come on,” said Stern. “I’ve been respectful. I hope there’s no sort of retribution as a result of my phone call which I believe Michael is capable of. I’ve been the victim of it. You can call me crazy. You can call me nuts. Michael knows what I’ve been talking about. I’ve been slammed. I’ve been not allowed to go to court over this thing and prove my innocence in this. I don’t think a court would have found me indecent at all. I’m not here to set up the commissioner. I called him because a friend of mine told me two hours ago that Michael Powell was going to be there. And there’s about ten zillion questions I’d like to ask and maybe you’ll ask this after I get off the phone- Janet Jackson..”
Owens, again, flipped off Stern. “We talked about it, next question.” Stern asked him what he meant. Owens said he already covered that territory. “It’s the ripping off of the bra- what’s the deal with the nipple?” Stern wondered why you would blame Viacom for that. “And then not fine people for using the f-word and the s-word during live events. What’s the difference? Do you really think Les Moonves sat in a room and conspired with…”
Owens said he had to go because he already cut out one commercial cluster. Powell said he didn’t think the FCC was being inconsistent that one of the most controversial fines this year was for Bono’s use of the f-word.
“I think we have been consistent across that line.”
In closing, Stern said he wasn’t taking the matter personally. “I don’t think that you personally hate me. I think what you’ve been doing is dangerous to Free Speech. I don’t think just against me. I think things have gotten way out of control. I am not personally vindictive. I’m happy to be going to satellite radio and Sirius. I welcome the move. I think it’s a sad day, though, when the marketplace no longer determines what is indecent. I think there’s a tremendous hypocrisy that you allow late-at-night on the radio with teenagers calling in on love lines talking about blatant sexual acts. There’s a complete double-standard here when it comes to me and morning radio when it’s probably the only time of day when parents listen with their children 6 to 10 in the morning. I think there’s a lot of inconsistencies. And I’m going to ask you while you’re still in office and, who knows, Bush will probably win so you’ll be there for awhile..”
Owens again went to cut Stern off, though Stern attempted to lob the thought about the computer scandal where a billion dollars worth of computer equipment never made it to inner city school children. But Stern didn’t get a chance to complete his question.