The definition used to add "at times of the day when there is a reasonable risk that children may be in the audience." Explaining why it dropped that language, the FCC said:
In our recent actions, we treated the nature of the material involved and the time of day that children are in the audience separately because we believe that the question of the time of a "patently offensive" broadcast is more pertinent to channeling and to whether a broadcast is "actionable" . . . than to whether it is indecent. We note, however, that because the aim of broadcast indecency regulation is to protect children, a violation finding will only be entered if both components of the test are met -- i.e. material must be both indecent and broadcast when there is a reasonable risk that children may be in the audience.
In re Infinity Broadcasting Corp. of Pennsylvania v. FCC, 3 FCC Red 930 n. 6 ( 1987), 1987 FCC Lexis 2416, 3 (emphasis added).
The syndication of Stern's morning show is an intriguing counterpoint to the rise of talk radio's other megastar, Rush Limbaugh. Both men are extremely talented broadcasters who define their shows by encouraging a cult of personality. And in these days of temperate discourse, they also share the distinction of being politically incorrect. But where Limbaugh beats a rigorously conservative drum, Stern marches to a decidedly more liberal beat.
John Milward, "Howard Stern Blasts Off: Chicago May Be in for a Rude Awakening from New York Shock Jock", Chicago Tribune, North Sports Final Edition, Oct. 2, 1992, Tempo section, p. 1.