Entercom wanted an indecency matter involving its Portland station, KNRK(FM), kept confidential. The FCC denied the request.
After receiving a complaint, the Enforcement Bureau began investigating whether the station had aired indecent material on Feb. 6, 2003.
Entercom sent the commission a CD, and argued the Enforcement Bureau exceeded its authority by requiring the company to produce a recording of more programming than was referenced in the complaint.
The agency stated its confidentiality rules are meant to protect trade secrets and "a recording of material broadcast over the air does not qualify for confidential treatment under the commission's rules because it has already been openly disseminated to the public."