Debuting on KQRC in 1993, The Johnny Dare and Murphy Morning Show quickly grew in popularity and has since consistently topped the Arbitron ratings for its time slot.

As justification for proposing the maximum fine, the Commission noted "the egregious nature of the violations and Entercom's history of prior indecent broadcasts."

Entercom further argued that the FCC's definition of indecency was "unconstitutionally vague and overbroad" citing Reno v. ACLU and Ashcroft v. Free Speech Coalition.

The Commission said that the notion of contemporary standards is not different in different regions of the country, but reflects "an average broadcast listener" and isn't tied to "any particular geographic area.

The final incident specifically named in the FCC notice occurred on May 3, 2002 when Sunset Thomas, a pornographic actress, was "masturbated on-air to orgasm with a vibrator" with assistance from then show member T-Bone.