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Reps of the indecency warpath

Republicans and Democrats alike are tearing it up in the House of Representatives on the topic of indecency. They have a bill on the table which would increase the FCC's indecency fining capacity tenfold, and are considering a three-strikes provision which could lead to automatic license revocations for repeat offenders.

Rep. Fred Upton, Chair of the Telecommunications and the Internet Subcommittee, noted that we're seeing broadcaster behavior improvements from the mere threat of his bill, H.R. 3717, which he has co-sponsored with Ed Markey (D-MA, John Dingell (D-MI and Commerce Committee Chair Billy Tauzin (R-LA). He noted increased use of tape delays and cuts made from some scripted TV programs to avoid inciting more viewer, legislative and regulatory wrath.

Several members, including Ranking Member Markey, noted that FCC enforcement has mostly been inadequate. They looked at 2002 figures: 14K citizen complaints about 389 separate programs resulting in seven NALs (notices of apparent liability); and 2003 figures: 240K complaints about 375 separate programs resulting in only three NALs.

Several members objected to violent programming. Also criticized was the perceived difficulty for local station owners to reject network programming, and increased ownership consolidation, which some think may be tied to coarsened programming fare.

RBR observation:

In his opening remarks, Dingell said, "Broadcasting is an industry that has failed to control itself." Whether that's true or not, broadcasters had better brace themselves, because Dingell's comment is representative of the overwhelming sentiment in Washington. We think there is no question that new controls and/or sanctions are coming.