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Adelstein worried about indecency enforcement

FCC Commissioner Jonathan Adelstein told the NAB Radio Show in Dallas that he used to be able to tell broadcasters to look to past Commission decisions for guidance on the FCC's indecency standard, but he's not so sure anymore. "I'm a little confused myself, which is not good for you," he told the gathering of broadcasters. Adelstein said that when he came to the FCC "there was virtually no enforcement at all," but now he thinks the pendulum may have swung too far the other direction. "This is a big issue for Chairman Martin," said Robert McDowell, the newest Commissioner, who noted that he has yet to vote on an indecency case. He was careful not to tip his hand, saying that he was concerned about a "coarseness in society" which concerns him as a parent, but also said he was mindful of the need to balance that with the First Amendment. At the bottom line, he admitted to not being able to give the gathering any clarity on what is or is not indecent. "So basically, you have 40% of the FCC saying, essentially, I don't know," McDowell said.


Democrat Adelstein and Republican Robert McDowell were largely in agreement on broad issues facing broadcasters, but did split over whether the FCC needs to set public interest obligations now for new HD Radio multicast channels. When asked why the FCC has not yet approved rules for HD Radio, even though it has been deployed for years, Adelstein said the technical issues were pretty much resolved, but he wants rules to spell out public interest obligations for HD streams as well as the original channel. McDowell questioned whether any government mandate was yet needed, saying that public service may flourish on its own as broadcasters launch new programming services for their local communities. As moderator, NAB Joint Board Chairman and Bonneville CEO Bruce Reese commented that he had never been under the impression that broadcasters didn't already have public interest obligations for their HD Radio broadcasts.

On the hot issue of ownership rules, Adelstein hailed the upcoming series of cross-country hearings as a much-needed opportunity to get input from real people about the impact of FCC rules in their communities - something he insists was neglected the last time around, leading to a revolt by members of the public to the rules adopted by the FCC and now sent back by the federal courts for reworking. McDowell called it "probably the most sensational issue I'll face as a Commissioner" but didn't give any indication of his leanings on any major issues. Rather, he urged everyone to file comments in the FCC proceeding, even if they don't think their views are important. "It's very important for the future of the American and to every American," he said.




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