On March 3, the House Energy and Commerce Committee approved, 49-1, the Broadcast Decency Enforcement Act (H.R. 3717). The Subcommittee on Telecommunications and the Internet held a hearing and a mark-up session on the bill shortly after a controversial incident during the Super Bowl halftime show (see The Source, 2/13/04). A second hearing took place on February 26 (see The Source, 2/26/04).
Sponsored by Rep. Fred Upton (R-MI), the measure would raise the Federal Communications Commission (FCC) fine for any incident of indecency from $27,500 to $500,000. The bill also would increase fines for individual performers from $11,000 to $500,000 with no cap for a continuing violation.
In an attempt to protect smaller network affiliates, H.R. 3717 would require the FCC to determine who created the programming and how much control the broadcaster had when the violation occurred. The bill also would require the FCC to take into account the violator’s ability to pay fines, based on market size and location and whether the violator is a company or an individual. Broadcasters with a series of infractions may not be allowed to renew their licenses.
H.R. 3717 would require the FCC to report annually on the number of complaints received and what actions were taken. The measure would institute a 180-day period for the FCC to make enforcement decisions.
During consideration of the bill, Rep. Jan Schakowsky (D-IL) argued that fines on individual performers would restrict their freedom of speech and offered an amendment to strike the provision. The amendment was rejected by voice vote.
The House is expected to consider H.R. 3717 as early as next week. The Senate Commerce, Science, and Transportation Committee will mark up the Senate version of the bill (S. 2056) on March 9.
