On February 9, the House Energy and Commerce Committee approved, 46-2, the Broadcast Decency Enforcement Act (H.R. 310). Both the House and Senate considered the legislation last year, but no action was completed before the end of the 108th Congress (see The Source, 6/25/04).
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 $10,000 to $500,000 with no cap for a continuing violation. Violators of decency standards also could be required to air public service announcements that serve the educational and informational needs of children, in addition to paying the fines.
In an attempt to protect smaller network affiliates, H.R. 310 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 would not be allowed to renew their licenses.
H.R. 310 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, the committee rejected, by voice vote, two amendments offered by Rep. Jan Schakowsky (D-IL). One amendment would have struck the portion of the bill that increases the maximum fines for individual performers. The other amendment would have ensured that the FCC provided a single warning before imposing fines on performing artists for a decency violation.
