The Broadcast Decency Enforcement Act of 2005 (H.R. 310), would raise the maximum fine for a broadcaster, per violation, from $32,500 to $500,000, and would increase the penalty for a performer, also per violation, from $11,000 to $500,000. The bill also would give the Federal Communications Commission (FCC) more authority to revoke the licenses of repeat offenders.  The legislation does not pertain to cable and satellite television or radio. 

"Given the considerable influence television and radio have on millions of young people, it is important for television stations and performers to practice more vigilance in the material they choose to air. None of us will ever forget the stunt that occurred during last year's Super Bowl Halftime show, but with this legislation, stations and performers will finally be held accountable." 

This bill also requires the FCC to consider mitigating factors in the event penalties are imposed, including: whether the material uttered by the violator was live or recorded, scripted or unscripted; whether the violator had a reasonable opportunity to review recorded or scripted programming; or whether the time delay blocking mechanism was implemented for the programming; or the size of the viewing or listening audience.  

"I firmly believe that Congress' effort coupled with network presidents' more vigorous scrutiny of programming will work to curb objectionable content within programs," said Ross. "A fine of $27,500 may not do much to change the behavior of a broadcaster or entertainer who has millions, but I can assure you that half-a-million will."