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February 26, 2004
Broadcast Decency Enforcement Act of 2004
Should Include Penalties for Networks
Washington, DC - Congressman Gene Green (D-Houston) gave the following remarks at this morning's Subcommittee on Telecommunications and the Internet hearing on H.R. 3717, the “Broadcast Decency Enforcement Act of 2004:
 
“Good Morning Chairman Upton and thank you for your patience and perseverance with this issue, on which we are holding our third Subcommittee hearing.  I look forward to our full Committee mark-up.
 
“Once again, I am proud to be a cosponsor of our legislation to increase indecency fines tenfold.
 
Welcome to our panel of witnesses who are helping us put together a full and complete record before Congress takes action on the sensitive issue of television and radio indecency.
 
We have all had plenty of chances to make our opinions on indecency known, but I want to state the most important questions in my view which are unanswered.
 
First, is the FCC’s indecency standard sufficiently clear in the eyes of the public and in the eyes of the TV and radio broadcasters, both large and small?
 
Second, if the standards are not clear, how can we make them clearer in the shortest possible time period?  
 
A media industry task force and a return to an industry Code of Conduct have been suggested as possible methods.  
 
We should be pleased that NBC, Clear Channel, and the National Association of Broadcasters have agreed to voluntary industry efforts.
 
Once we have the standards agreed upon, the next question is about the money.  If we are going to increase FCC indecency fines, who should pay these fines? 
 
After indecent incidents on the airwaves, we see a round of finger pointing and buck passing.  And I think affiliates have a very good case that they should not bear the bulk of the fines.
 
I have offered an amendment to indemnify affiliates from the amount H.R. 3717 adds to FCC indecency fines.

It seems self-evident that a local TV affiliate owner should not be on the hook for Super Bowl fines, as they are currently.
 
Since the FCC doesn’t levy fines on people who perform the indecency, then the next logical step is the network.
 
The FCC may have the authority to fine the actual person who commits indecency, but has never done so.  But then the networks have no incentive for time delays to edit indecency.  
 
These celebrities can afford a $275,000 fine; in fact, they might even consider it an investment in publicity.
 
If they feel at risk from renegade performance artists, then they can include a simple clause in their contracts with those performers.  A large radio station owner recently announced their intention to do just that with their disc jockeys.
 
Clearly networks are at risk from outbursts during awards shows, but networks have the best, centralized ability to edit their programming before it is beamed nationwide.  
 
Much better than requiring each affiliate across the country to edit the same word out over and over again.  
 
Chairman Upton, I thank you again for your work on this legislation and this hearing.
 
I look forward to hearing what we can do to make indecency standards clearer for the public and how we can route the fines towards those who deserve them.”
 
 
 

 

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