Senate OKs large increase in fines for broadcast indecency

By Tom Strode - May 15, 2006

The Senate has joined the House of Representatives in supporting hefty increases in fines for indecency on radio and television.

The Senate approved May 18 the Broadcast Decency Enforcement Act, which would require a ten-fold increase in fines for broadcast indecency. The bill, which passed the Senate by unanimous consent, would increase the maximum federal fine for each broadcast violation from $32,500 to $325,000. Differences between the Senate-approved bill and an even more stringent measure passed last year by the House will have to be worked out before Congress can provide final passage.

In February 2005, the House passed its version in a 389-38 vote. The House measure would: (1) Increase the maximum fine per violation by the Federal Communications Commission to $500,000; (2) raise the top penalty for an intentional violation by a performer or network from $11,000 to $500,000; (3) mandate a license revocation hearing for a station after a third violation, and (4) require the FCC to act on indecency complaints within 180 days.

The Senate bill, S. 193, appeared to be mired in a committee before Majority Leader Bill Frist of Tennessee used a parliamentary maneuver to gain its passage. The procedure enabled Frist to bring it directly to the floor without committee approval. Although any senator could have blocked passage by objecting, none did.

In 2004, both houses overwhelmingly approved bills increasing indecency fines, but differences could not be worked out, causing the measures to die when Congress adjourned.

Supporters of the legislation believe increasing the fines will work to reduce television and radio programming considered indecent by FCC guidelines.

Neither bill would directly affect cable or satellite programming. The FCC has the authority to regulate only broadcast radio and television. On TV, that includes such networks as ABC, CBS, NBC and Fox.

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