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The Broadcast Decency Enforcement Act of 2004

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The Broadcast Decency Enforcement Act of 2004 THE BROADCAST DECENCY ENFORCEMENT ACT OF 2004 HEARINGS BEFORE THE SUBCOMMITTEE ON TELECOMMUNICATIONS AND THE INTERNET OF THE COMMITTEE ON ENERGY AND COMMERCE HOUSE OF REPRESENTATIVES ONE HUNDRED EIGHTH CONGRESS SECOND SESSION ON H.R. 3717 FEBRUARY 11 and 26, 2004 Serial No. 108–68 Printed for the use of the Committee on Energy and Commerce ( Available via the World Wide Web: http://www.access.gpo.gov/congress/house U.S. GOVERNMENT PRINTING OFFICE 92–537PDF WASHINGTON : 2004 For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: toll free (866) 512–1800; DC area (202) 512–1800 Fax: (202) 512–2250 Mail: Stop SSOP, Washington, DC 20402–0001 VerDate 11-MAY-2000 12:56 Apr 22, 2004 Jkt 000000 PO 00000 Frm 00001 Fmt 5011 Sfmt 5011 92537.TXT HCOM1 PsN: HCOM1 COMMITTEE ON ENERGY AND COMMERCE W.J. ‘‘BILLY’’ TAUZIN, Louisiana, Chairman RALPH M. HALL, Texas JOHN D. DINGELL, Michigan MICHAEL BILIRAKIS, Florida Ranking Member JOE BARTON, Texas HENRY A. WAXMAN, California FRED UPTON, Michigan EDWARD J. MARKEY, Massachusetts CLIFF STEARNS, Florida RICK BOUCHER, Virginia PAUL E. GILLMOR, Ohio EDOLPHUS TOWNS, New York JAMES C. GREENWOOD, Pennsylvania FRANK PALLONE, Jr., New Jersey CHRISTOPHER COX, California SHERROD BROWN, Ohio NATHAN DEAL, Georgia BART GORDON, Tennessee RICHARD BURR, North Carolina PETER DEUTSCH, Florida Vice Chairman BOBBY L. RUSH, Illinois ED WHITFIELD, Kentucky ANNA G. ESHOO, California CHARLIE NORWOOD, Georgia BART STUPAK, Michigan BARBARA CUBIN, Wyoming ELIOT L. ENGEL, New York JOHN SHIMKUS, Illinois ALBERT R. WYNN, Maryland HEATHER WILSON, New Mexico GENE GREEN, Texas JOHN B. SHADEGG, Arizona KAREN MCCARTHY, Missouri CHARLES W. ‘‘CHIP’’ PICKERING, TED STRICKLAND, Ohio Mississippi DIANA DEGETTE, Colorado VITO FOSSELLA, New York LOIS CAPPS, California STEVE BUYER, Indiana MICHAEL F. DOYLE, Pennsylvania GEORGE RADANOVICH, California CHRISTOPHER JOHN, Louisiana CHARLES F. BASS, New Hampshire TOM ALLEN, Maine JOSEPH R. PITTS, Pennsylvania JIM DAVIS, Florida MARY BONO, California JANICE D. SCHAKOWSKY, Illinois GREG WALDEN, Oregon HILDA L. SOLIS, California LEE TERRY, Nebraska CHARLES A. GONZALEZ, Texas MIKE FERGUSON, New Jersey MIKE ROGERS, Michigan DARRELL E. ISSA, California C.L. ‘‘BUTCH’’ OTTER, Idaho JOHN SULLIVAN, Oklahoma DAN R. BROUILLETTE, Staff Director JAMES D. BARNETTE, General Counsel REID P.F. STUNTZ, Minority Staff Director and Chief Counsel SUBCOMMITTEE ON TELECOMMUNICATIONS AND THE INTERNET FRED UPTON, Michigan, Chairman MICHAEL BILIRAKIS, Florida EDWARD J. MARKEY, Massachusetts JOE BARTON, Texas Ranking Member CLIFF STEARNS, Florida BOBBY L. RUSH, Illinois Vice Chairman KAREN MCCARTHY, Missouri PAUL E. GILLMOR, Ohio MICHAEL F. DOYLE, Pennsylvania CHRISTOPHER COX, California JIM DAVIS, Florida NATHAN DEAL, Georgia RICK BOUCHER, Virginia ED WHITFIELD, Kentucky EDOLPHUS TOWNS, New York BARBARA CUBIN, Wyoming BART GORDON, Tennessee JOHN SHIMKUS, Illinois PETER DEUTSCH, Florida HEATHER WILSON, New Mexico ANNA G. ESHOO, California CHARLES W. ‘‘CHIP’’ PICKERING, BART STUPAK, Michigan Mississippi ELIOT L. ENGEL, New York VITO FOSSELLA, New York ALBERT R. WYNN, Maryland CHARLES F. BASS, New Hampshire GENE GREEN, Texas MARY BONO, California JOHN D. DINGELL, Michigan, GREG WALDEN, Oregon (Ex Officio) LEE TERRY, Nebraska W.J. ‘‘BILLY’’ TAUZIN, Louisiana (Ex Officio) (II) VerDate 11-MAY-2000 12:56 Apr 22, 2004 Jkt 000000 PO 00000 Frm 00002 Fmt 6011 Sfmt 0486 92537.TXT HCOM1 PsN: HCOM1 C O N T E N T S Page Hearings held: February 11, 2004 ............................................................................................ 1 February 26, 2004 ............................................................................................ 179 Testimony of: Abernathy, Hon. Kathleen Q., Commissioner, Federal Communications Commission ................................................................................................... 93 Adelstein, Hon. Jonathan S., Commissioner, Federal Communications Commission ................................................................................................... 97 Berman, Gail, President of Entertainment, Fox Broadcasting Company .... 200 Copps, Hon. Michael J., Commissioner, Federal Communications Com- mission ........................................................................................................... 101 Hogan, John, President and Chief Executive Officer, Clear Channel Radio .............................................................................................................. 212 Karmazin, Mel, President and Chief Operating Officer, Viacom, Inc .......... 37 Martin, Hon. Kevin J., Commissioner, Federal Communications Commis- sion ................................................................................................................. 83 Pappas, Harry J., Chairman and Chief Executive Officer, Pappas Tele- casting Companies ........................................................................................ 217 Paxson, Lowell W. ‘‘Bud’’, Chairman and CEO, Paxson Communications Corporation .................................................................................................... 210 Powell, Hon. Michael K., Chairman, Federal Communications Commis- sion ................................................................................................................. 78 Tagliabue, Paul, Commissioner, National Football League .......................... 29 Wallau, Alex, President, ABC Television Network ........................................ 197 Wurtzel, Alan, President, Research and Media Development, National Broadcasting Company ................................................................................. 205 Material submitted for the record by: Network Affiliated Stations Alliance, letter dated March 11, 2004, to Hon. Fred Upton and Hon. Edward J. Markey .......................................... 252 Powell, Hon. Michael K., Chairman, Federal Communications Commis- sion, response for the record ........................................................................ 138 The Best of the Best, white paper entitled ..................................................... 140 Vaughn, Patrick J., General Counsel, American Family Association, Inc., prepared statement of ................................................................................... 170 (III) VerDate 11-MAY-2000 12:56 Apr 22, 2004 Jkt 000000 PO 00000 Frm 00003 Fmt 0486 Sfmt 0486 92537.TXT HCOM1 PsN: HCOM1 VerDate 11-MAY-2000 12:56 Apr 22, 2004 Jkt 000000 PO 00000 Frm 00004 Fmt 0486 Sfmt 0486 92537.TXT HCOM1 PsN: HCOM1 THE BROADCAST DECENCY ENFORCEMENT ACT OF 2004 WEDNESDAY, FEBRUARY 11, 2004 HOUSE OF REPRESENTATIVES, COMMITTEE ON ENERGY AND COMMERCE, SUBCOMMITTEE ON TELECOMMUNICATIONS AND THE INTERNET, Washington, DC. The subcommittee met, pursuant to notice, at 10:30 a.m., in room 2123, Rayburn House Office Building, Hon. Fred Upton (chairman) presiding. Members present: Representatives Upton, Bilirakis, Barton, Stearns, Gillmor, Cox, Deal, Whitfield, Cubin, Shimkus, Wilson, Pickering, Bono, Walden, Terry, Markey, Rush, McCarthy, Doyle, Davis, Towns, Eshoo, Stupak, Engel, Wynn, Green, and Dingell (ex officio). Also present: Representatives Gonzales, Solis, and Norwood. Staff present: Kelly Zerzan, majority counsel; Neil Fried, major- ity counsel; Will Nordwind, majority counsel and policy coordinator; Jaylyn Jensen, majority professional staff; William Carty, legisla- tive clerk; Gregg Rothschild, minority counsel; and Peter Filon, mi- nority counsel. Mr. UPTON. Good morning, everyone. I know on our side of the aisle we have a mandatory Republican conference and I think I saw everybody at least so far here check in. They didn’t check us when we left, so that was—other members, I know will be here. Today, we’re going to be examining a bill that I’ve introduced along with Mr. Markey, Mr. Tauzin and Mr. Dingell, to greatly strengthen the FCC’s enforcement of broadcast indecency laws. Let me start by saying what, in my view, today’s hearing is about and what it is not about. Mainly what today is about is listening and responding to the American people’s concern and understandable clamor for decency. Well before the Super Bowl episode, many Americans were fed up with all the too frequent flouting of common decency over our public airwaves. As a member representing a Midwestern District that typifies the heart and soul of this country I have been swamped, thousands of letters and e-mails from folks downright desperate and frus- trated that the government has not adequately used its authority to rein in broadcast indecency. In one letter, a frustrated mom wrote, ‘‘I’m a single mom trying to raise a daughter and I cannot believe that it is nearly impossible for us to watch TV even sporting events or listen to most radio sta- tions either without being exposed to indecent material.’’ (1) VerDate 11-MAY-2000 12:56 Apr 22, 2004 Jkt 000000 PO 00000 Frm 00005 Fmt 6633 Sfmt 6633 92537.TXT HCOM1 PsN: HCOM1 2 As I said at our hearing 2 weeks ago, I believe that some TV broadcasters are engaged in a race to the bottom, pushing the de- cency envelope in order to distinguish themselves in an increas- ingly crowded entertainment field. Today, we’ll consider H.R. 3717, a bill to increase the penalties which the FCC can impose by tenfold. It’s a tough bill which, if en- acted, would help clean up our airwaves. Even the mere introduc- tion of this bill is already forcing the broadcasters to be more re- sponsible. The marketplace
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