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Collegiate Broadcasters, Inc.
CBI FCC Broadcast Indecency Info

FCC was actively cleaning out its backlog of indecency complaints in 2004 with links to recent actions. Why? Because of increased pressure from the hill after Bono's Golden Globe Awards incident and the now infamous Janet Jackson Superbowl Halftime Show "wardrobe malfunction."

CBI board members attended the recent "summit" to raise the concerns of its members. , CBI Elections Commissioner, wrote a paper summarizing the climate at the time, which is available for download here.

A report by The Center for Public Integrity suggests that the lack of FCC indecency action so far in 2005 can be traced primarily to the record fines and settlement agreements signed in 2004 by Clear Channel and Viacom. Read the full analysis here.

CBI will keep you updated on news about this on going issue:

Here is an Indecency primer from John Crigler of Garvey Schubert Barer. Our thanks to John for allowing us to use this document.


Here is a list of the most recent actions by the FCC.
3/14/2005

The Commission ruled that a November 2004 opening segment from ABC's "Monday Night Football" telecast-featuring a locker room encounter between the Philadelphia Eagles' Terrell Owens and actress Nicollette Sheridan from ABC's "Desperate Housewives" - was not indecent.
Press Release
Opinion and Order

2/28/2005

FCC ruled that "Saving Private Ryan" does not meet the standard for actionably indecent material despite the use of numerous expletives and other offensive language throughout the film.

Press Release
Opinion and Order

Also, the Commission denied indecency complaints filed by the Parents Television Council against episodes of three network television series. Although the specific facts of each are different, in general the Commission concluded that the programming was not sufficiently graphic or explicit to be "patently offensive."
Will & Grace (NBC)
Arrested Development (Fox)
Angel (WB)

1/24/2005

FCC dismissed 36 complaints by the Parents Television Council alleging that the various programs, aired between October 2001 and February 2004, contained segments of a sexually explicit nature or used indecent or profane language. Commissioners Copps and Martin dissented in part from the decisions, apparently believing that at least some of the programs required a more substantive review and analysis. Copps' opinions are included in the links below; Martin intends to issue a statement "at a later date."

Press Release
First Order
Second Order

12/22/04
FCC Proposes Maximum Forfeiture of $220,000 For Indecency Violations By Two Entercom Kansas Stations

Note that the Commission assessed the "maximum" under the old segment standard (4 segments X 2 stations X $27,500). Copps and Martin both argued for "per utterance," but the others declined, feeling that stations did not have notice of the newer standard at the time of the broadcasts. Judging from the transcripts in the NAL, per utterance probably would have easily rung up several million dollars.
Press Release
Notice of Apparent Liability

11/23/04

FCC and Viacom have entered into consent decree settling three pending NAL\'s and two pending Forfeiture Orders, along with various other complaints and letters of inquiry. Viacom agrees to make a record-setting $3.5 million "voluntary contribution" to the U.S. Treasury as part of the settlement.
Press Release
Order

Other actions released on this date:
WQAM-AM
Press Release
Notice of Apparent Liability

Fox Television Stations, "Keen Eddie" complaint denied
Press Release
Memorandum Opinion and Order

WRC-TV and other NBC affiliates, "Coupling" complaint denied
Press Release
Memorandum Opinion and Order

WBDC-TV and other WB affiliates, "Off Centre" complaint denied
Press Release
Memorandum Opinion and Order

10/12/04
FCC Issues $1.18 million Notice of Apparent Liability to Fox affiliates for 2003 "Married by America" episode
News Release
Notice of Apparent Liability

10/08/04
The legislation boosting the FCC's indecency fines and applying them to performers appears to be dead, at least for this Congress. Broadcasting & Cable magazine, citing Capitol Hill sources close to the conference committee working on the Department of Defense Authorization bill to which the proposal had been attached, reported today that it has been stripped from the bill Congress is trying to complete before adjourning Oct. 8.

The good news for broadcasters may be short-lived, however. Senator Sam Brownback (R-Kan.) is expected to reintroduce a stripped-down version of the bill in the next Congress.

9/22/04
FCC Proposes $550,000 Forfeiture Against Viacom-owned CBS Affiliates for Broadcast of Super Bowl Halftime Show
Press Release
Notice of Apparent Liability

6/9/04
FCC and Clear Channel Communications, Inc., Enter Into $1.75 Million Consent Decree Concerning Indecency Restrictions.
FCC Press Release
FCC Order

5/14/04Commission Affirms Forfeiture Against Entercom for Violations of Indency Rule.
FCC Press Release
FCC Order

4/8/04
Commission Proposes Statutory Maximum Fine of $495,000 Against Subsidiaries of Clear Channel Communications, Inc. for Apparent Multiple Violations of Indecency Rules.
FCC Press Release
FCC Notice Of Apparent Liability For Forfeiture

3/31/04
Remarks of FCC Chairman Powell at the NAB Indecency Summit,
Remarks of FCC Commissioner Michael J. Copps NAB Indecency Summit.

3/18/04
FCC Finds That Broadcast of "F-Word" During Golden Globe Awards Was Indecent and Profane.
FCC Press Release
FCC Order

FCC Proposes Statutory Maximum Forfeiture of $55,000 Against Capstar, a Subsidiary of Clear Channel, for Apparent Violations of Indecency Rule.
FCC Press Release
FCC Order

Commission Proposes Statutory Maximum Forfeiture of $27,500 Against Infinity for Apparent Indecency Violation.
FCC Press Release
FCC Order

FCC Affirms Forfeiture Against Infinity for Violation of Indecency Rule.
FCC Press Release
FCC Order

3/12/04
Commission Proposes Statutory Maximum Forfeiture of $247,500 Against Clear Channel Communications for Apparent Violations of Indecency Rule.
FCC Press Release
FCC Notice Of Apparent Liability For Forfeiture

3/5/04
Commission Summarily Rejects Infinity Petition for Reconsideration of Statutory Maximum Forfeiture Order for Indecency Violation.
FCC Press Release
FCC Memorandum Opinion & Order

2/12/04
Commissioner Abernathy's Testimony on Indecency.
Senate Testimony
House Testimony

Commissioner Adelstein's Testimony on Indecency.
Senate & House Testimony

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