BROADCAST DECENCY AMENDMENT PROPOSED FOR DOD AUTHORIZATION BILL

Senators eager to move broadcast decency legislation may use the Defense Dept. authorization legislation (S-2400) as a vehicle to move a pared down version of the Senate bill, industry sources said. Senate sources confirmed that Sen. Brownback (R-Kan.), the broadcast decency bill (S-2056) sponsor, has proposed such an amendment to the DoD bill, but it’s unclear whether Brownback will push this amendment when it comes to the Senate floor next week. Due to the state funeral for President Ronald Reagan, Senate floor activity was canceled this week, but the DoD bill is expected to be considered next week.

Sources said the amendment would likely have a narrower focus that would raise fines for indecent broadcasts, but not include controversial amendments like one that would stall implementation of the FCC’s media ownership rules. There were several differences between S-2056 and a similar bill (HR-3717) that has passed the House. The most controversial difference was the ownership amendment, sponsored by Sens. Dorgan (D-N.D.) and Lott (R-Miss.), that would preserve the FCC’s old media ownership rules until the General Accounting Office conducted a study about how consolidation affects broadcast decency.

It’s unclear what fine structure the amendment would adopt. After originally proposing raising fines by a factor of 10 from the current $27,500 maximum FCC fine, the House and Senate eventually approved a fine structure that could lead to $500,000 penalties for broadcasters on their 3rd offense. The House and Senate bills have similar structures. But the Senate bill includes other measures that were controversial. The Committee approved a measure from Committee ranking Democrat Hollings (S.C.) that would create a “violence safe harbor” and allow the FCC to regulate violent content similarly to indecent content. Both bills include a provision that would allow the FCC to fine performers for on-air indecency.

Sources said the DoD authorization bill is often the target for amendments since it’s a “must pass” bill. Senate rules don’t require an amendment be “germane” to the bill, but sources said members often simplify amendments to avoid controversy. Sources also said they didn’t know how other influential senators, particularly Commerce Committee Chmn. McCain (R-Ariz.) and Appropriations Committee Chmn. Stevens (R-Alaska), would react to the bill. One industry source speculated that McCain could oppose the amendment because it strays outside of his committee’s jurisdiction.