Several letters circulated in the Senate last week in opposition ...

Several letters circulated in the Senate last week in opposition to a proposed compromise on legislation to raise fines for indecent broadcasts. Industry and Senate sources said Sen. Brownback (R-Kan.)-- sponsor of Senate indecency legislation (S-2056) -- House Telecom Subcommittee Chmn. Upton (R-Mich.) and House Commerce Committee ranking Democrat Dingell (Mich.) were close to an agreement. The House passed Upton’s decency bill HR- 3717, but the Senate moved a modified version of Brownback’s bill as part of Defense Dept. authorization legislation, which is now in conference. The DoD indecency amendment compromise included a $500,000 fine for each violation, FCC authority to fine performers, an FCC deadline on indecency complaints, and several provisions that would allow the FCC to take indecency into consideration when reviewing licenses, including an automatic license revocation hearing for 3 indecency infractions. Sources said Sen. Ensign (R-Nev.) had concerns over provisions that give the FCC more leeway in taking indecency into account when reviewing licenses. An industry source, who called some of the provisions “one- strike” rules, said such provisions would add uncertainty to valuable broadcast licenses. Ensign wrote Senate Armed Services Chmn. Warner (R-Va.) and ranking Democrat Levin (Mich.) asking him to remove the amendment from the DoD bill. Ensign said the indecency amendment, and issues connected with it like media ownership and violence, were “presenting an unfortunate distraction to the important work we need to complete to combat terrorism, provide for our homeland defense, and provide quality-of-life improvements for members of the Armed Forces.” Ensign didn’t address his concerns about license reviews and revocations, but did say if the conference addresses indecency, only a fine increase should be included. Sen. Breaux (D-La.) also wrote Warner, saying the issue was a distraction from DoD legislation. Breaux said the provision to allow artists to be fined would “have a chilling impact on the creative process of individual artists and the entertainment industry at large.” Sens. Allen (R-Va.), Cornyn (R-Tex.), Fitzgerald (R-Ill.), Sununu (R-N.H.), Burns (R-Mont.) and Smith (R-Ore.) wrote Warner to request that only fine increases be addressed in the DoD bill. If the amendment went further, it should be dropped from the bill, the senators wrote.