Negotiators have reached an agreement on the indecency proposal a...

October 6, 2004 |Miscellaneous

Negotiators have reached an agreement on the indecency proposal attached to the Senate’s Defense Dept. authorization bill in conference, Senate sources said. The “3 strikes” rule is gone, sources said, but fines of up to $500,000 per incident remain, as does the authority for the FCC to fine individual artists up to $500,000 for obscene on-air remarks. Timelines for FCC action, annual FCC reports to Congress on indecency and a call for the NAB to reestablish a family viewing policy also remained in the amendment, which was pushed by Sen. Brownback (R- Kan.) on the Senate side. Senate sources said relevant House and Senate leaders were on board, including House Commerce Committee Chmn. Barton (R-Tex.), Committee ranking Democrat Dingell (Mich.) and Telecom Subcommittee Chmn. Upton (R-Mich.). Sources said provisions on media ownership from Sen. Dorgan (D-N.D.) and violence from Senate Commerce Committee ranking Democrat Hollings (S.C.) would be stripped from the bill. However, while sources said there was agreement, conferees have not voted on the issue. A Senate source said House leaders wouldn’t agree to a proposal that raised FCC indecency fines 10 times to $275,000, arguing that those fines were still too weak to deter large broadcasters. One House source said Clear Channel pushed Senate members to support only a fine increase and fought hard against the “3 strike” rule, which would let the FCC start license revocation hearings after 3 indecency violations. Sen. Ensign (R-Nev.) on Tues. took credit in a news release for negotiating the agreement. The Parents TV Council criticized Ensign on Tues. for asking Senate Armed Services Chmn. Warner (R- Va.) to support fine increases but remove other provisions from the amendment. Ensign said the amendment shouldn’t include controversial issues since it’s attached to the must-pass DoD Authorization bill. PTC said Ensign was trying to strip the decency provision and encouraged letters to him, Warner and other senators.