Brownback Shopping Indecency Legislation to Senators

The momentum for indecency legislation appears to be continuing in the 109th Congress, as several senators have agreed to co-sponsor a bill that would raise FCC fines for indecent TV and radio broadcasts, according to Sen. Brownback’s (R-Kan.) spokesman and another Senate source. Sens. McCain (R-Ariz.), Allen (R-Va.), Lieberman (D- Conn.), Hagel (R-Neb.), DeMint (R-S.C.), Graham (R-S.C.) and Santorum (R-Penn.) are planning to co-sponsor legislation from Brownback, who led last year’s efforts in the Senate to enact indecency legislation, the source said.

Brownback joins House Telecom Subcommittee Chmn. Upton (R-Mich.) in announcing intentions to reintroduce indecency legislation. Upton’s spokesman said he plans to introduce the bill after our deadline Tues. and Brownback’s spokesman said his bill would be introduced today (Wed.).

Brownback’s proposed bill appears much simpler than the bill that stalled in Congress last year. Like last year, Brownback proposes increasing FCC fines by a factor of 10. The FCC has raised its indecency fine from $27,500 to $32,500 to account for inflation, a Senate source said. Accordingly, Brownback’s bill would raise the fine to $325,000 per incident, with a maximum $3 million. The bill doesn’t include some controversial provisions from last year’s legislation, including: (1) Fines for individual performers. (2) A “3-strikes” rule that would subject broadcasters to license revocation hearings after 3 violations. (3) A “shot clock” for the FCC to evaluate and take action on a complaint. (4) A sense of Congress statement that NAB should renew its family viewing policy. (5) Other matters such as defining specific considerations the FCC can use in evaluating possible violations, and requirements that broadcasters cited for a violation run PSAs.

Upton’s spokesman said his bill would closely mirror the legislation passed last year by the House, which included many controversial provisions not addressed in Brownback’s current proposal.

After the Janet Jackson incident at last year’s Super Bowl, momentum for indecency legislation surged in Congress. The House overwhelmingly passed a fine-increase bill from Upton, but not before it raised fines to a $500,000 and added several of the aforementioned provisions. The bill passed the Senate Commerce Committee, but not before Sen. Dorgan (D-N.D.) added a media ownership amendment that was unacceptable to Republicans. Brownback attached the bill to Defense Dept. legislation, but it was removed in conference. Senate sources have said the bill failed after some senators expressed concerns about provisions such as the 3-strikes rule and application of fines to individual performers.