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 REMARKS  OF  FCC  COMMISSIONER  MICHAEL  J.  COPPS  NAB  INDECENCY  SUMMIT 
 WASHINGTON,  DC  MARCH  31,  2004 


 Thank  you  for  coming  and  being  a  part  of  what  could  be  and  should  be  the  beginning  of  real  and  measurable  progress  to  clean  up  Americas  airwaves.  I  have  been 
 urging  top-  level  industry  attention  to  indecency  for  a  long  time  and  I  hope  that  sustained,  results-  oriented  solutions  are  exactly  whats  on  your  mind. 


 Lets  begin  with  why  we  are  here  today.  We  are  here  because  millions  of  Americans  have  made  it  convincingly  clear  that  they  no  longer  will  tolerate  medias  race 
 to  the  bottom  when  it  comes  to  indecency  on  the  peoples  airwaves.  We  are  here  because  it  is  no  longer  possible  for  your  industry  or  the  Federal  Communications  Commission  to 
 duck  the  issue  with  impunity.  And  we  are  here  because  people  are  demanding  action  action  now. 


 The  issue  we  are  discussing  today  --  indecency  --  goes  right  to  the  heart  of  your  public  interest  responsibility  to  the  communities  you  serve  and  to  the  Commissions 
 obligation  to  enforce  the  law. 
 Every  day  when  I  boot  up  my  FCC  computer,  every  time  I  visit  a  town  or  city  anywhere  across  this  country  of  ours,  I  hear  the  peoples  concern:  we  are  fed  up,  they 
 say,  with  the  patently  offensive  programming  coming  our  way  so  much  of  the  time.  I  saw  the  peoples  anger  all  last  year  when  Commissioner  Adelstein  and  I  took  to  the  road 
 in  our  media  ownership  forums,  and  I  saw  it  again  over  the  past  few  months  as  all  the  Commissioners  were  in  Charlotte,  North  Carolina  and  San  Antonio,  Texas  for  hearings 
 on  localism  people  from  all  walks  of  life  and  every  political  persuasion  lined  up  to  express  their  frustration  their  anger  with  the  sex,  violence  and  profanity  that  pervades 
 so  much  of  our  media.  We  even  had  kids  stand  up  and  say  how  fed  up  they  are  with  the  programming  coming  their  way. 


 It  wasnt  the  Super  Bowl  that  started  all  this.  This  issue  has  been  at  the  grassroots  since  long  before  I  came  to  the  FCC,  and  anyone  who  thinks  it  was  just  one  or  two  recent 
 high  profile  incidents  that  got  it  going  has  missed  the  most  important  part  of  the  story.  About  the  only  place  where  the  Super  Bowl  had  a  galvanizing  effect  was  here  in 
 Washington,  particularly  at  the  FCC,  where  the  tired  old  arguments  I  have  been  hearing  for  the  past  three  years  were  finally  laid  to  rest  I  think.  If  people  dont  like  what 
 theyre  seeing,  they  can  just  turn  it  off,  I  was  told.  Are  we  supposed  to  just  turn  off  the  all-  American  Super  Bowl?  Another  refrain  I  had  been  hearing  was:  Let  the  V-  Chip 
 handle  it.  Dont  get  me  wrong,  I  like  the  V-  Chip.  But  it  was  irrelevant  that  Sunday  night.  How  do  you  warn  against  half-  time  shows  or  slimy  ads  or  sensation-  seeking 
 previews  of  coming  movie  and  television  attractions?  One  incident  seldom  sparks  a  revolution,  and  the  seeds  of  this  particular  revolution  have  been  building  and  have  been 
 painfully  obvious  for  a  long,  long  time. 
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 What  fueled  this  mad  race  to  the  bottom?  I  think  two  things.  One  is  that  some  chose  to  push  the  envelope  too  far.  Particularly  in  this  age  of  huge  media  conglomerates, 
 the  unforgiving  expectations  of  the  marketplace  have  more  influence  than  they  once  did  in  driving  media  behavior.  The  other  reason  every  bit  as  important  is  that  the 
 regulatory  commission  charged  with  keeping  this  race  from  happening  abdicated  its  enforcement  responsibilities  and  thereby  created  a  climate  wherein  indecency  could 
 flourish.  If  the  agency  charged  with  putting  the  brakes  on  has  no  credibility  with  those  who  are  programming  indecency  if  it  commands  no  respect  on  the  issue  because  it  runs 
 away  from  the  issue  is  it  any  wonder  that  the  envelope  gets  pushed  farther  and  farther  out? 


 I  believe  that,  as  a  society,  we  have  a  responsibility  to  protect  children  from  content  that  is  inappropriate  for  them.  And  when  it  comes  to  the  broadcast  media,  the 
 Federal  Communications  Commission  has  the  statutory  obligation  the  legal  mandate  to  protect  children  from  indecent,  profane  and  obscene  programming.  I  take  this 
 responsibility  with  utmost  seriousness.  I  am  supposed  to  take  it  with  utmost  seriousness  whether  I  agree  with  it  or  not  because  its  the  law. 


 The  process  by  which  the  FCC  has  enforced  these  laws  has  long  been  lax.  I  wont  detail  here  the  long  history  of  actions  not  taken,  program  complaints  ignored,  fines  not  imposed, 
 procedures  made  as  user-  unfriendly  as  they  could  be,  and  buck-  passing  in  the  decision-  making  process  that  together  constitute  the  Commissions  record  on  indecency.  We  werent  even  talking 
 the  talk  most  of  the  time,  leave  alone  walking  the  walk.  Now,  happily,  we  are  not  only  talking  the  talk,  but  actually  sending  up  some  signals  that  maybe  well  even  walk  the  walk  some  day 
 soon,  which  for  me  means  assessing  fines  that  go  beyond  the  normal  costs  of  doing  business  and,  more  importantly,  sending  some  of  the  more  outrageous  cases  to  administrative  hearings  for 
 possible  license  revocation. 
 I  want  you  to  know  exactly  where  I  stand.  I  am  encouraged  and  supportive  of  your  coming  together  today  to  talk  about  actions  you  can  take  to  solve  a  problem  that  most  of  you 


 now  seem  willing  to  recognize.  I  wish  you  nothing  but  success  as  you  tackle  this  problem.  But  while  you  meet  and  discuss  and  move  toward  I  hope  resolute  new  industry  policies  on  indecency, 
 I  am  going  to  be  pressing  my  colleagues  to  get  on  with  the  job  of  enforcing  the  statute,  using  all  the  ammunition  already  in  our  armory  and  also  putting  to  immediate  use  any  additional  arrows 
 that  Congress  may  provide  for  our  quiver.  Congress,  it  seems  clear,  intends  to  make  us  walk  the  enforcement  walk. 


 In  recent  Congressional  testimony,  I  laid  out  some  steps  we  could  take  at  the  Commission  to  carry  out  our  statutory  obligations.  These  include  using  our  full  authority,  including  license 
 revocation  hearings,  to  punish  those  who  violate  the  statute;  reforming  the  complaint  process  to  make  it  consumer-  friendly  and  also  to  make  decisions  more  quickly;  tackling  the  depiction  of 
 graphic  violence  that  has  become  such  a  pervasive  problem,  something  we  should  have  done  long  ago;  making  certain  that  affiliated  stations  have  the  right  to  preempt  programming  that  is  on 
 their  stations;  and  refusing  to  renew  the  licenses  of  those  who  wantonly  disserve  the  public  interest. 
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 Thats  what  I  see  for  me.  How  about  you?  I  hope  that  as  broadcasters  as  licensees  of  the  public  airwaves  you  will  also  take  action.  By  taking  more 
 responsibility  for  what  is  broadcast,  particularly  when  children  are  likely  to  be  watching,  you  would  make  a  huge  contribution  to  our  kids  and  to  our  society.  From  the  day  I 
 arrived  at  the  Commission,  I  have  been  talking  about  how  broadcasters  could  voluntarily  tackle  the  issues  of  indecent,  profane  and  violent  programming.  Many  of  you  remember 
 the  old  Codes  of  Broadcaster  Conduct.  Through  enlightened  self-  regulation,  the  industry  clamped  restrictions  on  the  presentations  of  sexual  material,  violence,  liquor,  drug 
 addiction,  even  on  excessive  advertising.  The  Codes  also  affirmed  broadcaster  responsibilities  toward  children,  community  issues,  and  public  affairs.  It  didnt  always 
 work  perfectly;  Im  not  saying  it  was  some  golden  age;  but  it  was  at  least  a  serious  effort  premised  on  the  idea  that  we  can  be  well  entertained  at  levels  several  cuts  above  the 
 lowest  common  denominator  that  now  dictates  so  much  programming.  It  is  time  for  a  tough  new  code.  And  the  code  Id  like  to  see  is  not  some  bland  statement  of  general 
 principles,  but  something  explicit  and  including  incentives  to  encourage  compliance. 


 I  believe  the  industry  could  come  together  and  craft  a  new  code,  perfectly  able  to  pass  court  muster,  and  one  that  would  serve  the  needs  of  businesses  as  well  as  those  of 
 concerned  families.  Some  other  ideas:  broadcasters  could  commit  to  family  hours  during  prime  time.  More  diversity  in  program-  development  and  program-  sourcing  could  also 
 help  that  means  more  independently-  produced  programs.  And  you  need  to  include  in  your  deliberations  what  public  interest  standards  you  think  appropriate  for  the  new  world 
 of  multi-  casting  that  digital  television  is  already  beginning  to  bring  us.  These  are  just  a  few  suggestions;  I  am  certain  you  can  come  up  with  many  more. 


 Successful  resolution  of  the  indecency  issues  must  in  the  end  include  cable  and  satellite.  Eighty-  five  percent  of  homes  get  their  television  signals  from  cable  or  satellite. 
 Most  viewers,  particularly  children,  dont  recognize  the  difference  as  they  flip  channels  between  broadcast  stations  and  cable  channels.  Because  cable  and  satellite  are  so 
 pervasive,  there  is  a  compelling  government  interest  in  addressing  indecency  when  children  are  watching.  Indeed,  the  courts  have  already  applied  this  to  cable.  And  lets 
 not  forget  that  cable  and  DBS  make  liberal  use  of  the  peoples  spectrum  too  and  this  incurs  an  obligation  to  serve  the  public  interest.  Cable  could  also  explore  such  options  as 
 offering  a  family  tier  so  that  families  dont  need  to  receive  channels  like  MTV  in  order  to  get  the  Disney  Channel.  Commissioner  Martin  has  made  positive  suggestions  on  this. 
 Cable  could  also  make  sure  that  family  channels  offer  all  family-  friendly  programming.  One  other  suggestion:  Have  Eddie  Fritts  call  up  Bob  Sachs  and  invite  him  and  his  CEOs 
 to  a  more  inclusive  industry  summit  on  indecency. 


 The  proof  of  your  efforts  will  not  be  that  you  have  begun  a  dialogue  or  put  together  a  task  force.  Or  even  that  you  have  crafted  a  program.  No,  the  final  judgment 
 here  will  be  rendered  by  the  American  people  and  will  be  based  on  what  they  actually  see  on  their  televisions  and  hear  on  their  radios.  Anyone  in  industry  or  at  the  Commission 
 who  thinks  they  can  politick  this  problem  for  a  few  months  and  it  will  magically  disappear  needs  to  crawl  out  of  his  or  her  cocoon.  Nor  will  returning  to  lax  enforcement 
 after  a  few  months  pass  muster  with  our  citizens.  Industry  and  the  Commission  will  get 
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 passing  grades  here  only  insofar  as  the  airwaves  really  are  cleaned  up  and  kept  clean.  If  that  doesnt  happen,  this  issue  is  not  going  away. 
 Let  me  urge  you  also  to  cast  your  net  widely  as  you  develop  a  program.  A  grassroots  issue  merits  indeed  compels  grassroots  input.  If  this  was  an  inside-  the-Beltway 
 issue,  we  wouldnt  be  here  today.  Open  your  doors,  let  the  sun  shine  in,  reach  out  and  talk  to  those  who  you  want  to  see  and  hear  your  programs.  Youll  have  a  better 
 product  by  far  if  you  do  this. 
 My  challenge  to  you  is  to  put  the  FCC  on  the  enforcement  sidelines  by  eliminating  indecency  on  the  airwaves.  My  challenge  to  my  colleagues  at  the 
 Commission  is  to  make  enforcement  credible  enough  so  that  industry  will  do  what  it  should  have  been  doing  all  along. 


 Yours  is  a  proud  and  special  industry,  about  as  special  as  they  get.  Youre  not  a  toaster  with  pictures.  You  are  stewards  of  a  precious  national  resource,  charged  to 
 advance  the  public  interest  in  exchange  for  the  right  to  use  that  resource.  What  you  do  affects  profoundly  the  future  of  our  kids  and  the  future  of  our  country.  I  know  many  of 
 you  personally,  and  as  I  meet  and  talk  with  you,  I  am  impressed  so  often  to  see  the  flame  of  the  public  interest  still  burning.  Sometimes  it  flickers  for  want  of  oxygen,  particularly 
 in  the  new  media  environment  in  which  we  live.  That  new  environment  explains  a  lot,  but  it  excuses  nothing.  And  I  am  here  today  to  ask  you  to  breathe  the  clean  fresh  air  of 
 citizen  concern  and  common  sense  on  that  flickering  flame.  Passing  our  airwaves  on  to  the  next  generation  in  better  shape  than  we  found  them  is  your  job  and  my  job,  and  how 
 you  and  I,  in  our  individual  ways,  handle  the  matter  before  us  today  will  provide  ample  opportunity  for  people  to  judge  the  success  of  our  stewardship.  They  are  watching  and 
 they  are  judging  right  now. 
 Thank  you  and  good  luck. 
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