II 
Calendar No. 17
109TH CONGRESS 
1ST SESSION 
H. R. 310
IN THE SENATE OF THE UNITED STATES 
FEBRUARY 16, 2005
Received 
FEBRUARY 17, 2005
Read the first time 
FEBRUARY 18, 2005
Read the second time and placed on the calendar 
AN ACT 
To increase the penalties for violations by television and 
radio broadcasters of the prohibitions against trans-
mission of obscene, indecent, and profane material, and 
for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Broadcast Decency 
Enforcement Act of 2005’’.
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SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, 
AND PROFANE BROADCASTS. 
Section 503(b)(2) of the Communications Act of 
1934 (47 U.S.C. 503(b)(2)) is amended—
(1) by redesignating subparagraphs (C) and 
(D) as subparagraphs (D) and (E), respectively; 
(2) by inserting after subparagraph (B) the fol-
lowing new subparagraph: 
‘‘(C) Notwithstanding subparagraph (A), if the viola-
tor is (i) a broadcast station licensee or permittee, or (ii) 
an applicant for any broadcast license, permit, certificate, 
or other instrument or authorization issued by the Com-
mission, and the violator is determined by the Commission 
under paragraph (1) to have broadcast obscene, indecent, 
or profane material, the amount of any forfeiture penalty 
determined under this section shall not exceed $500,000 
for each violation.’’; and 
(3) in subparagraph (D), as redesignated by 
paragraph (1) of this subsection—
(A) by striking ‘‘subparagraph (A) or (B)’’ 
and inserting ‘‘subparagraph (A), (B), or (C)’’; 
and 
(B) by adding at the end the following: 
‘‘Notwithstanding the preceding sentence, if the 
violator is determined by the Commission under 
paragraph (1) to have uttered obscene, inde-
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cent, or profane material (and the case is not 
covered by subparagraph (A), (B), or (C)), the 
amount of any forfeiture penalty determined 
under this section shall not exceed $500,000 for 
each violation.’’. 
SEC. 3. ADDITIONAL FACTORS IN INDECENCY PENALTIES; 
EXCEPTION. 
Section 503(b)(2) of the Communications Act of 
1934 (47 U.S.C. 503(b)(2)) is further amended by adding 
at the end (after subparagraph (E) as redesignated by sec-
tion 2(1) of this Act) the following new subparagraphs: 
‘‘(F) In the case of a violation in which the violator 
is determined by the Commission under paragraph (1) to 
have uttered obscene, indecent, or profane material, the 
Commission shall take into account, in addition to the 
matters described in subparagraph (E), the following fac-
tors: 
‘‘(i) With respect to the degree of culpability of 
the violator, the following: 
‘‘(I) whether the material uttered by the 
violator was live or recorded, scripted or 
unscripted; 
‘‘(II) whether the violator had a reasonable 
opportunity to review recorded or scripted pro-
gramming or had a reasonable basis to believe
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live or unscripted programming may contain ob-
scene, indecent, or profane material; 
‘‘(III) if the violator originated live or 
unscripted programming, whether a time delay 
blocking mechanism was implemented for the 
programming; 
‘‘(IV) the size of the viewing or listening 
audience of the programming; and 
‘‘(V) whether the programming was part of 
a children’s television program as described in 
the Commission’s children’s television program-
ming policy (47 CFR 73.4050(c)). 
‘‘(ii) With respect to the violator’s ability to 
pay, the following: 
‘‘(I) whether the violator is a company or 
individual; 
‘‘(II) if the violator is a company, the size 
of the company and the size of the market 
served; and 
‘‘(III) if the violator is an individual, the 
financial impact of a forfeiture penalty on that 
individual.
‘‘(G) A broadcast station licensee or permittee that 
receives programming from a network organization, but 
that is not owned or controlled, or under common owner-
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ship or control with, such network organization, shall not 
be subject to a forfeiture penalty under this subsection for 
broadcasting obscene, indecent, or profane material, if—
‘‘(i) such material was within live or recorded 
programming provided by the network organization 
to the licensee or permittee; and 
‘‘(ii)(I) the programming was recorded or 
scripted, and the licensee or permittee was not given 
a reasonable opportunity to review the programming 
in advance; or 
‘‘(II) the programming was live or unscripted, 
and the licensee or permittee had no reasonable 
basis to believe the programming would contain ob-
scene, indecent, or profane material. 
The Commission shall by rule define the term ‘network 
organization’ for purposes of this subparagraph.’’. 
SEC. 4. INDECENCY PENALTIES FOR NONLICENSEES. 
Section 503(b)(5) of the Communications Act of 
1934 (47 U.S.C. 503(b)(5)) is amended—
(1) by redesignating subparagraphs (A), (B), 
and (C) as clauses (i), (ii), and (iii), respectively; 
(2) by inserting ‘‘(A)’’ after ‘‘(5)’’; 
(3) by redesignating the second sentence as 
subparagraph (B); 
(4) in such subparagraph (B) as redesignated—
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(A) by striking ‘‘The provisions of this 
paragraph shall not apply, however,’’ and in-
serting ‘‘The provisions of subparagraph (A) 
shall not apply (i)’’; 
(B) by striking ‘‘operator, if the person’’ 
and inserting ‘‘operator, (ii) if the person’’; 
(C) by striking ‘‘or in the case of’’ and in-
serting ‘‘(iii) in the case of’’; and 
(D) by inserting after ‘‘that tower’’ the fol-
lowing: ‘‘, or (iv) in the case of a determination 
that a person uttered obscene, indecent, or pro-
fane material that was broadcast by a broadcast 
station licensee or permittee, if the person is 
determined to have willfully and intentionally 
made the utterance, knowing or having reason 
to know that the utterance would be broad-
cast’’; and 
(5) by redesignating the last sentence as sub-
paragraph (C). 
SEC. 5. DEADLINES FOR ACTION ON COMPLAINTS. 
Section 503(b) of the Communications Act of 1934 
(47 U.S.C. 503(b)) is amended by adding at the end there-
of the following new paragraph:
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‘‘(7) In the case of an allegation concerning the utter-
ance of obscene, indecent, or profane material that is 
broadcast by a station licensee or permittee—
‘‘(A) within 180 days after the date of the re-
ceipt of such allegation, the Commission shall—
‘‘(i) issue the required notice under para-
graph (3) to such licensee or permittee or the 
person making such utterance; 
‘‘(ii) issue a notice of apparent liability to 
such licensee or permittee or person in accord-
ance with paragraph (4); or 
‘‘(iii) notify such licensee, permittee, or 
person in writing, and any person submitting 
such allegation in writing or by general publica-
tion, that the Commission has determined not 
to issue either such notice; and 
‘‘(B) if the Commission issues such notice and 
such licensee, permittee, or person has not paid a 
penalty or entered into a settlement with the Com-
mission, within 270 days after the date of the re-
ceipt of such allegation, the Commission shall—
‘‘(i) issue an order imposing a forfeiture 
penalty; or 
‘‘(ii) notify such licensee, permittee, or per-
son in writing, and any person submitting such
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allegation in writing or by general publication, 
that the Commission has determined not to 
issue either such order.’’. 
SEC. 6. ADDITIONAL REMEDIES FOR INDECENT BROAD-
CAST. 
Section 503 of the Communications Act of 1934 (47 
U.S.C. 503) is further amended by adding at the end the 
following new subsection: 
‘‘(c) ADDITIONAL REMEDIES FOR INDECENT BROAD-
CASTING.—In any proceeding under this section in which 
the Commission determines that any broadcast station li-
censee or permittee has broadcast obscene, indecent, or 
profane material, the Commission may, in addition to im-
posing a penalty under this section, require the licensee 
or permittee to broadcast public service announcements 
that serve the educational and informational needs of chil-
dren. Such announcements may be required to reach an 
audience that is up to 5 times the size of the audience 
that is estimated to have been reached by the obscene, in-
decent, or profane material, as determined in accordance 
with regulations prescribed by the Commission.’’. 
SEC. 7. LICENSE DISQUALIFICATION FOR VIOLATIONS OF 
INDECENCY PROHIBITIONS. 
Section 503 of the Communications Act of 1934 (47 
U.S.C. 503) is further amended by adding at the end
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(after subsection (c) as added by section 6) the following 
new subsection: 
‘‘(d) CONSIDERATION
OF LICENSE DISQUALIFICA-
TION FOR VIOLATIONS OF INDECENCY PROHIBITIONS.—
If the Commission issues a notice under paragraph (3) 
or (4) of subsection (b) to a broadcast station licensee or 
permittee looking toward the imposition of a forfeiture 
penalty under this Act based on an allegation that the li-
censee or permittee broadcast obscene, indecent, or pro-
fane material, and either—
‘‘(1) such forfeiture penalty has been paid, or 
‘‘(2) a court of competent jurisdiction has or-
dered payment of such forfeiture penalty, and such 
order has become final, 
then the Commission shall, in any subsequent proceeding 
under section 308(b) or 310(d), take into consideration 
whether the broadcast of such material demonstrates a 
lack of character or other qualifications required to oper-
ate a station.’’. 
SEC. 8. LICENSE RENEWAL CONSIDERATION OF VIOLA-
TIONS OF INDECENCY PROHIBITIONS. 
Section 309(k) of the Communications Act of 1934 
(47 U.S.C. 309(k)) is amended by adding at the end the 
following new paragraph:
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‘‘(5) LICENSE
RENEWAL
CONSIDERATION
OF 
VIOLATIONS OF INDECENCY PROHIBITIONS.—If the 
Commission has issued a notice under paragraph (3) 
or (4) of section 503(b) to a broadcast station li-
censee or permittee with respect to a broadcast sta-
tion looking toward the imposition of a forfeiture 
penalty under this Act based on an allegation that 
such broadcast station broadcast obscene, indecent, 
or profane material, and—
‘‘(A) such forfeiture penalty has been paid, 
or 
‘‘(B) a court of competent jurisdiction has 
ordered payment of such forfeiture penalty, and 
such order has become final, 
then such violation shall be treated as a serious vio-
lation for purposes of paragraph (1)(B) of this sub-
section with respect to the renewal of the license or 
permit for such station.’’. 
SEC. 9. LICENSE REVOCATION FOR VIOLATIONS OF INDE-
CENCY PROHIBITIONS. 
Section 312 of the Communications Act of 1934 (47 
U.S.C. 312) is amended by adding at the end the following 
new subsection: 
‘‘(h) LICENSE REVOCATION FOR VIOLATIONS OF IN-
DECENCY PROHIBITIONS.—
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‘‘(1) CONSEQUENCES
OF
MULTIPLE
VIOLA-
TIONS.—If, in each of 3 or more proceedings during 
the term of any broadcast license, the Commission 
issues a notice under paragraph (3) or (4) of section 
503(b) to a broadcast station licensee or permittee 
with respect to a broadcast station looking toward 
the imposition of a forfeiture penalty under this Act 
based on an allegation that such broadcast station 
broadcast obscene, indecent, or profane material, 
and in each such proceeding either—
‘‘(A) such forfeiture penalty has been paid, 
or 
‘‘(B) a court of competent jurisdiction has 
ordered payment of such forfeiture penalty, and 
such order has become final, 
then the Commission shall commence a proceeding 
under subsection (a) of this section to consider 
whether the Commission should revoke the station li-
cense or construction permit of that licensee or per-
mittee for such station. 
‘‘(2) PRESERVATION OF AUTHORITY.—Nothing 
in this subsection shall be construed to limit the au-
thority of the Commission to commence a proceeding 
under subsection (a).’’.
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SEC. 10. REQUIRED CONTENTS OF ANNUAL REPORTS OF 
THE COMMISSION. 
(a) REQUIRED CONTENTS.—Each calendar year be-
ginning after the date of enactment of this Act, the Fed-
eral Communications Commission shall submit to the Con-
gress an annual report that includes the following: 
(1) The number of complaints received by the 
Commission during the years covered by the report 
alleging that a broadcast contained obscene, inde-
cent, or profane material, and the number of pro-
grams to which such complaints relate. 
(2) The number of those complaints that have 
been dismissed or denied by the Commission. 
(3) The number of complaints that have re-
mained pending at the end of the years covered by 
the annual report. 
(4) The number of notices issued by the Com-
mission under paragraph (3) or (4) of section 503(b) 
of the Communications Act of 1934 (47 U.S.C. 
503(b)) during the years covered by the report to 
enforce the statutes, rules, and policies prohibiting 
the broadcasting of obscene, indecent, or profane 
material. 
(5) For each such notice, a statement of—
(A) the amount of the proposed forfeiture;
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(B) the program, station, and corporate 
parent to which the notice was issued; 
(C) the length of time between the date on 
which the complaint was filed and the date on 
which the notice was issued; and 
(D) the status of the proceeding. 
(6) The number of forfeiture orders issued pur-
suant to section 503(b) of such Act during the years 
covered by the report to enforce the statutes, rules, 
and policies prohibiting the broadcasting of obscene, 
indecent, or profane material. 
(7) For each such forfeiture order, a statement 
of—
(A) the amount assessed by the final for-
feiture order; 
(B) the program, station, and corporate 
parent to which it was issued; 
(C) whether the licensee has paid the for-
feiture order; and 
(D) the amount paid by the licensee. 
(8) In instances where the licensee has refused 
to pay, whether the Commission referred such order 
to the Department of Justice to collect the penalty. 
(9) In cases where the Commission referred 
such order to the Department of Justice—
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(A) the number of days from the date the 
Commission issued such order to the date the 
Commission referred such order to the Depart-
ment; 
(B) whether the Department has com-
menced an action to collect the penalty, and if 
such action was commenced, the number of 
days from the date the Commission referred 
such order to the Department to the date the 
action by the Department commenced; and 
(C) whether the collection action resulted 
in a payment, and if such action resulted in a 
payment, the amount of such payment. 
(b) YEARS COVERED.—For purposes of this section, 
the ‘‘years covered’’ by the report required under this sec-
tion shall be the years beginning with calendar year 2000 
through the calendar year preceding the year in which the 
report is submitted. 
SEC. 11. UPDATING GUIDANCE TO THE BROADCAST INDUS-
TRY REGARDING INDECENCY. 
Within 9 months after the date of enactment of this 
Act, and at least once every 3 years thereafter, the Federal 
Communications Commission shall revise, on the basis of 
recent developments in the Commission indecency case 
law, the Commission’s policy statement to provide indus-
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try guidance on the Commission’s interpretation of, and 
enforcement policies regarding, the laws and regulations 
concerning broadcast indecency, as contained in the policy 
statement adopted March 14, 2001, and released April 6, 
2001 (FCC 01–90). 
SEC. 12. GAO STUDY OF INDECENT BROADCASTING COM-
PLAINTS. 
(a) INQUIRY AND REPORT REQUIRED.—The Govern-
ment Accountability Office shall conduct a study exam-
ining, with respect to calendar year 2000 through the cal-
endar year preceding the year in which the report is sub-
mitted—
(1) the number of complaints concerning the 
broadcasting of obscene, indecent, and profane mate-
rial to the Federal Communications Commission; 
(2) the number of such complaints that result 
in final agency actions by the Commission; 
(3) the length of time taken by the Commission 
in responding to such complaints;
(4) what mechanisms the Commission has es-
tablished to receive, investigate, and respond to such 
complaints; and 
(5) whether complainants to the Commission 
are adequately informed by the Commission of the 
responses to their complaints.
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(b) SUBMISSION OF REPORT.—The Government Ac-
countability Office shall submit a report on the results of 
such study within one year after the date of enactment 
of this Act to the Committee on Commerce, Science, and 
Transportation of the Senate and the Committee on En-
ergy and Commerce of the House of Representatives. 
SEC. 13. SENSE OF THE CONGRESS. 
(a) REINSTATEMENT OF POLICY.—It is the sense of 
the Congress that the broadcast television station licensees 
should reinstitute a family viewing policy for broadcasters. 
(b) DEFINITION.—For purposes of this section, a 
family viewing policy is a policy similar to the policy that 
existed in the United States from 1975 to 1983, as part 
of the National Association of Broadcaster’s code of con-
duct for television, and that included the concept of a fam-
ily viewing hour. 
SEC. 14. IMPLEMENTATION. 
(a) REGULATIONS.—The Commission shall prescribe 
regulations to implement the amendments made by this 
Act within 180 days after the date of enactment of this 
Act. 
(b) PROSPECTIVE APPLICATION.—This Act and the 
amendments made by this Act shall not apply with respect 
to material broadcast before the date of enactment of this 
Act.
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(c) SEPARABILITY.—Section 708 of the Communica-
tions Act of 1934 (47 U.S.C. 608) shall apply to this Act 
and the amendments made by this Act.
Passed the House of Representatives February 16, 
2005. 
Attest: 
JEFF TRANDAHL, 
Clerk.
Calendar No. 17
109TH CONGRESS 
1ST SESSION 
H. R. 310
AN ACT 
To increase the penalties for violations by television 
and radio broadcasters of the prohibitions 
against transmission of obscene, indecent, and 
profane material, and for other purposes. 
FEBRUARY 18, 2005
Read the second time and placed on the calendar