IB 
Union Calendar No. 251
108TH CONGRESS 
2D SESSION 
H. R. 3717
[Report No. 108–434] 
To increase the penalties for violations by television and radio broadcasters 
of the prohibitions against transmission of obscene, indecent, and profane 
language. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 21, 2004
Mr. UPTON (for himself, Mr. MARKEY, Mr. TAUZIN, Mr. DINGELL, Mr. BILI-
RAKIS, Mr. BARTON of Texas, Mr. STEARNS, Mr. GILLMOR, Mr. BASS, 
Mr. GREENWOOD, Mr. BURR, Mr. BLUNT, Mr. SHIMKUS, Mr. TERRY, 
Mr. WELDON of Pennsylvania, Mr. WOLF, Mr. SMITH of Texas, Mr. 
GREEN of Texas, Mrs. WILSON of New Mexico, Mr. GORDON, Mr. 
WHITFIELD, Mrs. BONO, Ms. MCCARTHY of Missouri, Mr. WYNN, Mrs. 
CUBIN, and Mr. PITTS) introduced the following bill; which was referred 
to the Committee on Energy and Commerce 
MARCH 9, 2004
Additional sponsors: Mr. EHLERS, Mr. MATHESON, Mr. JONES of North Caro-
lina, Mr. EVERETT, Mr. ROGERS of Michigan, Mrs. NORTHROP, Mr. 
OSBORNE, Mr. LEWIS of Kentucky, Mr. BARRETT of South Carolina, Mr. 
ROSS, Mr. HINCHEY, Mr. BAKER, Mr. BEREUTER, Mr. FORBES, Mr. 
OXLEY, Mr. NETHERCUTT, Ms. KAPTUR, Mrs. MYRICK, Mr. DEAL of 
Georgia, Mr. SKELTON, Mr. SPRATT, Mr. COSTELLO, Mr. SMITH of 
Michigan, Mr. TIBERI, Mr. FERGUSON, Mr. GREEN of Wisconsin, Mr. 
HAYES, Ms. CARSON of Indiana, Ms. DELAURO, Mr. TIAHRT, Mrs. MIL-
LER of Michigan, Mrs. JOHNSON of Connecticut, Mr. SCOTT of Georgia, 
Mr. SHADEGG, Mr. TURNER of Texas, Mr. LINDER, Mr. ROGERS of Ala-
bama, Mr. BERRY, Mr. SIMMONS, Mr. KENNEDY of Minnesota, Mr. CAL-
VERT, Mr. GARY G. MILLER of California, Mr. CAMP, Mr. MCINTYRE, 
Mr. HOEKSTRA, Mr. TAYLOR of North Carolina, Mr. BURGESS, Mr. 
OLVER, Mr. KNOLLENBERG, Mr. LATHAM, Ms. ESHOO, Mr. NEY, Mr. 
BOEHLERT, Mr. BUYER, Mr. TOOMEY, Mr. PETRI, Mr. TURNER of Ohio, 
Mr. TAYLOR of Mississippi, Mr. DOOLITTLE, Mr. CULBERSON, Mr. 
NEUGEBAUER, Mr. SOUDER, Mr. CARTER, Mr. HERGER, Mr. DAVIS of
(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 Commis-
sion, 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, indecent, 
or profane material (and the case is not covered 
by subparagraph (A), (B), or (C)), the amount 
of any forfeiture penalty determined under this
(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 de-
termined to have willfully or intentionally made 
the utterance’’; 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 thereof the 
following new paragraph: 
‘‘(7) In the case of an allegation concerning the utter-
ance of obscene, indecent, or profane material that is broad-
cast by a station licensee or permittee—
‘‘(A) within 180 days after the date of the receipt 
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 per-
son in writing, and any person submitting such 
allegation in writing or by general publication, 
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 Commis-
sion, within 270 days after the date of the receipt 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 
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 pro-
fane material, the Commission may, in addition to impos-
ing a penalty under this section, require the licensee or per-
mittee to broadcast public service announcements that serve 
the educational and informational needs of children. 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, indecent, or profane 
material, as determined in accordance with regulations pre-
scribed 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 (after 
subsection (c) as added by section 6) the following new sub-
section: 
‘‘(d) CONSIDERATION OF LICENSE DISQUALIFICATION 
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 licensee or permittee 
broadcast obscene, indecent, or profane material, and ei-
ther—
‘‘(1) such forfeiture penalty has been paid, or
‘‘(2) a forfeiture penalty has been determined by 
the Commission or an administrative law judge pur-
suant to paragraph (3) or (4) of subsection (b), and 
such penalty is not under review, and has not been 
reversed, by a court of competent jurisdiction, 
then, notwithstanding section 504(c), 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 operate 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 fol-
lowing new paragraph: 
‘‘(5) LICENSE RENEWAL CONSIDERATION OF VIO-
LATIONS OF INDECENCY PROHIBITIONS.—If the Com-
mission has issued 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 mate-
rial, and—
‘‘(A) such forfeiture penalty has been paid, 
or 
‘‘(B) a forfeiture penalty has been deter-
mined by the Commission or an administrative 
law judge pursuant to paragraph (3) or (4) of 
section 503(b), and such penalty is not under re-
view, and has not been reversed, by a court of 
competent jurisdiction, 
then, notwithstanding section 504(c), such violation 
shall be treated as a serious violation for purposes of 
paragraph (1)(B) of this subsection 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 INDE-
CENCY PROHIBITIONS.—
‘‘(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 forfeiture penalty has been deter-
mined by the Commission or an administrative 
law judge pursuant to paragraph (3) or (4) of 
section 503(b), and such penalty is not under re-
view, and has not been reversed, by a court of 
competent jurisdiction, 
then, notwithstanding section 504(c), the Commission 
shall commence a proceeding under subsection (a) of 
this section to consider whether the Commission 
should revoke the station license or construction per-
mit of that licensee or permittee for such station. 
‘‘(2) PRESERVATION OF AUTHORITY.—Nothing in 
this subsection shall be construed to limit the author-
ity of the Commission to commence a proceeding 
under subsection (a).’’. 
SEC. 10. REQUIRED CONTENTS OF ANNUAL REPORTS OF 
THE COMMISSION. 
Each annual report submitted by the Federal Commu-
nications Commission after the date of enactment of this
(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 pursu-
ant to section 503(b) of such Act during the year cov-
ered by the report to enforce the statutes, rules, and 
policies prohibiting the broadcasting of obscene, inde-
cent, 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; 
(D) the amount paid by the licensee; and 
(E) in instances where the licensee refused 
to pay, whether the Department of Justice 
brought an action in Federal court to collect the 
penalty.
SEC. 11. 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 fam-
ily 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 conduct 
for television, and that included the concept of a family 
viewing hour. 
SEC. 12. 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. 
(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.
Amend the title so as to read: ‘‘A bill to increase the 
penalties for violations by television and radio broad-
casters of the prohibitions against transmission of ob-
scene, indecent, and profane material, and for other pur-
poses.’’.
Union Calendar No. 251
108TH CONGRESS 
2D SESSION 
H. R. 3717
[Report No. 108–434] 
A BILL 
To increase the penalties for violations by television 
and radio broadcasters of the prohibitions 
against transmission of obscene, indecent, and 
profane language. 
MARCH 9, 2004
Reported with amendments, committed to the Committee 
of the Whole House on the State of the Union, and or-
dered to be printed