‘‘(I) whether the violator is a company or 
individual; and 
‘‘(II) if the violator is a company, the size 
of the company and the size of the market 
served. 
‘‘(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-
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— 
(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 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 there-
of the following new paragraph: 
‘‘(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 
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 
(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: 
‘‘(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.’’.