IB 
Union Calendar No. 2 
109TH CONGRESS 
1ST SESSION 
H. R. 310 
[Report No. 109–5] 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005 
Mr. UPTON (for himself, Mr. MARKEY, Mr. BARTON of Texas, and Mr. DIN-
GELL) introduced the following bill; which was referred to the Committee 
on Energy and Commerce 
FEBRUARY 14, 2005 
Additional sponsors: Mr. BLUNT, Mr. GILLMOR, Mr. SHIMKUS, Mr. 
WHITFIELD, Mr. FERGUSON, Mrs. WILSON of New Mexico, Mr. EHLERS, 
Mrs. JO ANN DAVIS of Virginia, Mr. SMITH of Texas, Mr. KNOLLEN-
BERG, Mr. CAMP, Mr. HOEKSTRA, Mr. ROGERS of Michigan, Mr. GARY 
G. MILLER of California, Mr. NEUGEBAUER, Mr. BONNER, Mr. AKIN, 
Mr. FORBES, Mr. PICKERING, Mr. STEARNS, Mr. BUYER, Ms. GINNY 
BROWN-WAITE of Florida, Mr. WALSH, Mr. HOLDEN, Mr. WICKER, Mr. 
MILLER of Florida, Mr. BACHUS, Mr. COSTELLO, Mr. CHANDLER, Mr. 
HAYES, Mr. DEAL of Georgia, Mr. OSBORNE, Mr. GORDON, Mr. 
ETHERIDGE, Mr. DAVIS of Florida, Mr. MATHESON, Mr. BOOZMAN, Ms. 
ESHOO, Mr. SOUDER, Mr. BARRETT of South Carolina, Mr. BILIRAKIS, 
Mr. HAYWORTH, Mr. WILSON of South Carolina, Mr. NORWOOD, Mrs. 
CUBIN, Mr. GREEN of Wisconsin, Mr. KENNEDY of Minnesota, Mr. 
DENT, Mr. GENE GREEN of Texas, Mr. SCHWARZ of Michigan, Mr. 
MCINTYRE, Mr. CULBERSON, Mr. JOHNSON of Illinois, Mrs. JOHNSON of 
Connecticut, Mr. EVERETT, Mr. DAVIS of Tennessee, Mr. TURNER, Mr. 
RYUN of Kansas, Mr. PENCE, Mr. KLINE, Mr. BACA, Mr. MCCAUL of 
Texas, Mr. GOODLATTE, and Mr. WELDON of Florida 
FEBRUARY 14, 2005 
Committed to the Committee of the Whole House on the State of the Union 
and ordered to be printed
A BILL 
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’’. 
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-
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 
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: