Broadcast Decency Enforcement Act of 2004

Bill: 108-hr-3717
Sponsor: Rep. Upton, Fred [R-MI-6]
Introduced: 2004-01-21 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative remedies
Congress
Congressional investigations
Congressional reporting requirements
Crime and Law Enforcement
Families
Federal Communications Commission
Fines (Penalties)
Government Operations and Politics
Independent regulatory commissions
Law
Liability (Law)
Licenses
Limitation of actions
Pornography
Public service advertising
Radio broadcasting
Radio programs
Radio stations
Television and children
Television broadcasting
Television programs
Television stations

Summary:
action_date: 2004-01-21
text: 
Broadcast Decency Enforcement Act of 2004 - Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane language, the amount of forfeiture penalty shall not exceed $275,000 for each violation or day of such violation, to a maximum of $3 million for any single act or failure to act.

action_date: 2004-03-09
text: 
Broadcast Decency Enforcement Act of 2004 - (Sec. 2) Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.
 
(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.
 
(Sec. 4) Makes the prohibition on penalties against nonlicensees inapplicable in the case of a person who utters obscene, indecent, or profane material broadcast by a licensee or permittee if such person willfully or intentionally makes the utterance.
 
(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.
 
(Sec. 6) Authorizes the FCC, in addition to such penalties, to require the offending licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children and reaches an audience of up to five times the audience estimated to have been reached by the obscene, indecent, or profane material.
 
(Sec. 7) Directs the FCC, in any subsequent proceeding against a broadcast licensee or permittee who has already paid a fine for violating the provisions of this Act or whose fine has been determined and is not under review, to: (1) consider whether the broadcast of such material demonstrates a lack of character or other qualifications required to operate a station; and (2) treat such violation as a serious violation with respect to the determination of license or permit renewal.
 
(Sec. 9) Requires that, if the FCC has issued a notice of violation in each of three or more proceedings during the term of the broadcast license and in each proceeding the fine was paid or not placed under review, then the FCC shall commence a proceeding to consider revocation of that station's license or permit.
 
(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.
 
(Sec. 11) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983.

action_date: 2004-03-11
text: 
Broadcast Decency Enforcement Act of 2004 - (Sec. 2) Amends the Communications Act of 1934 to provide that if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane material, the amount of forfeiture penalty shall not exceed $500,000 for each violation.
 
(Sec. 3) Directs the FCC, in enforcing penalties for violators, to take into account specified factors with respect to the violator's: (1) degree of culpability, including whether the offending material was live or recorded and scripted or unscripted; and (2) ability to pay, including whether the violator is a company or individual and the company's size. Provides an enforcement exception, under certain circumstances, for a licensee or permittee not owned or controlled by the network organization providing the offending material to the licensee or permittee for broadcast.
 
(Sec. 4) Makes the prohibition on penalties against nonlicensees inapplicable in the case of a person who utters obscene, indecent, or profane material broadcast by a licensee or permittee if such person willfully or intentionally makes the utterance.
 
(Sec. 5) Provides deadlines for actions on complaints of violations of this Act.
 
(Sec. 6) Authorizes the FCC, in addition to such penalties, to require the offending licensee or permittee to broadcast public service announcements that serve the educational and informational needs of children and reaches an audience of up to five times the audience estimated to have been reached by the obscene, indecent, or profane material.
 
(Sec. 7) Directs the FCC, in any subsequent proceeding against a broadcast licensee or permittee who has already paid a fine for violating the provisions of this Act or when a court has ordered payment of a penalty and such order has become final, to: (1) consider whether the broadcast of such material demonstrates a lack of character or other qualifications required to operate a station; and (2) treat such violation as a serious violation with respect to the determination of license or permit renewal.
 
(Sec. 9) Requires that if the FCC has issued a notice of violation in each of three or more proceedings during the term of the broadcast license and in each proceeding the fine was paid or a court has ordered payment of a penalty and such order has become final, then the FCC shall commence a proceeding to consider revocation of that station's license or permit.
 
(Sec. 10) Requires annual FCC reports to Congress to include information with respect to violations of this Act and related proceedings.
 
(Sec. 11) Requires the General Accounting Office to study and report to specified congressional committees on the complaints made to the FCC concerning the broadcasting of obscene, indecent, and profane material.
 
(Sec. 12) Expresses the sense of Congress that the broadcast television station licensees should reinstitute a family viewing policy for broadcasters that is similar to the policy that existed in the United States from 1975 to 1983.


Legislative actions:
action_date: 2004-03-26
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 464.
action_date: 2004-03-25
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2004-03-11
text: Received in the Senate.
action_date: 2004-03-11
text: The title of the measure was amended. Agreed to without objection.
action_date: 2004-03-11
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-03-11
text: On passage Passed by recorded vote: 391 - 22, 1 Present (Roll no. 55).
action_date: 2004-03-11
text: Passed/agreed to in House: On passage Passed by recorded vote: 391 - 22, 1 Present (Roll no. 55).
action_date: 2004-03-11
text: The House adopted the amendment in the nature of a substitute as agreed to by the Committee of the Whole House on the state of the Union. (consideration: CR H1034; text: CR H1031-1033)
action_date: 2004-03-11
text: The previous question was ordered pursuant to the rule.
action_date: 2004-03-11
text: The House rose from the Committee of the Whole House on the state of the Union to report H.R. 3717.
action_date: 2004-03-11
text: DEBATE - Pursuant to the provisions of H. Res. 554 the Committee of the Whole proceeded with ten minutes of debate on the Sessions amendment.
action_date: 2004-03-11
text: DEBATE - Pursuant to the provisions in H. Res. 554 the Committee of the Whole proceeded with twenty minutes of debate on the Upton amendment.
action_date: 2004-03-11
text: GENERAL DEBATE - The Committee of the Whole proceeded with ninety minutes of general debate on H.R. 3717.
action_date: 2004-03-11
text: The Speaker designated the Honorable Bob Goodlatte to act as Chairman of the Committee.
action_date: 2004-03-11
text: House resolved itself into the Committee of the Whole House on the state of the Union pursuant to H. Res. 554 and Rule XVIII.
action_date: 2004-03-11
text: Rule provides for consideration of H.R. 3717 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2004-03-11
text: Considered under the provisions of rule H. Res. 554. (consideration: CR H1019-1035)
action_date: 2004-03-11
text: Rule H. Res. 554 passed House.
action_date: 2004-03-10
text: Rules Committee Resolution H. Res. 554 Reported to House. Rule provides for consideration of H.R. 3717 with 1 hour and 30 minutes of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. It shall be in order to consider as an original bill for the purpose of amendment under the five-minute rule the amendment in the nature of a substitute recommended by the Committee on Energy and Commerce now printed in the bill. Measure will be considered read. Specified amendments are in order.
action_date: 2004-03-09
text: Placed on the Union Calendar, Calendar No. 251.
action_date: 2004-03-09
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-434.
action_date: 2004-03-09
text: Reported (Amended) by the Committee on Energy and Commerce. H. Rept. 108-434.
action_date: 2004-03-03
text: Ordered to be Reported (Amended) by Voice Vote.
action_date: 2004-03-03
text: Committee Consideration and Mark-up Session Held.
action_date: 2004-02-26
text: Subcommittee Hearings Held.
action_date: 2004-02-12
text: Forwarded by Subcommittee to Full Committee by Voice Vote.
action_date: 2004-02-12
text: Subcommittee Consideration and Mark-up Session Held.
action_date: 2004-02-11
text: Subcommittee Hearings Held.
action_date: 2004-02-03
text: Referred to the Subcommittee on Telecommunications and the Internet.
action_date: 2004-01-21
text: Referred to the House Committee on Energy and Commerce.
action_date: 2004-01-21
text: Introduced in House
action_date: 2004-01-21
text: Introduced in House