Broadcast Decency Enforcement Act of 2005

Bill: 109-hr-310
Sponsor: Rep. Upton, Fred [R-MI-6]
Introduced: 2005-01-25 in the House
Policy area: Science, Technology, Communications
Subjects: Administrative procedure
Administrative remedies
Commerce
Congress
Congressional investigations
Congressional reporting requirements
Consumer complaints
Crime and Law Enforcement
Families
Federal Communications Commission
Fines (Penalties)
Government Operations and Politics
Government paperwork
Government publicity
Governmental investigations
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: 2005-01-25
text: 
Broadcast Decency Enforcement Act of 2005 - 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. Sets forth: (1) additional factors for determining indecency penalties; (2) indecency penalties for non-licensees; (3) deadlines for actions on complaints; (4) additional remedies for indecent broadcasts; and (4) provisions for license disqualification, revocation, or renewal consideration for violations of indecency prohibitions.
 
Expresses the sense of Congress that broadcast television station licensees should reinstitute a family viewing policy for broadcasters.

action_date: 2005-02-14
text: 

(This measure has not been amended since it was introduced. The summary has been expanded because action occurred on the measure.)

 
Broadcast Decency Enforcement Act of 2005 - (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.

action_date: 2005-02-16
text: 
Broadcast Decency Enforcement Act of 2005 - (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 and the financial impact that a penalty would have on an individual. 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) Directs the FCC, within nine months after the enactment of this Act and at least every three years thereafter, to revise the FCC policy statement to provide industry guidance on FCC interpretation of, and enforcement policies regarding, the laws and regulations concerning broadcast indecency.
 
(Sec. 12) Requires the Government Accountability 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. 13) 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: 2005-02-18
text: Read the second time. Placed on Senate Legislative Calendar under General Orders. Calendar No. 17.
action_date: 2005-02-17
text: Read the first time. Placed on Senate Legislative Calendar under Read the First Time.
action_date: 2005-02-16
text: Received in the Senate.
action_date: 2005-02-16
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2005-02-16
text: On passage Passed by the Yeas and Nays: 389 - 38 (Roll no. 35).
action_date: 2005-02-16
text: Passed/agreed to in House: On passage Passed by the Yeas and Nays: 389 - 38 (Roll no. 35).
action_date: 2005-02-16
text: The previous question was ordered pursuant to the rule. (consideration: CR H664)
action_date: 2005-02-16
text: DEBATE - Pursuant to the provisions of H. Res. 95 the House proceeded with twenty minutes of debate on the Upton amendment.
action_date: 2005-02-16
text: DEBATE - The House proceeded with one hour of debate on H.R. 310.
action_date: 2005-02-16
text: Rule provides for consideration of H.R. 310 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
action_date: 2005-02-16
text: Considered under the provisions of rule H. Res. 95. (consideration: CR H653-664)
action_date: 2005-02-16
text: Rule H. Res. 95 passed House.
action_date: 2005-02-15
text: Rules Committee Resolution H. Res. 95 Reported to House. Rule provides for consideration of H.R. 310 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. Measure will be considered read. A specified amendment is in order.
action_date: 2005-02-14
text: Placed on the Union Calendar, Calendar No. 2.
action_date: 2005-02-14
text: Reported by the Committee on Energy and Commerce. H. Rept. 109-5.
action_date: 2005-02-14
text: Reported by the Committee on Energy and Commerce. H. Rept. 109-5.
action_date: 2005-02-09
text: Ordered to be Reported by the Yeas and Nays: 46 - 2.
action_date: 2005-02-09
text: Committee Consideration and Mark-up Session Held.
action_date: 2005-02-02
text: Subcommittee on Telecommunications and the Internet Discharged.
action_date: 2005-02-02
text: Referred to the Subcommittee on Telecommunications and the Internet.
action_date: 2005-01-25
text: Referred to the House Committee on Energy and Commerce.
action_date: 2005-01-25
text: Introduced in House
action_date: 2005-01-25
text: Introduced in House