F. James Sensenbrenner, March 16, 2004

Although I believe the federal government should play a limited role in the lives of Americans, there are times when there is a clear need for federal guidance or leadership. One federal agency that is supposed to provide such a service is the Federal Communications Commission (FCC), which is responsible for making sure that our television and radio broadcasts remain free of obscenity. Unlike cable or satellite TV, which cost money and provide a variety of channels, including adult programs, broadcast television stations are free, and available for all Americans, including children.

Recent events have demonstrated that the FCC still has a lot of work to do. Last year, there were several incidents of indecent language being broadcast over the airwaves. Of note was the incident during which rock singer Bono uttered the "F" word in his acceptance speech at the Golden Globe awards. The FCC chose not to fine NBC, which aired the show, because it said that based on the context, the word didn’t describe sexual behavior. Most of my constituents, and I, disagreed. I received hundreds of letter from incredulous Wisconsinites who were outraged over this ruling.

Then, more recently, close to a billion people saw Janet Jackson’s breast during the Super Bowl half-time show, which led to another public uproar and more letters from my constituents. Again, I agreed with them. Although the FCC launched an investigation into the Super Bowl incident, it appears that the penalties for broadcasting obscene materials need to be beefed up. For example, under current law, the maximum fine the FCC can impose against a television or radio station for each obscene broadcast is $27,500. That’s peanuts compared to the $2 million it costs to air a 30-second Super Bowl commercial.

In order to make broadcasting stations sit up and pay attention, fines need to be raised high enough so that it hurts to pay them. And if broadcasters continue to violate the law, then revoking their broadcasting license is another penalty that must be considered. These are a couple of strong disincentives that would help lower the number of obscenity violations on the air. This is why when HR 3717, the Broadcast Decency Enforcement Act of 2004, appeared on the House floor for a vote, I supported it.

HR 3717 passed the House overwhelmingly by a vote of 391 to 22 on March 11. It increases from $27,500 up to $500,000 the maximum fine the FCC can impose against a television or radio station for each broadcast of profane, indecent or obscene material. The bill requires the FCC to consider revoking the licenses of three-time offenders, and to take into consideration a company’s track record when renewing its license. HR 3717 also makes it easier for the FCC to directly fine individual artists and performers, making them take responsibility for their actions as they perform before thousands and perhaps millions of adults and children.

Parents can monitor and control the television shows their children watch. But if the stations don’t monitor their programs, and violate the laws that govern this medium, they make parents’ jobs difficult, if not impossible. Broadcasting obscene material at any time is a violation of federal law, and HR 3717 will help lead to less obscenity on the television and radio.

Congressman James Sensenbrenner, a Republican, represents the Fifth Congressional District of Wisconsin. He serves as chairman of the House Committee on the Judiciary.