Terry Everett, April 5, 2004

Recently, the U.S. House of Representatives followed through on its promise to crack down on broadcasters who continue to spew forth obscene language and vulgar acts over the public's airwaves. The tough new legislation sends a strong signal to broadcasters that America is fed up with indecency on radio and television.

In response to one of the largest public outcries in recent memory, the U.S. House took action March 11 to clean up over-the-air broadcasting. The Broadcast Decency Enforcement Act of 2004 (HR 3717) passed overwhelmingly on a 391 to 22 vote and now awaits action in the U.S. Senate.

I was pleased to support this legislation which allows the Federal Communications Commission (FCC) to impose a fine up to $500,000 against broadcasters for every violation of "obscene, indecent or profane material." Additionally, the bill allows the FCC to fine radio and television networks and entertainers who willfully or intentionally violate indecency standards up to $500,000 for airing "obscene, indecent or profane material."

Such action is needed to enable the FCC to enforce existing Federal broadcast decency laws since current penalties are weak. For example, right now the maximum fine the FCC can levy against a broadcaster for airing indecent material is $27,500. And, the FCC can only issue an $11,000 fine against networks and/or entertainers who willfully violent decency standards - a mere slap on the wrist. Our legislation also directs the FCC to hold hearings to consider stripping stations of their licenses after they have been penalized three or more times.

Unfortunately, recent events such as the infamous 2004 Super Bowl prime-time television performance by Janet Jackson and Justin Timberlake have increased the public's awareness of the need to more closely monitor the airwaves. Indeed, the public reaction to that incident, as well as the use of on-air profanity by singer Bono during the nationally-televised Golden Globe awards in 2003, has been overwhelming.

For months, my office was flooded with thousands of angry emails from residents of Southeast Alabama demanding action. The same was true for most congressional offices across the country. This explains why HR 3717 quickly passed with a strong bipartisan vote.

The Broadcast Decency Enforcement Act does not constitute censorship or restriction of free speech over the public's airwaves. It does not change current FCC definitions of obscenity, indecency or profanity. However, it imposes a "shot clock" within which the FCC has 180 days from the date of initial complaint against a station and/or network to determine if the incident was indecent, and another 90 days for the FCC to taken action.

HR 3717 has not even become law yet and already broadcasters appear to be getting the message. Recently, Clear Channel Communications announced it was pulling the nationally- syndicated Howard Stern Radio Show which has repeatedly stepped over the line with obscenity violations, and television networks are finally taking precautions to avoid violations during "live" performances.

In an age when the public is plugged-in like never before to broadcasters, passage of the Broadcast Decency Enforcement Act is a victory for America's families. I am hopeful that it will soon pass the U.S. Senate and be signed into law by President Bush.

Congressman Terry Everett represents the 2nd Congressional District of Alabama in the U.S. House of Representatives.