Mr. Chairman, I want to thank the ranking member for yielding me time. I want to engage in colloquy with the chairman of the subcommittee, the gentleman from Michigan (Mr. Upton). During a recent subcommittee hearing on broadcast…
Mr. Chairman, I want to thank the ranking member for yielding me time.
I want to engage in colloquy with the chairman of the subcommittee, the gentleman from Michigan (Mr. Upton).
During a recent subcommittee hearing on broadcast indecency, we heard testimony that it is the Federal Communication Commission's policy that persons submitting complaints alleging indecent broadcast must submit a tape, transcript, or significant excerpt of the alleged indecent content or risk having the complaint dismissed.
Do you recall that testimony?
I yield to the gentleman from Michigan.
I understand that it is the FCC's official position; however, unfortunately, the FCC's claim is incorrect. According to a March 2, 2004, letter from Chairman Powell to the ranking member, the gentleman from Michigan (Mr. Dingell), since 2001 the commission has dismissed 170 complaints for lack of a tape or transcript, including six already this year, 2004.
Does the gentleman agree that this policy places an enormous and inappropriate burden on consumers who simply wish to file a complaint about indecent broadcast?
I appreciate the gentleman's concern, Mr. Chairman, on this matter. Do you agree that our committee must closely watch this issue and urge the FCC to change its policy statement in this matter?
I thank my good friend and chairman of the Subcommittee on Telecommunications and the Internet for his concern and assurance on this matter.
That said, Mr. Chairman, I rise in support of H.R. 3717. For the past month, the Committee on Energy and Commerce has held numerous hearings on the issue of broadcast indecency. In those hearings, we heard from the FCC commissioners and the broadcasters on the enforcement of indecency rules. It became clear that the FCC has been neglectful in its duty in enforcing indecency rules. From 2000 to 2003, the commission has received 255,000 complaints on the subject of indecency, yet the commission had filed less than 10 notices of apparent liability. To add insult to injury, since its existence, the commission has yet to fine a broadcaster for airing language that is obscene and profane.
As we can see, there has been a dereliction by the FCC of its duties. Some have argued that the commission needs additional authority from Congress to
make a serious effort to stop indecency. That said, Mr. Chairman, I believe that H.R. 3717 will give the commission the ammunition it needs to do just that.
The bill not only increases fines but compels the FCC to use its renewal and revocation processes to go after licensees, and it compels the FCC to act in a timely manner regarding consumer complaints.
Mr. Chairman, I would be remiss if I did not discuss the pervasiveness of violent programs on our airwaves. During our month- long hearing discussing this issue, I offered and withdrew an amendment that would have required the FCC to include excessive violence in its definition of indecency.
Study after study has shown that there may be a causal link between violence in the media and violence in society.
Mr. Chairman, I am pleased that the gentleman from Michigan (Mr. Upton) and the gentleman from Massachusetts (Mr. Markey), the ranking member, have agreed to hold a separate hearing on this issue. Such a hearing is needed to focus the collective attention of this committee on detrimental effects of violence in the media as it relates to our children.
Again, I urge Members on both sides of the aisle to vote in favor of this wonderful bill, H.R. 3717, the Broadcast Decency Enforcement Act.
Mr. Chairman, I rise in support of H.R. 3717, the Broadcast Decency Enforcement Act. For the past month the Energy and Commerce Committee has held numerous hearings on the issue of broadcast indecency. In those hearings we heard from the FCC Commissioners and the broadcasters on the enforcement of the indecency rules. It became clear that the FCC had been neglectful in its duty in enforcing indecency rules. From 2000 to 2003 the Commission had received 255,000 complaints on the subject of indecency yet the Commission had filed less then ten notices of apparent liability (NAL's). To add insult to injury, since its existence the Commission has yet to fine a broadcaster for airing language that is obscene or profane. As you see, there has been a dereliction by the FCC of its duties. Some have argued that the Commission needs additional authority from Congress to make a serious effort to stop indecency. That said, I believe H.R. 3717 would give the Commission the ammunition it needs to do just that. The bill not only increases fines but compels the FCC to use its renewal and renovation processes to go after licensees and it compels the FCC to act in a timely manner regarding consumer complaints.
I would be remiss if I did not discuss the pervasiveness of violent programming on our airwaves. During our month long hearing discussing this issue I offered and withdrew an amendment that would have required the FCC to include excessive violence in the definition of indecency. Study after study has shown that there may be a causal link between violence in the media and violence in society. I am pleased that Chairman Upton and Ranking Member Markey have agreed to have a separate hearing on this issue. Such a hearing is needed to focus the collective attention of this committee on the detrimental effects of violence in the media as it relates to our children.
And lastly, as we give the FCC this increased power, I would like us to consider giving preference to socially and economically disadvantaged groups for the purchase of the revoked licenses.
Again, I urge members on both sides of the aisle to vote in favor of H.R. 3717, the Broadcast Decency Enforcement Act.