With the news of the resignation of Michael Powell as Chairman of the Federal Communcations Commission, Morality in Media has joined with others in a letter to President George W. Bush that urges him "to nominate a person who understands the indecency problem and who is committed to enforcing indecency laws."
The letter was signed by MIM President Bob Peters and 47 state and national activists and leaders of pro-decency organizations. The letter was accompanined by a fact sheet, "What the Public Thinks About Indecency on TV and Radio." (Both documents in PDF.)
"Years ago," the letter reads, "TV broadcasters had a strong industry-wide code and self-imposed internal standards that generally reflected community standards. However, this is no longer the case. Studies show how sexual (talk & action) and vulgar broadcast TV has become. Opinion polls ... have consistently found that a large majority of adult Americans are offended by and concerned about sex and vulgarity on TV. Countless articles critical of TV sex and vulgarity have also appeared in both religious and secular publications. Evidence also mounts that children are adversely affected by media sex and vulgarity."
Peters noted that the Commission "has begun to levy large fines against radio station licensees that carry so-called 'shock jocks'—fines that have resulted in shock jocks being canned, shock jocks reportedly cleaning up their programs, and shock jocks moving to satellite radio. These were steps forward for the FCC, but if there is to be a lasting impact, these steps must be repeated and expanded upon until broadcasters understand they are not above the law—and that won’t happen unless Chairman Powell’s successor is committed to enforcing indecency laws."
He further noted, "There is also a huge indecency problem on basic cable channels and, with broadcast radio shock jocks now moving to satellite radio, a major problem in the making in that medium. The FCC should be providing leadership in addressing these problems, instead of siding with the industry."
By law, the President nominates FCC Commissioners, subject to confirmation by the U.S. Senate, and designates one of the Commissioners as Chairman (not subject to confirmation).
On the other end of Pennsylvania Avenue, the indecency issue has come back to life in the brand new 109th Congress. Two different bills have been introduced to increase the maximum fines that the FCC can impose for broadcast indecency violations.
In the House, Rep. Fred Upton (R-Mich) introduced HR 310, which increases the maximum fine per violation from the current $27,500 to $500,000, mandates a license revocation hearing after a third offense by a broadcaster, and imposes on the FCC a 180 day “shot clock” to act on indecency complaints filed by consumers. Other original co-sponsors of H.R. 310 include Reps. Ed Markey (D-Mass.), Joe Barton (R-Tex.) and John Dingell (D-Mich.).
In the Senate, Sens. Sam Brownback (R-Kan.) and Joe Lieberman (D-Conn.) jointly introduced S. 193, the Broadcast Decency Enforcement Act of 2005, which increases the maximum fine for each violation to $325,000 with a penalty cap of $3 million for any single act.
Additional Senate sponsors of the bill include Senators Allen (R-Va.), DeMint (R-N.C.), Dole (R-N.C.), Ensign (R-Nev.), Enzi (R-Wy.), Graham (R-S.C.), Grassley (R-Iowa), Hagel (R-Neb.), Inhofe (R-Okla.), Kyl (R-Ariz.), Lincoln (D-Ark.), Lott (R-Miss.), Martinez (R-Fla.), McCain (R-Ariz.), Pryor (D-Ark.), Roberts (R-Kan.), Santorum (R-Pa.), Sessions (R-Ala.), Thomas (R-Wy.), and Thune (R-S.D.).
“The Senate overwhelmingly agrees that the FCC needs better tools to enforce broadcast decency laws—the original Decency bill passed 99 to 1 last year,” Brownback said in a statement. “We must have punitive damages to give some teeth to the current fine structure so there will be meaningful deterrents to broadcasters who may air indecent or obscene broadcasts.”