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FCC seen near action on decency case backlog
2006-02-23
U.S. communications regulators plan to issue decisions soon in about 40 cases involving complaints against broadcasters for violating federal decency limits, a source close to the matter said on Wednesday. The U.S. Federal Communications Commission is considering a proposal to rule that the word "s***" is profane and violates decency limits in certain contexts, the source said, declining further identification. The agency has already declared the word "f***" off-limits in most cases. Actress Nicole Richie uttered versions of both words during the Fox broadcast of the 2003 Billboard Music Awards, prompting complaints to the FCC. Most television networks now use a tape-delay so they can avoid such incidents and complaints. The expected action against television broadcasters would be the first in well over a year by the FCC despite a push by FCC Chairman Kevin Martin, a Republican, for stricter enforcement of federal broadcast decency limits. Federal regulations bar television and radio broadcast stations from airing obscene material and limit them from airing indecent material, such as profanity and sexually explicit content, except in late-night hours when children are less likely to be in the audience. Those limits do not apply to cable or satellite television and radio services. The source said the agency is also expected to uphold its proposal to fine 20 CBS television stations a total of $550,000 for a stunt involving pop singer Janet Jackson exposing her breast briefly during the 2004 Super Bowl football game halftime show. The source declined to identify what other station owners could be fined. The maximum fine the agency can impose is $32,500 per violation, though U.S. lawmakers have proposed raising the maximum fine to as much as $500,000 per violation. FCC spokesman David Fiske declined to comment. The number of rulings could vary if FCC commissioners cannot agree on the outcomes. In 2004, the five-member FCC proposed a record $7.9 million in fines, but did not approve any fines last year. The decisions would not be final until all current commissioners vote. One Republican FCC seat is vacant. The Parents Television Council, which has argued for stricter enforcement of federal decency limits, warned in late 2005 that continued inaction by the FCC would lead to racier programming. The agency declared the F-word mostly off-limits when U2 singer Bono uttered a version of the word during the 2003 Golden Globe Awards program. The FCC declined issuing a fine for that incident. The FCC also did not take action against broadcast television stations that aired the World War Two movie "Saving Private Ryan" even though many profane words were used in the dialogue. The FCC has reported receiving more than 230,000 complaints last year regarding indecent or obscene programming, though some may be duplicate complaints filed with different commissioners' offices.
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