Title I: Broadcast Decency - Broadcast Decency Enforcement Act of 2004 - (Sec. 102) Amends the Communications Act of 1934 to provide that, if the violator of the terms and conditions of any Federal Communications Commission (FCC) license, permit, or certificate is either a broadcast station licensee or permittee or an applicant for a broadcast license, permit, or certificate, and such violator is determined by the FCC to have broadcast obscene, indecent, or profane language or images, the amount of forfeiture penalty shall not exceed $275,000 for the first violation, $375,000 for the second, and $500,000 for the third and any subsequent violation, with a 24-hour period limit of $3 million. Requires the FCC, when determining a penalty, to consider the violator's ability to pay.
Directs the FCC to commence a proceeding for revocation of a station license or construction permit of a broadcast station if, in each of three or more proceedings during the term of a broadcast license, such licensee is ordered to pay forfeitures for the above violations by either: (1) the FCC and such forfeitures have been paid; or (2) a court and such orders have become final.
(Sec. 103) Directs the FCC, in the case of such a violation, to take into account various factors with respect to the degree of culpability, including whether: (1) the material was live or recorded, scripted or unscripted; (2) the violator had a reasonable opportunity to review the programming; (3) a time delay blocking mechanism was implemented; and (4) the violation occurred during a children's program or during children's viewing hours. Allows the FCC, when aggravating factors are present, to double the fine amounts for such violations.
(Sec. 104) Revises provisions concerning non-licensed violators and authorizes the FCC to fine such violators if the person should have known that the material would be broadcast. Increases to $500,000 for each violation the fine authorized for such violators.
(Sec. 105) Authorizes any State, regional, or national association of broadcasters or networks, or any group of network affiliates, to enter into a voluntary code of conduct providing a family viewing policy for early evening television viewing hours (the first hour of prime time and the hour immediately preceding such hour).
(Sec. 106) Sets a deadline of 270 days for FCC response to complaints received for violations of this Act.
(Sec. 107) Requires an annual FCC report to specified congressional committees on complaints received and action thereon.
(Sec. 108) Directs the Comptroller General to conduct a study of, and report to specified committees on, an examination of the relationship between the increasing consolidation of broadcast media ownership and violations of this Act.
(Sec. 109) Requires the FCC to implement the requirements of this Act within 180 days after enactment.
Title II: Children's Protection From Violent Programming - Children's Protection from Violent Programming Act - (Sec. 203) Directs the FCC to assess the effectiveness of measures to require television broadcasters and multichannel video programming distributors to rate and encode programming that could be blocked by parents by use of a V-chip. Authorizes the FCC, if it finds such measures ineffective, to prohibit the distribution of violent video programming during hours when children are reasonably likely to comprise a substantial portion of the audience.
(Sec. 204) Makes it unlawful for any person to distribute to the public any violent video programming not blockable by electronic means specifically on the basis of its violent content. Provides for exemptions for: (1) programming (including news programs and sporting events) the distribution of which does not conflict with the objective of protecting children from the negative influences of violent video programming; and (2) premium and pay-per-view direct-to-home satellite programming. Applies to such distribution violations the same penalties provided under Title I.
(Sec. 205) Requires the FCC to continue to study and report to specified committees on the marketing to children of violent content by the motion picture, music recording, and computer and video game industries, including improvements to marketing practices developed and implemented by those industries.
[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2056 Introduced in Senate (IS)]
108th CONGRESS
2d Session
S. 2056
To increase the penalties for violations by television and radio
broadcasters of the prohibitions against transmission of obscene,
indecent, and profane language.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
February 9, 2004
Mr. Brownback (for himself and Mr. Graham of South Carolina) introduced
the following bill; which was read twice and referred to the Committee
on Commerce, Science, and Transportation
_______________________________________________________________________
A BILL
To increase the penalties for violations by television and radio
broadcasters of the prohibitions against transmission of obscene,
indecent, and profane language.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Broadcast Decency Enforcement Act of
2004''.
SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE
BROADCASTS.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator is--
``(i)(I) a broadcast station licensee or permittee; or
``(II) an applicant for any broadcast license, permit,
certificate, or other instrument or authorization issued by the
Commission; and
``(ii) determined by the Commission under paragraph (1) to
have broadcast obscene, indecent, or profane language,
the amount of any forfeiture penalty determined under this subsection
shall not exceed $275,000 for each violation or each day of a
continuing violation, except that the amount assessed for any
continuing violation shall not exceed a total of $3,000,000 for any
single act or failure to act.''; and
(3) in subparagraph (D), as redesignated by paragraph (1),
by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)''.
<all>
Introduced in Senate
Read twice and referred to the Committee on Commerce, Science, and Transportation.
Committee on Commerce, Science, and Transportation. Ordered to be reported with amendments favorably.
Committee on Commerce, Science, and Transportation. Reported by Senator McCain with amendments and an amendment to the title. With written report No. 108-253.
Committee on Commerce, Science, and Transportation. Reported by Senator McCain with amendments and an amendment to the title. With written report No. 108-253.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 471.
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