Broadcast Decency Enforcement Act of 2005

(This measure has not been amended since it was introduced. The summary of that version is repeated here.)

Broadcast Decency Enforcement Act of 2005 - 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, the amount of forfeiture penalty shall not exceed $325,000 for each violation or day of such violation, to a maximum of $3 million for any single act or failure to act.

[109th Congress Public Law 235]
[From the U.S. Government Publishing Office]


[DOCID: f:publ235.109]

[[Page 120 STAT. 491]]

Public Law 109-235
109th Congress

                                 An Act


 
    To increase the penalties for violations by television and radio 
   broadcasters of the prohibitions against transmission of obscene, 
  indecent, and profane language. <<NOTE: June 15, 2006 -  [S. 193]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress <<NOTE: Broadcast Decency 
Enforcement Act of 2005. 47 USC 609 note.>> assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Broadcast Decency Enforcement Act of 
2005''.

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 $325,000 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

[[Page 120 STAT. 492]]

            (3) in subparagraph (D), as redesignated by paragraph (1), 
        by striking ``subparagraph (A) or (B)'' and inserting 
        ``subparagraph (A), (B), or (C)''.

    Approved June 15, 2006.

LEGISLATIVE HISTORY--S. 193 (H.R. 310):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 109-5 accompanying H.R. 310 (Comm. on Energy and    
Commerce).
CONGRESSIONAL RECORD, Vol. 152 (2006):
            May 18, considered and passed Senate.
            June 6, 7, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
            June 15, Presidential remarks.

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