FCC Fines Raised in Congress

Written by Craig Lyndall
Published March 12, 2004

Europeans are giggling at us. They can't believe the resources we waste on stupid issues. Do I know this for a fact? No, but having been in Europe before and seeing what ends up on their televisions, I have to think they are just laughing at all the wasted money, time, and effort to make rulings on "indecency" in this country.

Yesterday Congress passed a bill 391-22 that will raise indecency fines in the United States for a broadcast license holder from $27,500 to $500,000. It also raises the fine for the performer of an indecent act from $11,000 to $500,000. If this wasn't a big enough waste of time, there is an "indecency summit" scheduled for March 31.

    "It's a shame we have to address this issue, but when members of the broadcast industry violate the boundaries of reasonable tolerance, that's exactly what we're forced to do," said House Majority Leader Tom DeLay, R-Texas. "The House has sent a clear signal to our broadcasters: Enough is enough."

This is just horribly misguided.

What exactly is the reason that we needed larger fines? Were the previous fines levied against companies not working?

OR, was the FCC just not doing the job of handing out the fines that were available to them for the last 10 years? I am not saying that I think they should be handing out fines all the time, because frankly, I can't tell you the last time I was offended by something "indecent" on the radio or on television. I still don't think we need bigger fines.

According to the FCC, they have now received 530,828 complaints about the Super Bowl alone. As a result we will push forward sweeping legislation that overreacts to the situation. We will take a fine that had been used sparingly and go from not using the powers that we have, to raising the fine to a total that is 18 times the one that was previously in place. I guess doubling the fine wasn't good enough.

DEFINING THE RULES

As long as we are going to have stricter rules and stiffer penalties, at least we are going to have very clear definitions of the rules, right? Wrong. Presently, the only rule that anyone knows is that banned material includes those that refer to sexual and excretory functions from 6 a.m. to 10 p.m.

If Kelly Ripa mentions potty training on Live with Regis and Kelly, are they going to fine every station throughout the country where their program is featured? If Star Jones mentions a steamy sex scene that one of the guests on The View did in a movie, is she going to be personally fined $500,000? And what of all the soap operas with the love triangles?

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Craig Lyndall rants, raves and writes other stuff at FilteringCraig.com and at The Cleveland Sports Curse
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FCC Fines Raised in Congress
Published: March 12, 2004
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Section: Politics
Filed Under: Culture: Media
Writer: Craig Lyndall
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#1 — March 12, 2004 @ 10:04AM — Mark Saleski [URL]

hey, major weirdness going on the blogcritics main page....one of the links to shark's education story is pointing to craig's fcc story.

another clearchannel conspiracy? ;-)

#2 — March 12, 2004 @ 10:08AM — Craig Lyndall [URL]

Unbeknownst to the world, Shark and I are THE SAME PERSON. Physically anyway. During the day, I am Craig the evil, hateful BlogCritic. During the night, I am Shark, the witty, vitriolic Diva Hater.

Or, Movable Type had some sort of problem. When we posted our stories this morning. :-)

#3 — March 12, 2004 @ 10:43AM — David Flanagan [URL]

Keep in mind that this is all because of a shielded nipple.

If it were only so simple. People have been complaining about the steadily increasing volume of violent and sexual content on TV for at least the past two decades.

Howard Stern, whose show I listen too on occasion, helped pioneer this for the radio and he is certainly feeling the pain of being pulled back after many long years of running amock on the public airwaves. I know that Stern and others like to tell us to "turn the channel" if we don't like what they offer, but what do you do when all the other channels are offering just about the same thing?

The other thing that I don't often hear discussed is that Stern and others have been breaking the rules for years, and being called on it, but the fines were so low that the networks just paid the fines dutifuly and continued to rake in the advertising bucks. The FCC has been consistently pursuing complaints, but the low fines for infractions made their bite somewhat toothless.

Now, however, the fines are real. Half a million dollars? You can bet the networks will pay attention to that! And in doing so, they will reign in their on-air talent themselves and more diligently follow the rules that have been in place for a very long time.

So, in that sense, all the government is doing at this point is making existing rules much more effective by adding bite to the FCC's bark.

Ultimately, the whole incident with Jackson was the final shocking straw that made people angry enough to ask for something to be done. I think most people understand that artists, by their very nature, MUST push the envelope, but they don't have to do it with sex necessarily and, if they really want to do it with sexual content, then they should go to the private airwaves to do it. HBO did exactly that with shows like "The Sopranos," and "Sex In The City," with huge success.

Even Stern is talking about making that shift, which would likely be a huge boon for companies like XM Satellite Radio as Stern's fans sign up to keep listening to him. If thats what he decides to do then more power to him.

Don & Mike, of The Don & Mike Show, are favorites of mine and if they do the same, they might actually make more money have far more creative freedom. Would I sign up for the service so that I could listen to them? I probably would.

I think it will be interesting to see what happens here. Stern certainly has been a pioneer on the public airwaves, though, I don't like everything that he has brought to them. Perhaps its time for him to pioneer satellite radio as well. Who knows, one day Stern might be known for pushing this new service into the mainstream. If anyone can do it, Stern can.

Thanks.

David

#4 — March 12, 2004 @ 10:52AM — Craig Lyndall [URL]

"The other thing that I don't often hear discussed is that Stern and others have been breaking the rules for years, and being called on it, but the fines were so low that the networks just paid the fines dutifuly and continued to rake in the advertising bucks. The FCC has been consistently pursuing complaints, but the low fines for infractions made their bite somewhat toothless."

First of all, Stern was fined one time about 10 years ago. There have been no fines since then as far as I know. I looked into it and didn't see any. So, my claim stands that the fines wouldn't be toothless if they were levied consistently over the years.

Also, you say he has been "breaking the rules for years." Without fines and precedents, there are no rules. Without taking "decency" cases to court we have no legal definitions.

#5 — March 12, 2004 @ 11:07AM — Mark Saleski [URL]

public airwaves? only if you're a major corporation with lottsa money backing you up.

i'd have more sympathy (jest a smidge) for this argument if they hadn't squished the low power FM thing a while back.

#6 — March 12, 2004 @ 11:15AM — Eric Olsen

I'm way behind having basically lost yesterday so I'll be brief on this at the moment: the raise in fines simply says they are serious, as David mentions, I don't have a problem with that. I am somewhat concerned about the chill factor - not what is explicityly in the rules, but how the corporations who now control the media will react - like Clear Channel.

FM low power is on its way back, I think we'll see positive movement on that one this year.

Did we get MT linking problem resolved on this?

#7 — March 12, 2004 @ 11:17AM — Mark Saleski [URL]

the other problem with this is that they're 'serious' about this...but won't come right out and explicitly say what's "indecent".

(and yep, the MT link is fixed)

#8 — March 12, 2004 @ 11:24AM — Craig Lyndall [URL]

Wouldn't the first step toward seriousness involve using the actual fines that you have? Raising the penalty before knowing how the original ones work seems kind of silly to me.

#9 — March 12, 2004 @ 11:34AM — Eric Olsen

C, obviously, this is as much a political "statement" as it is an attempt to improve policy. That always has to be taken into account.

#10 — March 12, 2004 @ 11:41AM — Craig Lyndall [URL]

I understand that Eric, but tell me what was so pressing about this political statement? I can't believe this became a priority.

#11 — March 12, 2004 @ 11:49AM — Mark Saleski [URL]

it's an election year....making the issue 'easy' to get behind.

i expect there aren't a lot of pols who would consider it a losing issue.

they're for 'decency', after all.

#12 — March 12, 2004 @ 12:01PM — Eric Olsen

A large number of Americans were genuinely outraged by Janet, which remind them that they are also genuinely outraged by a number of other things they see and hear in the broadcast media; so, being already aroused, it was easy to extrapolate to the overall state of the broadcast media, which has felt out ofcontrol to a lot of people for some time. It was a classic straw breaking the camel's back, or tipping point incident. The sentiment was already there, it was just bubbling below the surface.

#13 — March 12, 2004 @ 12:31PM — Craig Lyndall [URL]

I think that if you were to really look into this, you would see that a lot of the people who complain to the FCC are part of the same groups. Usually right-wing Christian and family groups who go on campaigns. They complain and all of a sudden the minority opinion is heard, when the majority opinion stays silent because they had nothing to complain about. It is a flawed system. I remember a couple years ago, Stern talked to a guy who wrote letters to the FCC for 50 cents a pop. He was paid by a group to send letters so that they could help shape and mold the system. I am not a conspiracy theorist or anything, but I am pretty wary of a system that works on complaints without any further investigation.

How else can you explain that Howard Stern is number one in most of his markets? Haven't the people spoken in that regard too? For every person that is fed up, I might argue that there more who either liked it or didn't care.

#14 — March 12, 2004 @ 13:21PM — Craig Lyndall [URL]

Also, my friend pointed out on my personal site that only 3 fines were issued last year by the FCC. One of which was against WNEW in New York, which subsequently fired Opie and Anthony.

So, maybe those FCC fines do accomplish their goals when they are actually used?

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