I want to thank the Chairman for convening this hearing today and bringing together this distinguished panel of witnesses. I look forward to hearing their testimony and am hopeful that it will help us reach a better understanding of these complex and troubling issues.

I think it is important that we recognize and not underestimate the fact that these issues are complex and not necessarily addressed by any quick and easy solution. In addition, when it comes to considering the programming being broadcast on both television and radio these days, the concerns we have are not partisan ones. I think all of us, Democrat and Republican, share a sincere interest in seeing that this broadcast material meets a level of decency and appropriateness that we as parents can live with, and our children can grow with.

One thing that seems to be clear, is that the current system we have to monitor, police, and ultimately enforce standards of decency does not seem to be working. What is even more troubling is that the breakdown of the system does not seem to be a problem with statutory authority as much as it seems to be an enforcement issue. Let’s take the year 2002 for example. In that year, the FCC received almost 14,000 complaints about 389 different programs, yet issued only seven notices of apparent liability (NAL’s) for fines. Last year, in 2003, the FCC received over 240,000 complaints about 375 programs, but issued only three orders. To me, that seems to be a questionable track record.

It is not as though we are attempting to impose a rigidly puritan ethic that doesn’t allow for free expression and creativity. And obviously it is important that we continue to maintain vigilantly our first amendment freedoms. But it is also important that we achieve at least a modicum of decency ---- and it is even this minimum standard that at times seems to be glaringly absent.

Frankly, I’m not so sure that simply raising the amount of potential monetary fines, as the bill before us today does, is all that’s required. While it does seem a necessary first step, I wonder if we shouldn’t do so by allowing for a more flexible scale that ties the dollar amount of a fine to a percentage of profit or perhaps a reflection of the share of rating points for a particular broadcast.

I further wonder why we can’t establish a more effective and timely method of reviewing complaints and handing out fines when necessary. When a driver runs a red light or parks in the wrong spot, their fine is swiftly established. Yet, when indecent material is broadcast to millions of people, our current process can take years to conclude. Unfortunately, that seems to both allow for and almost invite further abuse.

I’m also troubled by the fact that there seems to be little or no attention paid by the FCC to the preponderance of extreme violence filling our TV screens. One can argue just how harmful a particular obscenity or swear word may really be, but there have been numerous studies that have concluded graphic violence is extremely harmful ----- especially to young children who are far more impressionable.

For these reasons and others, I am glad we are holding this series of hearings, and I hope that we can utilize the information we glean to craft legislation that will address these issues in an even more comprehensive way then H.R. 3717 currently does.

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