Representative Fred Upton (MI-06)

WASHINGTON, DC – Congressman Fred Upton (R-St. Joseph), chairman of the House Energy and Commerce Subcommittee on Telecommunications and the Internet, today convened a hearing examining his legislation, the “Broadcast Decency Enforcement Act of 2004.” Upton introduced H.R. 3717 January 21st to increase the financial penalties which the Federal Communications Commission (FCC) can impose on broadcasters who air obscenity, indecency, and profanity on television and radio. Upton’s bill, which is on the fast track, has also garnered the support of the Bush Administration which backed the bill on January 28th.

“This is a tough bill which, if enacted, would help clean-up our airwaves, no doubt about it,” said Upton. “It’s just that, regrettably, the current ‘race to the bottom’ in the entertainment industry has made it an all but impossible task for parents. They should be able to rely on the fact that -- at times when their children are likely to be tuning in -- broadcast television and radio programming will be free of indecency, obscenity, and profanity. And Congress has given the FCC the responsibility to help protect American families in this regard.”

Testifying before Upton’s Subcommittee were Viacom President and Chief Operating Officer Mel Karmazin, National Football League Commissioner Paul Tagliabue, FCC Chairman Michael Powell, and FCC Commissioners Kathleen Abernathy, Michael Copps, Kevin Martin and Jonathan Adelstein.

“While I believe H.R. 3717 is a strong bill which is already having an effect, I am interested in working with Members on both sides of the aisle to improve the bill in a responsible way. We need to look at the level of the fines. We need to look at beefing up the license renewal procedures to ensure that indecency violations are factored in by the FCC. As I’ve suggested before, perhaps we are at a point where we need to drop the hammer of three strikes and you’re off the air,” Upton said during the hearing.

Upton’s bill increases the current penalty caps for indecency by 10-times. The legislation has wide bipartisan support and nearly 100 Members of Congress have already co-sponsored the common sense measure. Under current law, the maximum the FCC can fine per violation is $27,500. Upton’s bill would raise the total to $275,000 per violation.

Upton discussed during today’s hearing some of the mail that he has received. “In one letter, a frustrated mother wrote… ‘I am a single mom trying to raise a daughter, and I cannot believe that it is nearly impossible for us to watch TV, even sporting events, or listen to most radio stations either, without being exposed to indecent material’,” Upton said.

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