Frustrated by the profanity and nudity on television that culminated with Janet Jackson and Justin Timberlake’s sexy Super Bowl dance, angry lawmakers on Wednesday raised the prospect of expanding the fight against indecency on television to cable networks for the first time.
In separate, simultaneous hearings, House and Senate lawmakers told Federal Communications Commission members and the president of CBS/Viacom that fines could just be the beginning of a new crackdown on profanity and indecency on U.S. airwaves. Most immediately, they appear headed toward passing legislation to increase tenfold the fine on TV and radio broadcasters that violate FCC decency rules, to a maximum of $275,000 per violation.
Reformers who focus on network TV are missing “85 percent of the story,” because 85 percent of Americans now get their television programming from cable and satellite television, FCC Chairman Michael Powell told senators.
In a sign that elected officials may be ready to take even more dramatic action, Sen. John McCain (R-Ariz.) favored a suggestion by the Consumers Union that Congress require cable and satellite operators to offer a la carte programming in which people pick and pay only for the channels they want.
Congress would have to change rules governing the FCC before the agency could expand its oversight of cable TV. Because cable doesn’t use the public airwaves, it has historically been out of the agency’s jurisdiction. But after the Super Bowl halftime show, during which one of Jackson’s breasts was exposed, Congress may be willing to give the FCC greater authority over cable.
Several lawmakers took the FCC to task for failing to take more aggressive action against indecent radio and TV broadcasts. “How can the f-word not be vulgar?” Sen. Sam Brownback (R-Kansas) asked Powell, referring to the FCC’s holding in December that exonerated NBC for airing the profanity, reasoning that it was used as an adjective rather than a noun. The commission is considering whether to overrule its enforcement bureau in that case.
At a hearing by the House Energy and Commerce subcommittee on telecommunications and the Internet, lawmakers grilled Mel Karmazin, president and chief operating officer of CBS’ parent company, Viacom Inc.
Before Karmazin testified, he listened to more than an hour of complaining by lawmakers about the sex, violence and profanity on radio and TV.
“We are outraged,” said Rep. Mary Bono (R-Calif.). “The American people have finally said, `enough!”‘
Karmazin said, “The problem is the current vagueness in how indecency is defined.”
“What we need is a road map,” he said. “It is not clear exactly what is meant by indecency.”
All four networks had been invited to appear at the hearings, but only Karmazin showed up.
