Statement of Congressman John D. Dingell, Ranking Member
Committee on Energy and Commerce

COMMITTEE ON ENERGY AND COMMERCE
MARKUP TO CONSIDER H.R. 310, THE “BROADCAST DECENCY ENFORCEMENT ACT OF 2005"

February 9, 2005

Mr. Chairman, I plan to support H.R. 310, the “Broadcast Decency Enforcement Act of 2005,” and I commend your leadership in bringing this measure before the Committee so promptly.

Last Congress, we worked with Chairman Upton and Ranking Member Markey to develop a full and complete record on the issue of broadcast indecency, including three Subcommittee hearings and consideration in both the Subcommittee and full Committee. The resulting bill was overwhelmingly supported by this Committee and by the full House by a vote of 391 to 22. But it failed to become law.

Unfortunately, the need for legislation has not diminished. Despite the Committee’s work and the Federal Communication Commission’s (FCC) more watchful eye, there continues to be a betrayal of the public trust. Some broadcasters persist in crossing the line, putting their own drive for ratings and profits ahead of their responsibilities to the public. This behavior is regrettable. Most broadcasters are decent and proper stewards of the public airwaves, but the poor judgment of a select few casts a dark shadow on the entire industry. Perhaps these wayward broadcasters mistakenly thought that the kickoff of a new Super Bowl would see this issue recede and lawmakers would “let it be.” Let me be clear, the need to enforce the indecency laws is greater than any one malfunction.

It took this Committee’s unyielding attention to the issue of broadcast indecency to awaken the FCC from its years of slumber. Last year we saw an FCC that more properly understood the need to enforce laws against indecency over the public airwaves. But consumer complaints continue to receive haphazard treatment at the Commission.

It remains the responsibility of Congress to act to ensure that the FCC has the tools to fight indecency over the public airwaves.

H.R. 310 will ensure that the FCC has such tools. First, the bill responds to the overriding need to raise the maximum indecency fine to a level that will deter even the largest companies. Second, the bill compels the FCC to use the license renewal and revocation processes to examine more closely the fitness of certain licensees, particularly broadcasters that repeatedly violate the FCC’s rules. Third, needed attention is also paid to the consumer complaint process by compelling the FCC to act on complaints within a specific time-frame. Fourth, this bill will make the FCC more accountable by requiring regular reports to Congress on its enforcement activities. This reporting requirement should encourage any new FCC chairman to carry on the moral virtue that came rather late to the last chairman.

Our children and families deserve to be able to turn on their television or radio at appropriate times without being bombarded by filth and smut. H.R. 310 is a strong but perhaps not perfect bill. Several colleagues have raised concerns about the severity of the fines for individuals. I too have reservations on this matter and am open to giving it a closer examination.

I look forward to working with you, Mr. Chairman, and our Committee colleagues on this bipartisan bill as it makes its way through the legislative process.