March 16, 2006

TV Stations Fined Over CBS Show Deemed to Be Indecent
By JULIE BOSMAN
NY Times

http://www.nytimes.com/2006/03/16/business/media/16fine.html?pagewanted=print


The Federal Communications Commission leveled a record $3.6 million fine 
yesterday against 111 television stations that broadcast an episode of 
"Without a Trace" in December 2004, with the agency saying the CBS show 
suggested that its teenage characters were participating in a sexual orgy.

The program was among nine cited yesterday for fines totaling about $4 
million on agency accusations of violating decency standards between 
February 2002 and March 2005. The fines are the first indecency actions by 
the commission since Kevin J. Martin, a Republican, became chairman last March.

F.C.C. officials said the fines, which can be appealed, were intended in 
part to make clear what type of material is allowed under F.C.C. standards. 
The decisions were specific to the programs cited, and did not provide more 
general comments.

The orders were notable for the breadth of programming cited, from 
Spanish-language music videos to live award shows. Complaints against 28 
programs were dismissed, but 20 shows were found to have violated decency 
standards. One show, "N.Y.P.D. Blue," was cited for indecency violations in 
eight separate episodes. Eleven programs were found to be indecent but were 
not fined.

The orders are in response to more than 300,000 consumer complaints about 
programming that viewers found indecent, profane or obscene.

Many complaints are lodged in large numbers by organized groups and not by 
independent viewers.

CBS defended the "Without a Trace" episode, saying the episode contained 
"an important and socially relevant storyline warning parents to exercise 
greater supervision of their teenage children."

The F.C.C. also upheld a $550,000 fine leveled at CBS for the Janet Jackson 
breast-baring incident during the halftime show at the 2004 Super Bowl.

In a statement last night, CBS said it continued to disagree that the 
incident was "legally indecent."

"More than two years ago we apologized to viewers for the inappropriate and 
unexpected halftime incident," the statement said. "We will continue to 
pursue all remedies necessary to affirm our legal rights. Today's decision 
by the F.C.C. is just another step in the process."

Michael K. Powell, the former chairman of the commission, was criticized 
for a hard line on indecency cases, but Mr. Martin appears to be taking an 
even tougher stance. He is also promising to speed the F.C.C.'s response 
time, vowing to address complaints within nine months of being lodged, said 
Tamara Lipper, a spokeswoman for the F.C.C.

Ms. Lipper said the orders could give broadcasters guidance in what is 
appropriate programming. "The commission is committed to a restrained, 
effective and consistent approach," she said.

Tim Winter, the executive director of the Parents Television Council, a 
conservative advocacy group, said the group believed that the law was 
applied properly "in every instance."

"We absolutely are elated by the rulings handed down by the F.C.C.," Mr. 
Winter said. "Where they could fine a broadcaster for breaking the law, 
they did so. We think this sends a very powerful signal that those who 
violate the law will be punished."

E. Christopher Murray, a civil rights lawyer at Reisman, Peirez & Reisman 
in Garden City, N.Y., said the decisions might have a chilling effect on 
broadcasters.

"The F.C.C., in its mind, is getting tougher on these kinds of programs," 
Mr. Murray said. "But there's going to be a difficult job for the TV 
networks to determine what's acceptable and what's not."


================================
George Antunes, Political Science Dept
University of Houston; Houston, TX 77204
Voice: 713-743-3923  Fax: 713-743-3927
antunes at uh dot edu



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