[What a complete waste of resources. The FCC is now behaving like an 
obsessed high school principal in a 1950s sit-com. It's not like the 
Commission doesn't have anything important to do.]

FCC combing air tapes for dirty words

Wed Jul 12, 2006 1:34 AM EDT

By Brooks Boliek
Reuters/Hollywood Reporter

http://ca.today.reuters.com/news/newsArticle.aspx?type=entertainmentNews&storyID=2006-07-12T053437Z_01_N12208196_RTRIDST_0_ENTERTAINMENT-MEDIA-INDECENCY-COL.XML&archived=False


WASHINGTON (Hollywood Reporter) - In its continuing crackdown on on-air 
profanity, the FCC has requested numerous tapes from broadcasters that 
might include vulgar remarks from unruly spectators, coaches and athletes 
at live sporting events, industry sources said.

Tapes requested by the commission include live broadcasts of football games 
and NASCAR races where the participants or the crowds let loose with an 
expletive. While commission officials refused to talk about its requests, 
one broadcast company executive said the commission had asked for 30 tapes 
of live sports and news programs.

"It looks like they want to end live broadcast TV," said one executive, who 
spoke only on the condition of anonymity. "We already know that they aren't 
afraid to go after news."


NO SLIPS ALLOWED

While live programming always has been problematic for broadcasters, it has 
become even more difficult under tougher commission rules approved in 2004. 
The new rules found that virtually any use of certain expletives will be 
considered profane and indecent, even if it is a slip of the tongue. In a 
March decision, the FCC found that the CBS news program "The Early Show" 
violated its indecency rules because of a profane slip-up but did not issue 
a fine because the incident occurred before the new rules were instituted.

Live sports -- amateur, college and professional -- have long been a 
broadcast programming staple. Broadcasters have spent enormous amounts of 
money and energy to come up with ways to give audiences a better feel for 
the action. As broadcasters vie for viewers, technical advances that 
include such things as on-field microphones and in-car cameras have become 
as important as the announcers.

"I don't know how they are going to rule, but they asked us for tapes with 
a specific emphasis on crowd noise," said another TV executive, who also 
requested anonymity. "If some bozo in the crowd calls the ref an asshole, 
the commission is asking for a copy of the tape."

A live, on-field event -- albeit when no athletes were on the field -- 
during the 2004 Super Bowl halftime show, when Janet Jackson's breast was 
accidentally bared, helped reignite Washington's interest in the indecency 
issue. Since then there has been a highly charged fight at the commission 
about just how far the commission can go in restricting broadcasts.


OPINION DIVIDED

Broadcasters last week split over whether the commission should be allowed 
to get one of the premier indecency cases back from the federal court in 
New York.

In a series of motions filed Friday in federal court in New York, Fox and 
its affiliate group, CBS and NBC opposed an attempt this week by the FCC to 
get a key indecency case back from the court.

The commission this month asked the same federal court for more time to 
consider affiliates' arguments that the agency erred in March when it 
decided variations of the words "fuck" and "shit" likely are to be indecent 
whenever broadcast, even if the words are uttered accidentally.

A delay would let affiliates contest the decisions before the commission. 
The FCC contends that this is a necessary step before arguing in court. The 
agency said ABC, NBC and CBS affiliates backed its request.

Under federal court rulings and commission rules, material is indecent if 
it "in context, depicts or describes sexual or excretory activities or 
organs in a patently offensive manner as measured by contemporary community 
standards for the broadcast medium." Indecent speech can be aired safely 
between 10 p.m. and 6 a.m.

Under a new law approved by Congress and signed by President Bush, 
broadcasters face fines of as much as $325,000 per violation, up from a 
previous maximum of $32,500.

Reuters/Hollywood Reporter


================================
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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