Las Vegas Sun

March 29, 2024

Decency standard may be hot topic at NAB forum

An expected 90,000 radio and television industry executives and regulators from around the world will begin descending on Las Vegas this weekend for the annual National Association of Broadcasters convention.

One topic of conversation is sure to be decency, a topic fueled in recent months by singer Janet Jackson's Super Bowl "wardrobe malfunction" and fines by federal regulators against radio shock jock Howard Stern.

While Federal Communications Commission Chairman Michael Powell has called for increased scrutiny of questionable programming and is likely to press the issue at NAB in Las Vegas, broadcasters have asked for the opportunity to govern themselves.

"Broadcasters are committed to a plan of voluntary action to deal with the issue of responsible programming," NAB Chief Executive Edward Fritts said this month in announcing the Task Force on Responsible Programming. "Given the serious First Amendment concerns surrounding issues related to program content, it is our strong belief that voluntary industry initiatives are far preferable to government regulation."

That task force is scheduled to hold its first meeting during the Las Vegas convention. The ultimate role of the task force is still being worked out, but the group will examine self-governance options in an effort to fend off regulatory action. One proposed option is the implementation of a yet-to-be-crafted NAB Code of Conduct.

Bob Fisher, chief executive of the Nevada Broadcasters Association, said there are more important issues for regulators to debate than decency. In particular, he said television stations continue to wait for an FCC ruling on how the final transition to digital broadcasting will be handled.

Digital cable provides a higher-quality signal for stations. It also allows cable operators to offer more channels -- as well as services such as high-definition television and on-demand pay-per-view movies -- with the same amount of spectrum space as traditional analog cable service. Digital, however, requires a special converter -- and additional fees -- for most televisions to receive the signal.

The transition is a disconcerting issue for broadcasters since station owners have spent millions of dollars on new equipment to deliver the signal. Cable operators, however, are not required to carry the digital signal, leaving stations without added revenue to cover the transition cost. Cable companies argue that forcing them to carry the new signals could mean the elimination of other digital cable services.

In Las Vegas that issue is muted. Seven major Las Vegas stations have digital broadcast capability. Cox Communications, the dominant local cable operator, has agreed to carry all of those digital signals. Fisher, however, said the debate remains contentious around the state and the nation, and the confusion doesn't end there.

When the digital transition began, the FCC gave stations additional spectrum space to offer both digital and analog signals. Now, the FCC has indicated that it might require stations to return the additional spectrum carrying analog signals as soon as 2006.

That brings up questions as to how viewers who do not want to pay extra for digital cable would see those channels.

While Fisher said those issues are far more pressing than the debate over decency, many broadcasters are prepared for a decency debate anyway.

Susan Lucas, general manager of KVVU Channel 5 (Fox), said the current political climate is more suited for protecting children from indecency than conversations about spectrum space and station budget constraints.

"It is an election year," she said.

James Rogers is chief executive of Sunbelt Communications Co., owner of KVBC Channel 3, the Las Vegas NBC affiliate.

"I would like to see the FCC be less of a regulatory body," Rogers said. "The needs of communities are different. I don't think the FCC should be involved in programming."

Powell's comments on the issue remain harsh.

"We see increasing -- I might even say escalating -- complaints from the public because increasingly it seems the media is not playing close to the line, but is outright leaping past the line and in fact daring the audience and daring the government to do anything about it," he said at a recent NAB summit meeting. "Some of the transcripts I have been forced to read reveal content that is pure trash, plain and simple, and few, other than staunch libertarians, could possibly stand up and defend it publicly."

When they are not debating decency, NAB attendees are expected to contribute $125.6 million in non-gaming economic impact into the local economy.

The convention begins with a series of technical conferences this weekend. The exhibit hall and keynote presentations begin with an All-Industry Opening Ceremony Monday at 9 a.m.

That event will feature a speech by Fritts and Hewlett-Packard Co. Chief Executive Carly Fiorina.

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