FCC chief defends agency’s crackdown on indecency

Kevin Rademacher

Wednesday, April 21, 2004 | 10:39 a.m.

Federal Communication Commission Chairman Michael Powell has drawn criticism from broadcasters for what has been seen as an aggressive crusade against indecency.

Speaking to a Tuesday morning crowd at the National Association of Broadcasters convention in Las Vegas, Powell said he is merely doing his job.

"I think its a misconception that this is something new," he said, explaining that the existing decency statutes are decades old. The only difference now is the fact that previous commissions enforced those statutes to "varying degrees," he said.

Powell also said that the commission has acted in direct response to complaints from the public, amid what he described as an escalation in the broadcast of questionable material, from radio broadcasts like Howard Stern's controversial show to Janet Jackson's Super Bowl incident.

In 2002, the FCC received 14,000 decency complaints from the public. That number jumped to 250,000 in 2003. Just four months into 2004, the FCC has already received 540,000 complaints.

"We are being responsive to public concern," Powell said.

Powell said the only changes in enforcement by the commission was a move to swift action on violations of the existing decency statutes and an increase in fines.

"The increase in the substantiality of our enforcement is a response to the perception (that previous enforcement actions) were not having the effect Congress had intended," he said.

The chairman also cautioned broadcasters who have pushed for the FCC to create a specific parameters for indecency.

"You do not want the government to write a Red Book of what you can say and what you can't," Powell said.

Such specifics would prevent regulators from weighing specific factors that surround specific incidents called into question. Similarly, Powell pointed out that federal antitrust statutes are relatively vague, allowing regulators to weigh pertinent circumstances.

In a separate NAB session later Tuesday, Steve Baboulis, vice president and general manager of WNYT, an NBC Network affiliate in Albany, N.Y., challenged FCC commissioners. He said local broadcasters were frustrated about being dragged into feuds that originate at the network level, especially when local broadcasters are working to provide public services like airtime for political debate in their communities.

"We need you to put balance on this thing," Baboulis said.

The commissioners responded positively to his remarks but emphasized that local broadcasters still bear some responsibility.

"This is not a business for the faint of heart," said Commissioner Kathleen Abernathy. "We appreciate everything local broadcasters do, but to the extent that you cross the line we are going to nail you for it."

Local broadcasters also have pressed for the extension of decency rules to cable and satellite television channels. Baboulis said a good deal of the recent decency furor has been sparked by the content of cable programs, such as "The Sopranos."

Commissioner Michael Copps indicated that such a regulatory move should be examined.

"I think we do need to move in that direction," he said, adding that current statutes do not allow that reach.

Commissioners, as well as Powell, indicated that such a change in policy would need to be opened up by Congress or the Supreme Court.

"I think we would be on safer Constitutional ground with some guidance from Congress," said Commissioner Jonathan Adelstein.

Powell agreed.

"I don't think the First Amendment should change when you change the channel," he said.