TV Content Leads to Capitol Threat

Frustrated by the profanity and nudity on television that culminated with Janet Jackson and Justin Timberlake’s sexy Super Bowl dance, angry lawmakers Wednesday raised the prospect of expanding the fight against explicit content on television to cable networks for the first time.

In separate hearings, members of the House of Representatives and Senate told the Federal Communications Commission and the president of Viacom Inc. that fines could just be the beginning of a new crackdown on profanity and indecency on the nation’s airwaves. Most immediately, they appear headed toward passing legislation that would increase tenfold the fine on television and radio broadcasters that violate the FCC decency rules, to a maximum of $275,000 per violation.

A House committee is expected to approve a version of the bill today while senators, not to be left out, have introduced a similar bill.

Lawmakers -- including Republicans usually wary of government regulation -- raised the possibility of getting even tougher, such as passing a “three strikes and you’re off the air” law that would revoke the FCC licenses of repeat offenders.

Reformers who focus on network television are missing “85% of the story,” because 85% of Americans get their television programming from cable and satellite TV, FCC Chairman Michael K. Powell told senators.

In the clearest sign yet that elected officials may be ready to take even more dramatic action, Sen. John McCain (R-Ariz.) favored a suggestion by the Consumers Union that Congress require cable and satellite operators to offer a la carte programming in which people pick and pay only for the channels they want.

Under pressure to be more proactive, Powell had asked a day earlier for more voluntary reforms from both cable and broadcast groups. In a letter to Robert Sachs, president of National Cable and Telecommunications Assn., Powell said that while “much of the focus has been on broadcast programming, I believe the cable industry cannot completely ignore the discontent.” He asked the National Assn. of Broadcasters for the reinstatement of a voluntary code of conduct that might also include outreach and delays of live, unscripted shows.

Congressional unhappiness about indecency crystallized with the Super Bowl halftime show, which was broadcast by CBS and produced by cable network MTV. Both CBS and MTV are owned by Viacom. Some of what has been considered the most outrageous language has shown up on cable TV, including in shows such as “The Osbournes” on MTV and “The Shield” on FX.

Congress would have to change rules governing the FCC before the commission could expand its oversight of cable TV. Because cable is a subscription service that does not use the public airwaves, it has historically been beyond FCC jurisdiction. But in the wake of the halftime show Feb. 1, Congress may be willing to give the FCC greater authority over cable.

“I understand that Congress has been a reluctant body when legislating on the issue of speech,” Rep. John D. Dingell of Michigan, top Democrat on the House Energy and Commerce Committee, said. “But we find ourselves faced with an industry that has failed to control itself.”

Several lawmakers took the FCC to task for failing to take more aggressive action against explicit radio and TV broadcasts. “How can the f-word not be vulgar?” Sen. Sam Brownback (R-Kan.) asked Powell, referring to the FCC’s holding in October that exonerated NBC for airing the profanity, reasoning that it was used as an adjective rather than a noun. The commission is considering whether to overrule its enforcement bureau in that case.

Sen. Ernest F. Hollings (D-S.C.) called FCC actions slaps on the wrist. He quoted Powell to himself as telling broadcasters that “our society is robust” and rather than stamping out unpopular ideas, “we can adapt and tolerate” them. “Do you think you’ll ever revoke a license?” Hollings asked.

Powell said he was proud to be associated with the 1st Amendment and that he would consider revocation when the facts justified it. “We’re not a star chamber,” he said adding that he wouldn’t go after an individual network “just to make a point.”

During a hearing by the House subcommittee on Telecommunications and the Internet, lawmakers grilled Mel Karmazin, Viacom president and chief operating officer.

Even before Karmazin testified, he was subjected to more than an hour of complaining by lawmakers -- even some of those usually friendly to Hollywood -- about sex, violence and profanity on radio and TV.

“We are outraged,” said Rep. Mary Bono (R-Palm Springs). “The American people have finally said, ‘Enough!’ ”

Karmazin said, “The problem is the current vagueness in how indecency is defined.”

“What we need is a road map,” he said. “It is not clear exactly what is meant by indecency.”

All four major networks had been invited to appear at the hearings by the Democratic minorities, but only Karmazin showed up. Fox and NBC said their chief executives had scheduling conflicts and lawmakers weren’t interested in substitutes.

Each network has sent a letter in response to Dingell’s request for feedback. ABC, NBC and Fox defended the use of the f-word in the context of quality programs such as “Saving Private Ryan.” Fox did not endorse increased FCC fines, but NBC said it would support them in the case of multiple offenders. While Fox endorsed a “cautious approach,” CBS had its own suggestion for the FCC.

“The FCC should undertake a full rule-making proceeding in which all interested parties can participate so that the constitutional parameters of indecency enforcement can be made as intelligible as possible.” The FCC has never had such a meeting, “nor tried to find a means to ascertain the required contemporary community standard for indecency,” said Martin D. Franks, executive vice president of CBS Television.

FCC Commissioner Michael Copps said media giants such as Viacom and Clear Channel are “not scared with what the FCC’s done in the last year or two. They’re not quaking in their boots now. I don’t know if we have risen yet to the level of annoyance. Maybe a prepubescent mosquito with high hopes.”

Several lawmakers, noting Wednesday’s announcement that Comcast would bid to take over Walt Disney Co., saw a sign of increasing corporate control. That sort of control makes it hard for local affiliates or independently owned stations to pull programs that would offend local standards, they said.

Rep. Christopher Cox (R-Newport Beach) said: “This isn’t about the Super Bowl halftime show. It’s about a much deeper problem that’s been festering for a long time. We don’t need to achieve a consensus on exactly which words and images are appropriate for public display, because so much of what is now broadcast on the public airwaves is so far over the line.”

Karmazin told the committee, “We apologized immediately to our audience, and I apologize here again to all of you. This should not have happened.”

He noted that the network already has taken steps, such as establishing a five-minute delay on the Grammy’s and “for the first time in our history instructed our television stations that when they are broadcasting live programs [excluding news] they will from now on broadcast not just on an audio delay but on a video delay.”

Karmazin pledged “we will take every precaution to follow whatever laws congress enacts, the FCC implements and the courts uphold ... “