FCC is expected to tighten decency standards

Thursday, February 23, 2006

By NEIL ROLAND
BLOOMBERG NEWS

The Federal Communications Commission plans sanctions against Fox, CBS and NBC television stations or affiliates for violating decency standards, signaling a renewed effort by the Bush administration to crack down on broadcasters, people familiar with the matter said.

The rulings, which may come as early as this week, will be the first under FCC Chairman Kevin Martin and will add the common expletive for excrement to words that cannot be said on the air in almost any context, said four FCC officials who asked not to be identified. The new prohibition stems from a 2003 appearance on Fox by celebrity Nicole Richie, they said.

Martin, who succeeded fellow Republican Michael Powell as chairman in March 2005, called for tougher penalties as a commissioner. While tightening restrictions on what broadcasters can air, Martin also would provide the additional guidance they have sought by issuing rulings on about 40 cases at once.

"Releasing a large number of cases at one time is a very good idea because it provides clarity to companies trying to figure out what is and isn't permitted," said former FCC Chairman Reed Hundt, a Democrat who served under President Clinton. "No one knew what Chairman Powell thought was right and wrong."

Among the decisions, the first FCC indecency rulings in 14 months, are findings against News Corp.'s Fox for broadcasting celebrity Richie saying "s---" and "f------" at the 2003 Billboard Music Awards, the FCC officials said. The vulgarity for intercourse has since been banned in most contexts.

The FCC also will affirm its $550,000 fine against CBS for its 2004 Super Bowl halftime show in which singer Janet Jackson's breast was bared, they said.

The Jackson incident triggered a public and congressional uproar that caused the Powell-led FCC to impose a record $7.9 million in fines in 2004. As the pressure waned, the agency issued no citations last year.

Of the dozen rulings against stations, expected within the next two weeks, about six will involve fines. None of the fines is likely to approach the FCC's record $3.5 million settlement with Viacom in 2004 over complaints about radio host Howard Stern, the officials said.

The other sanctions will simply be findings of violations that let other broadcasters know they may be fined if they commit the same infraction. In the remainder of the 40 cases, the FCC will find that complaints against the broadcasters were without merit, the officials said.

Martin plans to release rulings involving radio stations later, the officials said.

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