HOMEPAGE > NEWSROOM

Press Release

For Immediate Release   Contact:  Sean C. Bonyun
June 14, 2006  (202) 225-3761

President Will Sign Upton Decency Bill into Law Tomorrow

Measure raises the fines for indecency from $32,500 to $325,000 Upton first introduced legislation to raise the fines tenfold in January 2004

WASHINGTON, DC - After nearly 2 ½ years since Congressman Fred Upton first introduced legislation to clean up the public airwaves, the President of the United States will sign Upton's legislation into law tomorrow morning, June 15th.  The legislation that President Bush will sign into law, S. 193, companion legislation to Upton's bill that last passed the House in February of 2005, increases the fines that the FCC can levy against broadcasters for indecency from $32,500 to $325,000.  Upton, chairman of the House Subcommittee on Telecommunications and the Internet, first introduced legislation to increase the fines for indecency tenfold in January of 2004.  On June 7th, S. 193 overwhelmingly passed the House by a vote of 379 to 35.  Upton will join the President for the signing ceremony tomorrow.

"I look forward to joining the President tomorrow morning, as we will conclude a 2 ½ year journey to deliver something of real value to families across the nation," said Upton.  "It seems that some broadcasters and shock jocks are engaged in a 'how low can you go?' mentality, constantly trying to outdo one another. The American public has said 'enough is enough' and they are demanding change.  Tomorrow, we let the public know that we've heard them loud and clear.  With the President's signature, broadcasters across the nation will think twice about pushing the envelope.  I am hopeful that this legislation will provide parents a little more comfort when their children turn on the TV or radio during the hours of 6:00am to 10:00pm."  

What the legislation affects is the public airwaves which are owned by the U.S. taxpayers.  Using public-owned airwaves comes with the responsibility to follow the FCC decency standards that apply to programming that airs during the family hours of 6:00am to 10:00pm - the likeliest times that children may be tuned in.  When a broadcaster applies for a license, they are agreeing to follow decency standards.  

The current cap for fines is $32,500 - to put that into perspective, a 30 second commercial aired during this year's Super Bowl cost $2.6 million - averaging more than $86,000 per second.  By raising the fines to $325,000, Upton is confident that broadcasters will think twice about pushing the envelope.

Timeline of Upton's decency legislation

January 14, 2004           Upton announces intention to introduce legislation to increase the fines the FCC can levy for indecent material broadcast over the public airwaves tenfold, from $27,500 to $275,000.

January 21, 2004           Upton introduces H.R. 3717, the Broadcast Decency Enforcement Act of 2004.

January 28, 2004           Upton chairs a Subcommittee on Telecommunications and the Internet hearing "An examination of the FCC's enforcement with respect to broadcast indecency."

February 1, 2004           Super Bowl 2004 - Janet Jackson incident

February 11, 2004          Upton chairs legislative subcommittee hearing on H.R. 3717 - all 5 FCC Commissioners, NFL Commissioner Paul Tagliabue and Viacom President Mel Karmazin testified.

February 12, 2004          The Subcommittee on Telecommunications and the Internet unanimously approves H.R. 3717.

February 26, 2004          Upton chairs a third subcommittee hearing on H.R. 3717 to hear from TV and radio executives.

March 3, 2004               H.R. 3717 is marked up and approved by the Energy and Commerce Committee 49 to 1.  During the markup, the fines were raised from $275,000 to $500,000.  Other improvements were made to the bill as well.

March 11, 2004             U.S. House passes Upton's bill 391 to 22.

June 22, 2004                U.S. Senate approves companion legislation 99 to 1.  The measure was included in the Senate Defense Authorization Bill.

September 7, 2004         FCC adjusts maximum fines from $27,500 to $32,500 to correspond with inflation.

December 8, 2004         108th Congress ends without the differences between the House and Senate bills being resolved.

January 25, 2005           At the beginning of the 109th Congress, Upton reintroduces decency legislation, H.R. 310, to raise the fines to $500,000.

January 26, 2005           Senator Sam Brownback (R-KS) introduces S.193, legislation to increase the fines tenfold from $32,500 to $325,000.

February 9, 2005           Energy and Commerce Committee approves the Broadcast Decency Enforcement Act, H.R. 310, by a vote of 46 to 2.

February 16, 2005          U.S. House approves H.R. 310 by a vote of 389 to 38.

May 19, 2006                U.S. Senate unanimously approves S.193, the Senate's companion legislation to H.R. 310.

June 6, 2006                  The U.S. House takes up S.193 under suspension.  Upton manages the debate on the House floor.  The vote was rolled until the following day.

June 7, 2006                  The House approves S.193 by a vote of 379 to 35 to raise the fines from $32,500 to $325,000 for indecent material broadcast over the public airwaves. 

June 15, 2006                President Bush to sign the measure into law.