Advertisement
Advertisement
Home
This Week's Telecom Sked
In Brief...
The 'Network Neutrality' Issue: Recent Stories
The Digital Television Issue: Recent Stories
David Hatch: Wired In Washington
E-mail Alert
About Us
Contacts
Privacy Policy
Advertise

Dear Reader:

We wanted to let you know that, after nearly three years of operation on the World Wide Web, National Journal's Insider Update: The Telecom Act ceased publication as of January 1, 2008.

We took this step at a time when the National Journal Group is moving to increase technology coverage -- including reporting on telecommunications and broadcasting issues -- in several of its other publications. In particular, National Journal's CongressDaily -- our twice daily publication for Capitol Hill insiders -- will be adding staff in the coming weeks for this purpose.

CongressDaily will feature the kind of detailed coverage of telecom issues, both on Capitol Hill and at the Federal Communications Commission, that you are accustomed to seeing in Insider Update -- plus a lot more.

If you are interested in a trial subscription to CongressDaily, please call 800-424-2921 or e-mail us at memberships@nationaljournal.com. Thank you for your readership and support of Insider Update, and please don't hesitate to write to me at lpeck@nationaljournal.com if you have any questions or concerns.

With best regards,
Lou Peck Editor In Chief

« Watchdogs Laud Ruling On Expletives | Main | Rep. Boucher's Bill Would OK Muni Services »

FCC Chief Revives Per-Channel Pricing Call

By David Hatch

(Monday, June 4) FCC Chairman Kevin Martin called for "content-neutral solutions" to give parents more control over television programming after an appeals court vacated an agency decision that imposed penalties for swear words uttered on the Fox network.

"Permitting parents to have more choice in the channels they receive may prove to be the best solution to content concerns," Martin said in a statement. He argued that per-channel pricing, a concept known as a la carte that the cable industry fiercely resists, "would avoid government regulation of content" while enabling viewers to receive only the programming they want.

A cable industry source responded in an interview that a la carte would not have made a difference in the instances that prompted FCC action because the show at the center of the controversy -- the 2002 and 2003 Billboard Music Awards -- was rated as family friendly. "A la carte can't regulate content on a program-by-program basis," the source said.

At issue is a 2-to-1 ruling by the 2nd U.S. Circuit Court of Appeals that overturned 2006 FCC penalties for uses of 'f---' and s---' by entertainers Cher and Nicole Richie. Their comments occurred during the awards ceremony.

The court decision has rippled throughout Washington, New York and Hollywood, prompting consternation, applause and renewed debate over parental controls and ratings icons.

"I find it hard to believe that the New York court would tell American families that 's---' and 'f---' are fine to say on broadcast television during the hours when children are most likely to be in the audience," Martin, a Republican, wrote in an unusually strong reaction.

But the court determined that the fleeting usage was not indecent or profane, as the FCC had concluded. "Repeated use of those words in [the acclaimed World War II movie] 'Saving Private Ryan,' for example, was neither indecent nor profane," the court noted. It said both words have several meanings and are used in various contexts.

Senate Commerce Chairman Daniel Inouye, D-Hawaii, urged the FCC to swiftly appeal to the U.S. Supreme Court. "It is disappointing that a divided 2nd Circuit panel chose to invalidate the FCC's efforts to combat the gratuitous use of offensive language on broadcast television," Inouye wrote.

The Parents Television Council, which lobbied successfully last year for higher "indecency" fines and is spearheading this year's crackdown on TV violence, said the decision "has cleared the way for the television networks to use the f-word and s-word in front of children during any time of the day."

But the National Association of Broadcasters and other TV and Hollywood groups were pleased. "This is a timely opinion as public policymakers weigh the merits of further program content restrictions," spokesman Dennis Wharton said in a release. "NAB has long believed that responsible industry self-regulation is preferable to government regulation."

n an interview, a network TV lobbyist said the ruling could undermine efforts by the FCC and Congress to regulate excessive violence, which faces a tougher constitutional hurdle than restricting indecency.


Copyright 2007 by National Journal Group Inc.
The Watergate 600 New Hampshire Ave., NW Washington, DC 20037
202-739-8400 fax 202-833-8069
National Journal's Insider Update is an Atlantic Media publication.