[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2056 Reported in Senate (RS)]

                                                       Calendar No. 471
108th CONGRESS
  2d Session
                                S. 2056

                          [Report No. 108-253]

   To increase the penalties for violations by television and radio 
   broadcasters of the prohibitions against transmission of obscene, 
                    indecent, and profane language.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            February 9, 2004

 Mr. Brownback (for himself, Mr. Graham of South Carolina, Mr. Allen, 
 Mr. Santorum, Mr. Stevens, Mr. Lott, Mr. Fitzgerald, Mr. Inhofe, Mr. 
Ensign, Mr. Roberts, Mr. Kyl, Mr. Sessions, Mr. Hagel, Mr. Miller, Ms. 
  Murkowski, Mrs. Dole, Mr. Enzi, Mr. Chambliss, Mr. Carper, and Mr. 
   Grassley) introduced the following bill; which was read twice and 
   referred to the Committee on Commerce, Science, and Transportation

                             April 5, 2004

  Reported by Mr. McCain with amendments and an amendment to the title
  [Omit the part struck through and insert the part printed in italic]

_______________________________________________________________________

                                 A BILL


 
   To increase the penalties for violations by television and radio 
   broadcasters of the prohibitions against transmission of obscene, 
                    indecent, and profane language.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

                       Title I--Broadcast Decency

Sec. 101. Short title; table of contents.
Sec. 102. Increase in penalties for obscene, indecent, and profane 
                            broadcasts.
Sec. 103. Additional factors in indecency penalties; exception.
Sec. 104. Indecency penalties for non-licensees.
Sec. 105. Voluntary industry code of conduct governing family 
                            television viewing.
Sec. 106. Deadlines for action on complaints.
Sec. 107. Required contents of annual reports of the Commission.
Sec. 108. Media ownership and indecent broadcast. 
Sec. 109. Implementation.

        Title II--Children's Protection From Violent Programming

Sec. 201. Short title; table of contents.
Sec. 202. Findings.
Sec. 203. Assessment of effectiveness of current rating system for 
                            violence and effectiveness of v-chip in 
                            blocking violent programming.
Sec. 204. Unlawful distribution of violent video programming that is 
                            not specifically rated for violence and 
                            therefore is not blockable.
Sec. 205. FTC study of marketing strategy improvements.
Sec. 206. Separability.
Sec. 207. Effective date.

                       TITLE I--BROADCAST DECENCY

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

SEC. 101. SHORT TITLE.

    This <DELETED>Act </DELETED>title may be cited as the ``Broadcast 
Decency Enforcement Act of 2004''.

<DELETED>SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND 
              PROFANE BROADCASTS.</DELETED>

SEC. 102. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE 
              BROADCASTS.

    (a) In General.--Section 503(b)(2) of the Communications Act of 
1934 (47 U.S.C. 503(b)(2)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively;
            (2) by inserting after subparagraph (B) the following new 
        subparagraph:
    ``(C) Notwithstanding subparagraph (A), if the violator is--
            ``(i)(I) a broadcast station licensee or permittee; or
            ``(II) an applicant for any broadcast license, permit, 
        certificate, or other instrument or authorization issued by the 
        Commission; and
        <DELETED>    ``(ii) determined by the Commission under 
        paragraph (1) to have broadcast obscene, indecent, or profane 
        language,</DELETED>
<DELETED>the amount of any forfeiture penalty determined under this 
subsection shall not exceed $275,000 for each violation or each day of 
a continuing violation, except that the amount assessed for any 
continuing violation shall not exceed a total of $3,000,000 for any 
single act or failure to act.''; and</DELETED>
                    ``(ii) determined by the Commission under paragraph 
                (1) to have broadcast obscene, indecent, or profane 
                language or images,
the amount of any forfeiture penalty determined under this subsection 
shall not exceed $275,000 for the first violation, $375,000 for the 
second violation, and $500,000 for the third and any subsequent 
violations, with each utterance constituting a separate violation, 
except that the amount assessed a licensee or permitee for any number 
of violations in a given 24-hour time period shall not exceed a total 
of $3,000,000. In determining the amount of any forfeiture penalty 
under this subparagraph, the Commission, in addition to the elements 
identified in subparagraph (E), shall take into account the violator's 
ability to pay, including such factors as the revenue and profits of 
the broadcast stations that aired the obscene, indecent, or profane 
language and the size of the markets in which these stations are 
located.''; and
            (3) in subparagraph (D), as redesignated by paragraph (1), 
        by striking ``subparagraph (A) or (B)'' and inserting 
        ``subparagraph (A), (B), or (C)''.
    (b) Revocation Proceedings for Multiple Violations of Indecency 
Prohibitions.--Section 312 of the Communications Act of 1934 (47 U.S.C. 
503) is amended by adding at the end the following new subsection:
    ``(h) Licence Revocation for Multiple Violations of Indecency 
Prohibitions.--If, in each of 3 or more proceedings during the term of 
a broadcast license for a broadcast station, a licensee is ordered to 
pay forfeitures for the broadcast of obscene, indecent, or profane 
material by either--
            ``(1) the Commission and such forfeitures have been paid, 
        or
            ``(2) a court of competent jurisdiction and such orders 
        have become final,
then the Commission shall commence a proceeding under subsection (a) 
with respect to that broadcast station to revoke the station license or 
construction permit of that licensee or permittee.''.

SEC. 103. ADDITIONAL FACTORS IN INDECENCY PENALTIES; EXCEPTION.

    Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 
503(b)(2)), as amended by section 102 of this Act, is further amended 
by adding at the end the following:
    ``(F) In the case of a violation in which the violator is 
determined by the Commission under paragraph (1) to have uttered 
obscene, indecent, or profane material, the Commission shall take into 
account, in addition to the matters described in subparagraph (E), the 
following factors with respect to the degree of culpability of the 
violator:
            ``(i) Whether the material uttered by the violator was live 
        or recorded, scripted or unscripted.
            ``(ii) Whether the violator had a reasonable opportunity to 
        review recorded or scripted programming or had a reasonable 
        basis to believe live or unscripted programming would contain 
        obscene, indecent, or profane material.
            ``(iii) If the violator originated live or unscripted 
        programming, whether a time delay blocking mechanism was 
        implemented for the programming.
            ``(iv) The size of the viewing or listening audience of the 
        programming.
            ``(v) The size of the market.
            ``(vi) Whether the violation occurred during a children's 
        television program (as such term is used in the Children's 
        Television Programming Policy referenced in section 73.4050(c) 
        of the Commission's regulations (47 C.F.R. 73.4050(c)) or 
        during a television program rated TVY, TVY7, TVY7FV, or TVG 
        under the TV Parental Guidelines as such ratings were approved 
        by the Commission in implementation of section 551 of the 
        Telecommunications Act of 1996, Video Programming Ratings, 
        Report and Order, CS Docket No. 97-55, 13 F.C.C. Rcd. 8232 
        (1998)), and, with respect to a radio broadcast station 
        licensee, permittee, or applicant, whether the target audience 
        was primarily comprised of, or should reasonably have been 
        expected to be primarily comprised of, children.
    ``(G) The Commission may double the amount of any forfeiture 
penalty (not to exceed $550,000 for the first violation, $750,000 for 
the second violation, and $1,000,000 for the third or any subsequent 
violation not to exceed up to $3,000,000 for all violations in a 24-
hour time period notwithstanding section 503(b)(2)(C)) if the 
Commission determines additional factors are present which are 
aggravating in nature, including--
            ``(i) whether the material uttered by the violator was 
        recorded or scripted;
            ``(ii) whether the violator had a reasonable opportunity to 
        review recorded or scripted programming or had a reasonable 
        basis to believe live or unscripted programming would contain 
        obscene, indecent, or profane material;
            ``(iii) whether the violator failed to block live or 
        unscripted programming;
            ``(iv) whether the size of the viewing or listening 
        audience of the programming was substantially larger than 
        usual, such as a national or international championship 
        sporting event or awards program; and
            ``(v) whether the violation occurred during a children's 
        television program (as defined in subparagraph (F)(vi)).''.

SEC. 104. INDECENCY PENALTIES FOR NON-LICENSEES.

    Section 503(b)(5) of the Communications Act of 1934 (47 U.S.C. 
503(b)(5) is amended--
            (1) by inserting ``(A)'' after ``(5)''.
            (2) by striking ``person'' the fourth place it appears in 
        the first sentence and inserting ``person--'';
            (3) by resetting the matter in the first sentence beginning 
        with ``(A)'', ``(B)'', and ``(C)'' as separate paragraphs 
        indented 2 ems from the left margin and redesignating them as 
        clauses (i), (ii), and (iii), respectively;
            (4) by resetting the third sentence as an indented 
        paragraph flush with the left margin and inserting ``(C)'' 
        before ``Whenever''; and
            (5) by amending the second sentence to read as follows:
    ``(B) The provisions of subparagraph (A) shall not apply--
            ``(i) if the person involved is engaging in activities for 
        which a license, permit, certificate, or other authorization is 
        required or is a cable television system operator;
            ``(ii) if the person involved is transmitting on 
        frequencies assigned for use in a service in which individual 
        station operation is authorized by rule pursuant to section 
        307(e);
            ``(iii) in the case of violations of section 303(q), if the 
        person involved is a nonlicensee tower owner who has previously 
        received notice of the obligations imposed by section 303(q) 
        from the Commission or the permittee or licensee who uses that 
        tower; or
            ``(iv) in the case of a determination that a person uttered 
        obscene, indecent, or profane material that was broadcast by a 
        broadcast station licensee or permittee, if the person is 
        determined to have willfully or intentionally made the 
        utterance and knew or should have known that the material would 
        be broadcast, but, notwithstanding any other provision of this 
        section, any person determined by the Commission to have 
        engaged in such activity shall be subject to a forfeiture 
        penalty not to exceed $500,000 for each violation.''.

SEC. 105. VOLUNTARY INDUSTRY CODE OF CONDUCT GOVERNING FAMILY 
              TELEVISION VIEWING.

    Notwithstanding any other provision of law, any State, regional, or 
national association of broadcasters or networks (including the 
National Association of Broadcasters), or any group of network 
affiliates may enter into a voluntary code of conduct providing a 
family viewing policy. The policy may include a requirement that 
entertainment programming inappropriate for viewing by a general family 
audience (including violent, indecent, or sexually explicit content) 
should not be broadcast during the first hour of network entertainment 
programming in prime time and in the immediately preceding hour.

SEC. 106. DEADLINES FOR ACTION ON COMPLAINTS.

    Section 503(b) of the Communications Act of 1934 (47 U.S.C. 503(b)) 
is further amended by adding at the end thereof the following new 
paragraph:
    ``(7) In the case of an allegation concerning the utterance of 
obscene, indecent, or profane material that is broadcast by a station 
licensee or permittee--
            ``(A) within 270 days after the date of the receipt of such 
        allegation, the Commission shall--
                    ``(i) issue the required notice under paragraph (3) 
                to such licensee or permittee or the person making such 
                utterance;
                    ``(ii) issue a notice of apparent liability to such 
                licensee or permittee or person in accordance with 
                paragraph (4); or
                    ``(iii) notify such licensee, permittee, or person 
                in writing, and any person submitting such allegation 
                in writing or by general publication, that the 
                Commission has determined not to issue either such 
                notice; and
            ``(B) if the Commission issues such notice and such 
        licensee, permittee, or person has not paid a penalty or 
        entered into a settlement with the Commission, within 270 days 
        after the date on which the notice was issued, the Commission 
        shall--
                    ``(i) issue an order imposing a forfeiture penalty; 
                or
                    ``(ii) notify such licensee, permittee, or person 
                in writing, and any person submitting such allegation 
                in writing or by general publication, that the 
                Commission has determined not to issue either such 
                order.''.

SEC. 107. REQUIRED CONTENTS OF ANNUAL REPORTS OF THE COMMISSION.

    The Federal Communications Commission shall submit a report each 
year to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Energy and Commerce that 
includes the following information:
            (1) The number of complaints received by the Commission 
        during the year covered by the report alleging that a broadcast 
        contained obscene, indecent, or profane material, and the 
        number of programs to which such complaints relate.
            (2) The number of complaints alleging that a broadcast 
        contained obscene, indecent, or profane material that have been 
        dismissed or denied by the Commission during the year to which 
        the report relates, regardless of when the complaints were 
        received.
            (3) The number of complaints on which action was pending at 
        the end of the period covered by the annual report.
            (4) The number of notices issued by the Commission under 
        paragraph (3) or (4) of section 503(b) of the Communications 
        Act of 1934 (47 U.S.C. 503(b)) during the year covered by the 
        report to enforce the statutes, rules, and policies prohibiting 
        the broadcasting of obscene, indecent, or profane material.
            (5) For each such notice, a statement of--
                    (A) the amount of the proposed forfeiture;
                    (B) the program, station, and corporate parent to 
                which the notice was issued;
                    (C) the length of time between the date on which 
                the complaint was filed and the date on which the 
                notice was issued; and
                    (D) the status of the proceeding.
            (6) The number of forfeiture orders issued pursuant to 
        section 503(b) of such Act during the year covered by the 
        report to enforce the statutes, rules, and policies prohibiting 
        the broadcasting of obscene, indecent, or profane material.
            (7) For each such forfeiture order, a statement of--
                    (A) the amount assessed by the final forfeiture 
                order;
                    (B) the program, station, and corporate parent to 
                which it was issued;
                    (C) whether the licensee has paid the forfeiture 
                order;
                    (D) the amount paid by the licensee; and
                    (E) in instances where the licensee refused to pay, 
                whether the Department of Justice brought an action in 
                Federal court to collect the penalty.

SEC. 108. MEDIA OWNERSHIP AND INDECENT BROADCAST.

    (a) Inquiry and Report Required.--The Comptroller General shall 
conduct a study examining the relationship between the horizontal and 
vertical consolidation of media companies and the number of complaints 
and violations of the indecency prohibitions contained in the statutes, 
regulations, and policies enforced by the Federal Communications 
Commission. The Comptroller General shall submit a report on the 
results of such study within 1 year after the date of enactment of this 
Act to the Senate Committee on Commerce, Science, and Transportation 
and the House of Representatives Committee on Energy and Commerce.
    (b) New Broadcast Media Ownership Rules Suspended.--
            (1) Suspension.--The broadcast media ownership rules 
        adopted by the Federal Communications Commission on June 2, 
        2003, pursuant to its proceeding on broadcast media ownership 
        rules, Report and Order FCC-03-127, published at 68 FR 46286, 
        August 5, 2003, shall be invalid and without legal effect until 
        the completion and submission of the report of the inquiry 
        required by subsection (a).
            (2) Reinstatement of previous broadcast media ownership 
        rules.--Until the completion and submission of the report of 
        the inquiry required by subsection (a), the broadcast media 
        ownership rules of the Federal Communications Commission that 
        were in effect on June 1, 2003, are reinstated as they were in 
        effect on June 1, 2003. Such rules shall be applied and 
        enforced both prospectively after the date of enactment of this 
        Act and retroactively to June 2, 2003, as if the media 
        ownership proceeding had not occurred.

SEC. 109. IMPLEMENTATION.

    (a) Regulations.--The Commission shall prescribe regulations to 
implement the amendments made by this title within 180 days after the 
date of enactment of this Act.
    (b) Prospective Application.--This title and the amendments made by 
this title shall not apply with respect to material broadcast before 
the date of enactment of this Act.
    (c) Separability.--Section 708 of the Communications Act of 1934 
(47 U.S.C. 608) shall apply to this title and the amendments made by 
this title.

        TITLE II--CHILDREN'S PROTECTION FROM VIOLENT PROGRAMMING

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Children's Protection from Violent 
Programming Act''.

SEC. 202. FINDINGS.

    The Congress makes the following findings:
            (1) Television influences children's perception of the 
        values and behavior that are common and acceptable in society.
            (2) Broadcast television, cable television, and video 
        programming are--
                    (A) uniquely pervasive presences in the lives of 
                all American children; and
                    (B) readily accessible to all American children.
            (3) Violent video programming influences children, as does 
        indecent programming.
            (4) There is empirical evidence that children exposed to 
        violent video programming at a young age have a higher tendency 
        to engage in violent and aggressive behavior later in life than 
        those children not so exposed.
            (5) There is empirical evidence that children exposed to 
        violent video programming have a greater tendency to assume 
        that acts of violence are acceptable behavior and therefore to 
        imitate such behavior.
            (6) There is empirical evidence that children exposed to 
        violent video programming have an increased fear of becoming a 
        victim of violence, resulting in increased self-protective 
        behaviors and increased mistrust of others.
            (7) There is a compelling governmental interest in limiting 
        the negative influences of violent video programming on 
        children.
            (8) There is a compelling governmental interest in 
        channeling programming with violent content to periods of the 
        day when children are not likely to comprise a substantial 
        portion of the television audience.
            (9) A significant amount of violent programming that is 
        readily accessible to minors remains unrated specifically for 
        violence and therefore cannot be blocked solely on the basis of 
        its violent content.
            (10) Age-based ratings that do not include content rating 
        for violence do not allow parents to block programming based 
        solely on violent content thereby rendering ineffective any 
        technology-based blocking mechanism designed to limit violent 
        video programming.
            (11) The most recent study of the television ratings system 
        by the Kaiser Family Foundation concludes that 79 percent of 
        violent programming is not specifically rated for violence.
            (12) Technology-based solutions, such as the V-chip, may be 
        helpful in protecting some children, but cannot achieve the 
        compelling governmental interest in protecting all children 
        from violent programming when parents are only able to block 
        programming that has, in fact, been rated for violence.
            (13) Restricting the hours when violent programming can be 
        shown protects the interests of children whose parents are 
        unavailable, unable to supervise their children's viewing 
        behavior, do not have the benefit of technology-based 
        solutions, are unable to afford the costs of technology-based 
        solutions, or are unable to determine the content of those 
        shows that are only subject to age-based ratings.
            (14) After further study, pursuant to a rulemaking, the 
        Federal Communications Commission may conclude that content-
        based ratings and blocking technology do not effectively 
        protect children from the harm of violent video programming.
            (15) If the Federal Communications Commission reaches the 
        conclusion described in paragraph (14), the channeling of 
        violent video programming will be the least restrictive means 
        of limiting the exposure of children to the harmful influences 
        of violent video programming.

SEC. 203. ASSESSMENT OF EFFECTIVENESS OF CURRENT RATING SYSTEM FOR 
              VIOLENCE AND EFFECTIVENESS OF V-CHIP IN BLOCKING VIOLENT 
              PROGRAMMING.

    (a) Report.--The Federal Communications Commission shall--
            (1) assess the effectiveness of measures to require 
        television broadcasters and multichannel video programming 
        distributors (as defined in section 602(13) of the 
        Communications Act of 1934 (47 U.S.C. 522(13)) to rate and 
        encode programming that could be blocked by parents using the 
        V-chip undertaken under section 715 of the Communications Act 
        of 1934 (47 U.S.C. 715) and under subsections (w) and (x) of 
        section 303 of that Act (47 U.S.C. 303(w) and (x)) in 
        accomplishing the purposes for which they were enacted; and
            (2) report its findings to the Committee on Commerce, 
        Science, and Transportation of the United States Senate and the 
        Committee on Energy and Commerce of the United States House of 
        Representatives, within 12 months after the date of enactment 
        of this Act and annually thereafter.
    (b) Action.--If the Commission finds at any time, as a result of 
its ongoing assessment under subsection (a), that the measures referred 
to in subsection (a)(1) are insufficiently effective, then the 
Commission shall complete a rulemaking within 270 days after the date 
on which the Commission makes that finding to prohibit the distribution 
of violent video programming during the hours when children are 
reasonably likely to comprise a substantial portion of the audience.
    (c) Definitions.--Any term used in this section that is defined in 
section 715 of the Communications Act of 1934 (47 U.S.C. 715), or in 
regulations under that section, has the same meaning as when used in 
that section or in those regulations.

SEC. 204. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING THAT IS 
              NOT SPECIFICALLY RATED FOR VIOLENCE AND THEREFORE IS NOT 
              BLOCKABLE.

    Title VII of the Communications Act of 1934 (47 U.S.C. 701 et seq.) 
is amended by adding at the end the following:

``SEC. 715. UNLAWFUL DISTRIBUTION OF VIOLENT VIDEO PROGRAMMING NOT 
              SPECIFICALLY BLOCKABLE BY ELECTRONIC MEANS.

    ``(a) Unlawful Distribution.--It shall be unlawful for any person 
to distribute to the public any violent video programming not blockable 
by electronic means specifically on the basis of its violent content 
during hours when children are reasonably likely to comprise a 
substantial portion of the audience.
    ``(b) Rulemaking Proceeding.--The Commission shall conduct a 
rulemaking proceeding to implement the provisions of this section and 
shall promulgate final regulations pursuant to that proceeding not 
later than 9 months after the date of enactment of the Children's 
Protection from Violent Programming Act. As part of that proceeding, 
the Commission--
            ``(1) may exempt from the prohibition under subsection (a) 
        programming (including news programs and sporting events) whose 
        distribution does not conflict with the objective of protecting 
        children from the negative influences of violent video 
        programming, as that objective is reflected in the findings in 
        section 551(a) of the Telecommunications Act of 1996;
            ``(2) shall exempt premium and pay-per-view cable 
        programming and premium and pay-per-view direct-to-home 
        satellite programming; and
            ``(3) shall define the term `hours when children are 
        reasonably likely to comprise a substantial portion of the 
        audience' and the term `violent video programming'.
    ``(c) Enforcement.--
            ``(1) Forfeiture penalty.--The forfeiture penalties 
        established by section 503(b) for violations of section 1464 of 
        title 18, United States Code, shall apply to a violation of 
        this section, or any regulation promulgated under it in the 
        same manner as if a violation of this section, or such a 
        regulation, were a violation of law subject to a forfeiture 
        penalty under that section.
            ``(2) License revocation.--If a person repeatedly violates 
        this section or any regulation promulgated under this section, 
        the Commission shall, after notice and opportunity for hearing, 
        revoke any license issued to that person under this Act.
            ``(3) License renewals.--The Commission shall consider, 
        among the elements in its review of an application for renewal 
        of a license under this Act, whether the licensee has complied 
        with this section and the regulations promulgated under this 
        section.
    ``(d) Definitions.--For purposes of this section--
            ``(1) Blockable by electronic means.--The term `blockable 
        by electronic means' means blockable by the feature described 
        in section 303(x).
            ``(2) Distribute.--The term `distribute' means to send, 
        transmit, retransmit, telecast, broadcast, or cablecast, 
        including by wire, microwave, or satellite, but it does not 
        include the transmission, retransmission, or receipt of any 
        voice, data, graphics, or video telecommunications accessed 
        through an interactive computer service as defined in section 
        230(f)(2) of the Communications Act of 1934 (47 U.S.C. 
        230(f)(2)), which is not originated or transmitted in the 
        ordinary course of business by a television broadcast station 
        or multichannel video programming distributor as defined in 
        section 602(13) of that Act (47 U.S.C. 522(13)).
            ``(3) Violent video programming.--The term `violent video 
        programming' as defined by the Commission may include matter 
        that is excessive or gratuitous violence within the meaning of 
        the 1992 Broadcast Standards for the Depiction of Violence in 
        Television Programs, December 1992.''.

SEC. 205. FTC STUDY OF MARKETING STRATEGY IMPROVEMENTS.

    The Federal Trade Commission shall continue to study the marketing 
of violent content by the motion picture, music recording, and computer 
and video game industries to children, including the improvements to 
marketing practices developed and implemented by those industries. The 
Commission shall update its study and report annually, including 
findings and recommendations, to the Senate Committee on Commerce, 
Science, and Transportation and the House of Representatives Committee 
on Energy and Commerce.

SEC. 206. SEPARABILITY.

    If any provision of this title, or any provision of an amendment 
made by this title, or the application thereof to particular persons or 
circumstances, is found to be unconstitutional, the remainder of this 
title or that amendment, or the application thereof to other persons or 
circumstances shall not be affected.

SEC. 207. EFFECTIVE DATE.

    The prohibition contained in section 715 of the Communications Act 
of 1934 (as added by section 204 of this title) and the regulations 
promulgated thereunder shall take effect 1 year after the regulations 
are adopted by the Commission.
    Amend the title so as to read: ``A bill to increase the penalties 
for violations by television and radio broadcasters of the prohibitions 
against transmission of obscene, indecent, and profane material, and 
for other purposes''.




                                                       Calendar No. 471

108th CONGRESS

  2d Session

                                S. 2056

                          [Report No. 108-253]

_______________________________________________________________________

                                 A BILL

   To increase the penalties for violations by television and radio 
   broadcasters of the prohibitions against transmission of obscene, 
                    indecent, and profane language.

_______________________________________________________________________

                             April 5, 2004

         Reported with amendments and an amendment to the title