II 109th CONGRESS 1st Session S. 193 IN THE SENATE OF THE UNITED STATES January 26, 2005 Mr. Brownback (for himself, Mr. Graham, Mr. Allen, Mr. Lieberman, Mr. DeMint, Mr. Santorum, Mr. Hagel, Mr. McCain, Mr. Sessions, Mrs. Dole, Mr. Inhofe, Mr. Enzi, Mr. Thune, Mr. Lott, Mr. Kyl, Mr. Martinez, Mr. Grassley, Mr. Pryor, Mr. Roberts, Mr. Ensign, Mrs. Lincoln, and Mr. Thomas) introduced the following bill; which was read twice and referred to the Committee on Commerce, Science, and Transportation A BILL To increase the penalties for violations by television and radio broadcasters of the prohibitions against transmission of obscene, indecent, and profane language.

1.

Short title

This Act may be cited as the Broadcast Decency Enforcement Act of 2005.

2.

Increase in penalties for obscene, indecent, and profane broadcasts

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 (ii) determined by the Commission under paragraph (1) to have broadcast obscene, indecent, or profane language, the amount of any forfeiture penalty determined under this subsection shall not exceed $325,000 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 (3) in subparagraph (D), as redesignated by paragraph (1), by striking subparagraph (A) or (B) and inserting subparagraph (A), (B), or (C).