[Federal Register Volume 60, Number 166 (Monday, August 28, 1995)]
[Rules and Regulations]
[Page 44439]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-21247]



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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 73

[GC Docket No. 92-223; FCC 95-346]


Broadcast Indecency

AGENCY: Federal Communications Commission.

ACTION: Final rule.

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SUMMARY: The Commission is amending its rules on enforcement of 
prohibitions against broadcast indecency so as to be in compliance with 
the instructions given by the United States Court of Appeals for the 
D.C. Circuit in Action for Children's Television v. FCC. The intended 
effect of the Court's instruction is to make the time periods during 
which the indecency ban applies the same for both public broadcasters 
and commercial broadcasters.

EFFECTIVE DATE: August 28, 1995.

FOR FURTHER INFORMATION CONTACT:
Steve Bailey, Office of General Counsel, (202) 418-1720.

SUPPLEMENTARY INFORMATION:

Memorandum Opinion and Order

    Adopted: August 7, 1995.
    Released: August 18, 1995.

    By the Commission:
    1. By this Order, the Commission conforms its rules to comply with 
the instructions given by the United States Court of Appeals for the 
District of Columbia Circuit in Action for Children's Television v. 
FCC, No. 92-1092 (decided en banc June 30, 1995; mandate issued July 
12, 1995). Although the Court generally upheld the Commission's 
implementation of Section 16(a) of the Public Telecommunications Act of 
1992, Pub. L. No. 102-356, 106 Stat. 949 (1992), relating to the 
prohibition on indecent programming by broadcast stations, it remanded 
the case to the Commission ``with instructions to limit its ban on the 
broadcasting of indecent programs to the period from 6:00 a.m. to 10:00 
p.m.'' Id., slip op. at 30. The effect of the Court's instruction is to 
make the time periods during which the indecency ban applies the same 
for both public broadcasters and commercial broadcasters. Thus, we are 
hereby amending Section 73.3999 of the Commission's Rules, 47 C.F.R. 
Sec. 73.3999, to provide that no licensee of a radio or television 
broadcast station shall broadcast on any day between 6 a.m. and 10 p.m. 
any material which is indecent.
    2. Accordingly, it is ordered, That Section 73.3999 of the 
Commission's Rules, 47 CFR Sec. 73.399, is amended as set forth below.

List of Subjects in 47 CFR Part 73

    Radio broadcasting, Television broadcasting.

Federal Communications Commission.
William F. Caton,
Acting Secretary.

Appendix--Amendatory Text

    Part 73, Chapter I of Title 47 of the Code of Federal Regulations 
is amended as follows:

PART 73--RADIO BROADCAST SERVICES

    1. The authority citation for Part 73 continues to read as follows:

    Authority: 47 U.S.C. 154, 303, 334.

    2. Section 73.3999 is revised to read as follows:


Sec. 73.3999  Enforcement of 18 U.S.C. 1464 (restrictions on the 
transmission of obscene and indecent material).

    (a) No licensee of a radio or television broadcast station shall 
broadcast any material which is obscene.
    (b) No licensee of a radio or television broadcast station shall 
broadcast on any day between 6 a.m. and 10 p.m. any material which is 
indecent.

[FR Doc. 95-21247 Filed 8-25-95; 8:45 am]
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