Week 8: Blog

The Federal Communication Commission (FCC)

How to file a complaint if there is indecency on a radio or television broadcast:

1. Must provide information regarding the details of what was actually said or depicted during the broadcast.

The complainant may choose the format for providing the information, but it must be sufficiently detailed so that the FCC can determine the words or language used, or the images or scenes depicted during the broadcast and the context of those words, language, images, or scenes. Subject matter alone is not sufficient to determine whether material is obscene, indecent, or profane. For example, stating only that the objectionable programming “discussed sex” or had a “disgusting discussion of sex” is not sufficient. Moreover, the FCC must know the context when analyzing whether specific, isolated words or images are obscene, indecent, or profane. The FCC does not require complainants to provide tapes or transcripts in support of their complaints. Consequently, failure to provide a tape or transcript of a broadcast, in and of itself, will not lead to automatic dismissal or denial of a complaint. Nonetheless, a tape or transcript is helpful in processing a complaint and, if available, should be provided.

2. The date and time of the broadcast.

Under federal law, if the FCC assesses a monetary forfeiture against a broadcast station for violation of a rule, it must specify the date the violation occurred. Accordingly, it is important that complainants provide the date the material in question was broadcast. Indecent or profane speech that is broadcast between the hours of 10 p.m. and 6 a.m. is not actionable. Consequently, the FCC must know the time of day that the material was broadcast.

3. The call sign, channel, or frequency of the station involved.

To take enforcement action for the airing of prohibited material, the FCC must be able to identify the station that aired the material. By providing the call sign, channel, or frequency of the station, you will help us to quickly and efficiently process your complaint. The name of the program, DJ, personality, song, or film; network; and city and state where you heard or saw the program are also helpful.

Finally submission: On-line complaint form can be found at esupport.fcc.gov/complaints.htm. You can also file a complaint by e-mailing fccinfo@fcc.gov; calling 1-888-CALL-FCC (1-888-225-5322) voice, 1-888-TELL-FCC (1-888-835-5322) TTY; faxing 1-866-418-0232; or writing to:

Federal Communications Commission
Consumer & Governmental Affairs Bureau
Consumer Inquiries and Complaints Division
445 12th St., SW
Washington, DC 20554.


c) Example of an FCC charge filed on 03-15-2006 about a complaints against various television licensees concerning their December 31, 2004 broadcast of the program "Without A Trace"

The FCC fined CBS Television Network ("CBS") affiliated stations and CBS owned-and-operated stations in the total amount of $3,607,500 ($32,500 per station) for broadcasting indecent material in apparent violation of 18 U.S.C. S 1464 and section 73.3999 of the Commission's rules. On December 31, 2004, at 9:00 p.m. CBS program "Without a Trace" broadcast material graphically depicting teenage boys and girls participating in a sexual orgy.

d) I don't think that the FCC is doing enough penalize these network at a timely manner for them to learn their lesson. If we look at the date that was broadcast compare to the date that it was fine, it is almost two years apart. So if the FCC really wanted to show these networks a lesson than do it faster.