Pillsbury Winthrop Shaw Pittman

FCC Enforcement Monitor — November 2013

By Scott R Flick and Paul A Cicelski

The FCC recently approved a consent decree involving a broadcaster with TV stations in California, Utah and Texas accused of airing indecent and profane content.

Section 73.3999 of the FCC’s rules prohibits radio and television stations from broadcasting obscene material at all times and prohibits indecent material aired between 6:00am and 10:00pm.

The FCC received multiple complaints about the television show in question and sent letters of inquiry to the broadcaster asking it to provide a copy of the programme and to answer questions about possible violations of the FCC’s indecency rule. The licensee complied with the requests but maintained that the programme did not contain indecent content…

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