| CAPTION TV INC |
| CC+ Parental Control Technology |
A mission statement
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firm.
or quote about the
firm.
| If you think you've seen it, you haven't! |
| If you think you've seen it, you haven't! |
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| If you think you've seen it, you haven't! |
| If you think you've seen it, you haven't! |
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| If you think you've seen it, you haven't! |
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Broadcast curse word is not likely to mean fines for NBC
The coach of the U.S. Olympic snowboarding squad was shown celebrating on
NBC's broadcast of the Winter Games using a few choice words typically
considered inappropriate for the public airwaves. But because the incident was
broadcast live after 11 p.m., the FCC is not likely to levy fines against NBC,
according to several media watchers. The Business Insider (2/18/10)
FCC Exams Parental Control Technologies for Video or Audio Programming
FCC reports to Congress pursuant to the Child Safe Viewing Act of 2007 (“Child
Safe Viewing Act” or “Act”). The Act directs the Commission to provide, by
August 29, 2009, an assessment of the current state of the marketplace with
respect to: the existence and availability of advanced blocking technologies;
methods of encouraging the development, deployment and use of such
technologies.
New briefs requested by court for Janet Jackson indecency case
New briefs concerning CBS-owned stations' ongoing challenge of the Federal
Communications Commission's $550,000 indecency fine for the 2004 Janet
Jackson wardrobe malfunction are due in 60 days from the FCC, according to an
order by the 3rd Circuit Court of Appeal. The case has been sent back to the
appellate level by the U.S. Supreme Court, which on May 4 overturned the 3rd
Circuit's decision to throw out the fine and ordered the matter to be
reconsidered. Multichannel News (6/4)
CEA urges the FCC to support market-based approaches to parental control
The Child Safe Viewing Act directed the FCC to conduct an inquiry and prepare
a report to Congress regarding the availability of advanced content-blocking
technologies, including the V-chip. In its comments to the FCC, CEA
demonstrated that consumers enjoy a wide variety of content-blocking tools and
technologies from which to choose. While the V-chip is one effective tool for
those who use it, CEA advised against extending this technology mandate. As the
percentage of over-the-air broadcast viewers diminishes and alternative,
innovative content-blocking technologies compete for market share on other
video platforms, it does not make sense to require further investment in the V-
chip. CEA supports the availability of advanced content-blocking tools, but urges
the FCC not to stifle innovation and consumer choice by imposing additional
technology mandates.
TVG comments to FCC - Child Safe Viewing Act
04/16/2009
Implementation of Child Safe Viewing Act; Examination of Parental Control
Technologies for Video or Audio Programming
Released a Notice of Inquiry to examine advanced blocking technologies available to parents.
(Dkt No. 09-26). Action by: the Commission. Adopted:03/02/2009 by NOI. (FCC No. 09-14).
FCC launches inquiry into V-chip, TV content shields
The Federal Communications Commission is kicking off the formal process of re-examining
the V-chip and other technologies that could protect kids from potentially indecent content on
video—on television and other video devices.
TVWeek.com (3/3)
FCC seeks information on program-blocking technology
The FCC is looking at how best to protect children in the digital age. The FCC wants to know
what technology is available to block objectionable audio and video content on computers, TV
sets, DVD players, VCRs, cable set-top boxes, satellite receivers and wireless devices as well as
multiple distribution platforms including broadcast, MVPD, wireless and Internet services.
Comments are due by April 16. To provide input on CEA's filing, please contact Jamie Hedlund
at jhedlund@ce.org.
How will new FCC watch TV?
While it appears to some observers that broadband issues will top the FCC's agenda when and if
President Barack Obama's candidate for the FCC chairmanship, Julius Genachowski, takes
office, court cases and ongoing FCC proceedings may bring to the fore issues related to TV
including localism and indecency, this article says. TVWeek.com (3/8)
Rehr hopeful new White House will ease content reg uncertainty
The FCC, operating under the Obama administration, is more likely to let TV and radio
broadcasters make the key decisions on appropriate content for their communities, rather than
try to impose government controls, according to NAB President-CEO David Rehr. "We
shouldn't be in a business that's vulgar," Rehr said. "And almost all broadcasters do the right
thing. There are always a few who push the line, but the broadcast community as a whole does a
spectacular job."
President Bush signs S. 602 into Law
S. 602, the "Child Safe Viewing Act of 2007," which requires the Federal Communications
Commission to conduct an inquiry to examine the availability of, and methods of encouraging
the use of, advanced blocking technologies that help parents protect their children from
transmitted video and audio programming that the parents determine to be indecent or
objectionable. New York Daily News (2/25)
Bush signs Child Safe Viewing Act
President Bush on Tuesday signed the Child Safe Viewing Act, requiring the Federal
Communications Commission to explore the market for technologies that allow parents to
censor the programming their children watch. The new law requires the FCC to issue a notice
of inquiry to examine what advanced content-blocking technologies are available for various
communication devices and platforms. It also calls for the FCC to consider how to encourage
the development and use of such technologies without affecting content providers' pricing or
packaging.(12/03)
FCC asks U.S. Supreme Court to take on "wardrobe malfunction" case
Saying a lower court was wrong to dismiss the Janet Jackson "wardrobe malfunction" case, the
FCC has appealed the ruling to the U.S. Supreme Court. However, the agency is requesting the
High Court not act on its petition until the court issues a ruling on a pending case involving
fleeting profanity. "It's hardly unexpected but it's still disappointing that the government
continues to pursue issues like this," said Andrew Schwartzman, president of Media Access
Project. Los Angeles Times/The Associated Press (free registration) (11/22) , Broadcasting &
Cable (11/21)
Bill to require study of content-blocking technology could clear Senate
The Child Safe Viewing Act, which requires the FCC to conduct research into parents' ability
to access the V-chip and other technology to block children from inappropriate content on TV
and the Internet, could clear the Senate today. The bill previously was passed by the Senate,
but the House version stripped out various aspects, requiring that the new version be voted on
again in the Senate. Multichannel News (11/17)
What the Democratic victory could mean for ad industry
Big changes could be in store for the world of media and advertising once President-elect
Barack Obama takes office in January. There could be a push for new regulations on direct-to-
consumer pharmaceutical ads, a move to backtrack on changes to media ownership rules,
advocacy for network neutrality and an expansion of the FTC's authority to levy fines.
Advertising Age (11/5)
High Court hears arguments in fleeting expletives case
The U.S. Supreme Court, during Tuesday's arguments over the FCC's power over the use of
fleeting profanity on live network broadcasts, peppered lawyers on both sides with questions
over whether the policy were being enforced consistently, how it dovetails with current
community standards and whether it would be acceptable to allow the broadcast of certain words
if they have uses other than as an expletive. The Washington Post (11/5) , The Wall Street
Journal (subscription required) (11/5
Broadcasters: Relief from ownership rules unlikely under Obama
The incoming Obama administration reportedly could try to roll back media ownership
deregulation, put pressure on Internet providers to practice network neutrality and appoint a
permanent FCC chairman whose views are less in line with broadcasters. "If the goal of the
Obama team is to put more expensive regulations on broadcasters, the outcome will be more
migration of major sporting events like the Super Bowl and World Series to pay cable, and less
innovative programming on broadcast television," NAB spokesman Dennis Wharton said.
"What part of free and local would an Obama administration not like?" TVNEWSDAY (free
registration) (11/5) , Bloomberg
High Court should preserve free speech rights on live TV: The U.S. Supreme Court
should rein in the FCC's "censorship board" by upholding an appeals court decision that
overturned fines for fleeting indecency on live network TV programs, according to this New
York Times editorial. "This [FCC] regime is a serious threat to free expression and
constitutionally protected speech," The Times writes. The New York Times (11/3)
Networks, public don't need FCC to act as censor: The Washington Post is calling on
the U.S. Supreme Court, which is scheduled to hear arguments today in the fleeting profanity
case, to curb the FCC's power to regulate such speech on live TV broadcasts. The Post cites the
FCC's inconsistent standards in enforcing the profanity rules, the availability of the V-chip to
allow parents to regulate content and the networks' use of a live-feed delays to bleep out
inappropriate language. The Washington Post (11/4)
Tapes of fleeting profanity arguments won't be released until end of term: The
audio tapes from today's oral arguments before the U.S. Supreme Court in the fleeting
profanity case will not likely be released until the end of the court's term in June or July. C-
SPAN had petitioned the court to allow the tapes to be played immediately following the oral
arguments, but some believe the court refused the request so as not to bring attention to itself
during the final days of the presidential campaign. Broadcasting & Cable (11/3)
How the "Bono Rule" came to be
The FCC used to chalk up the rare airing of unscripted, "fleeting" profanities as a cost of
doing business in a live broadcast environment. All that changed in 2003, when U2 frontman
Bono uttered six words that would change the way the FCC regulated the F-word. The Wall
Street Journal (subscription required) (11/4)
Supreme Court to weigh on-air swearing rules
The Supreme Court will hear arguments on Fox v. FCC on Tuesday. A decision in the case
could limit or eradicate the FCC's authority to levy fines for on-air profanities. Los Angeles
Times (free registration) (11/2) , Variety (11/2)
C-SPAN wants court tapes covering Fox swearing case
The court has not yet responded to C-SPAN's request for access to audio tapes of oral
arguments in the upcoming Supreme Court case, FCC vs. Fox, which will examine the FCC's
authority to fine networks for incidents of so-called fleeting profanity. Broadcasting & Cable
Leahy hits government censorship of the media:
Parents, not the FCC, should determine what their children watch on television, Sen. Patrick
Leahy, D-Vt., told the audience at Tuesday's Media Institute awards dinner. Leahy criticized "a
system of censorship that takes no account of context, exercises no judgment, and slaps massive
fines on brief, often unexpected instances of foul language or brief nudity." Broadcasting &
Cable (10/21)
News Corp pres: Gov't has no business trying to censor TV
The FCC has overstepped its authority in trying to regulate indecency over the airwaves, News
Corp President Peter Chernin said at an industry event. Chernin made his remarks in advance
of a Nov. 4 Supreme Court hearing of an appeal by the FCC of a lower court decision, which
struck down an indecency fine over an incident at the Billboard Awards. "It is time for the
government to get out of the business of regulating 'indecent' speech on broadcast TV,"
Chernin said. The Wall Street Journal (subscription required) (10/21) , Bloomberg (10/21) ,
Broadcasting & Cable (10/21)
Feds ask extension on filing High Court appeal of Super Bowl fine
The federal government has asked the U.S. Supreme Court to extend to Nov. 18 its deadline to
decide whether it will appeal a lower court decision throwing out an FCC fine. The fine stems
from the CBS broadcast of the infamous Super Bowl halftime show "wardrobe malfunction."
The extra time reportedly would give the feds a chance to see how the court responds during the
oral arguments of the government's appeal of a fleeting profanity fine against Fox, to be held
Nov. 4. Broadcasting & Cable (10/14)
Senate clears bill to study content-blocking for TV, Web
FCC issues ruling on affiliation contracts
The FCC on Wednesday issued a declaratory ruling that sets out the rules governing relations
between networks and affiliate stations. The ruling, which is based on an agreement between
the Network Affiliated Stations Alliance and ABC, CBS, NBC and Fox, recognizes the right of
stations to preempt the airing of shows they feel are inappropriate for their audience.
Broadcasting & Cable (9/3) , Television Business Report (9/2)
CEA closed-captioning standard becomes American National Standard
CEA's recently updated analog-TV closed-captioning standard has been approved by the
American National Standards Institute as an American National Standard. Although the
switchover to digital TV is just around the corner, analog closed captioning will remain in use
for quite some time in cable and satellite systems that continue to serve analog TVs, and in
other consumer products such as VCRs and DVD players that connect to analog TVs. The
updated standard, ANSI/CEA-608-E, is available from IHS.
McCain opposes network neutrality
Presumptive Republican presidential nominee John McCain outlined his vision for technology
policy on his Web site. McCain says he is opposed to government-mandated network neutrality,
but indicates his support for FCC's open access guidelines. Broadcasting & Cable (8/27)
Time Warner urges high court not to regulate cable content
Time Warner has asked the U.S. Supreme Court not to support the Federal Communication
Commission's new "fleeting indecency" standard and to help prevent the regulation of
broadcast content from spreading to cable. Time Warner, which owns cable nets such as the
envelope-pushing HBO, argues that technology such as V-chips and set-top boxes with parental
controls effectively blocks content that is not appropriate for children. Multichannel News
(8/13)
Former FCC chiefs back change to indecency-oversight authority:
Former FCC chairmen Newton Minow, Mark Fowler and former acting chairman and longtime
commissioner James Quello have submitted an amicus brief to the Supreme Court arguing in
favor of stripping the FCC of its authority to issue fines for broadcast indecency. The brief
argues that the FCC "has radically expanded the definition of indecency beyond its original
conception; magnified the penalties for even minor, ephemeral images or objectionable
language; and targeted respected television programs, movies and even noncommercial
documentaries." Broadcasting & Cable (8/8)
Groups: FCC's power over speech must be checked
The U.S. Supreme Court must weigh the larger constitutional issues at stake in a case
concerning the FCC's indecency regulations, according to the American Civil Liberties Union,
joined by the Directors Guild of America and the American Federation of Television and Radio
Artists, among other groups, who have asserted to the court that the agency "has no business
regulating any speech short of outright obscenity." They add, "No agency should be given such
power under the constitution." The High Court is reviewing a lower-court ruling that
overturned a fine issued to Fox stations by the FCC for fleeting expletives on a Billboard
awards show. Broadcasting & Cable (8/7)
PTC "overstates" indecency problem
The Parents Television Council exaggerates the problem of broadcast indecency, according to
this Radio Business Report commentary. The author suggests the PTC take advantage of "the
many amazing inventions of various types that allow people to change the channel during that
one time in a million when a bad word slips out over the air." Radio Business Report (8/5)
CEA's parental-guidance standard becomes American National Standard
CEA's recently updated parental-guidance standard has been approved by the American
National Standards Institute as an American National Standard. The document, now called
ANSI/CEA-766-C, is one of several that, together, describe how TV systems can enable parents
to control their children's access to TV programming. It describes the meaning of the various
ratings codes that can be assigned to a program, but does not describe how a TV should go about
blocking a program. The updated standard is available from IHS.
New U.S. president may have to grapple with indecency rules dispute
A recent federal appeals court ruling striking down the $550,000 fine against CBS over the
Janet Jackson "wardrobe malfunction" and the U.S. Supreme Court's scheduled fall oral
arguments on a separate indecency case could ensure a continuation of the debate over the
FCC's indecency rules after the November election and inauguration of a new president, this
article says. TVWeek.com (7/27)
Candidates Differences on media
A day after an appellate court overturned the FCC’s fining of CBS stations for the Janet
Jackson Super Bowl “wardrobe malfunction,” Mr. Kennard said Mr. Obama’s focus would be
on providing the technology for parents to better choose the content they want kids to see,
rather than regulating content providers. He suggested that ratings for programs and the V-chip
technology need improvement. TVWeek.com (7/23)
Obama, McCain camps say parents should set own rules for what's decent on TV
Former FCC Chairman William Kennard, representing the Barack Obama campaign, and
former NTIA chief John Kneuer, representing John McCain, both agreed during a joint
appearance that parents should be given more technology tools to make decisions about the
content they deem appropriate for their children to view. The two also see a role for the FCC in
regulating decency, but said the current rules would have to be overhauled. Broadcasting &
Cable (7/22)
FCC chairman awaits Supreme Court indecency review
Kevin Martin, chairman of the FCC, said he was "surprised and disappointed" with a decision
by the 3rd Circuit Court of Appeals to throw out the FCC's $550,000 fine to CBS for Janet
Jackson's infamous "wardrobe malfunction" during the Super Bowl XXXVIII halftime show. "I
continue to believe that this incident was inappropriate," said Martin, "and this only
highlights the importance of the Supreme Court's consideration of our indecency rules this
fall." Broadcasting & Cable (7/21) , Radio Business Report (7/21)
$550K "wardrobe malfunction" fine reversed on appeal
Saying the FCC "acted arbitrarily and capriciously," a federal appeals court panel has reversed
the agency's $550,000 indecency fine against CBS for Janet Jackson's "wardrobe malfunction"
during the 2004 Super Bowl halftime show. The court found the FCC disregarded its almost 30-
year-old policy of handling alleged incidents of indecency. "Like any agency, the FCC may
change its policies without judicial second-guessing," the court wrote. "But it cannot change a
well-established course of action without supplying notice of and a reasoned explanation for its
policy departure." Google/Associated Press (7/21)
The coach of the U.S. Olympic snowboarding squad was shown celebrating on
NBC's broadcast of the Winter Games using a few choice words typically
considered inappropriate for the public airwaves. But because the incident was
broadcast live after 11 p.m., the FCC is not likely to levy fines against NBC,
according to several media watchers. The Business Insider (2/18/10)
FCC Exams Parental Control Technologies for Video or Audio Programming
FCC reports to Congress pursuant to the Child Safe Viewing Act of 2007 (“Child
Safe Viewing Act” or “Act”). The Act directs the Commission to provide, by
August 29, 2009, an assessment of the current state of the marketplace with
respect to: the existence and availability of advanced blocking technologies;
methods of encouraging the development, deployment and use of such
technologies.
New briefs requested by court for Janet Jackson indecency case
New briefs concerning CBS-owned stations' ongoing challenge of the Federal
Communications Commission's $550,000 indecency fine for the 2004 Janet
Jackson wardrobe malfunction are due in 60 days from the FCC, according to an
order by the 3rd Circuit Court of Appeal. The case has been sent back to the
appellate level by the U.S. Supreme Court, which on May 4 overturned the 3rd
Circuit's decision to throw out the fine and ordered the matter to be
reconsidered. Multichannel News (6/4)
CEA urges the FCC to support market-based approaches to parental control
The Child Safe Viewing Act directed the FCC to conduct an inquiry and prepare
a report to Congress regarding the availability of advanced content-blocking
technologies, including the V-chip. In its comments to the FCC, CEA
demonstrated that consumers enjoy a wide variety of content-blocking tools and
technologies from which to choose. While the V-chip is one effective tool for
those who use it, CEA advised against extending this technology mandate. As the
percentage of over-the-air broadcast viewers diminishes and alternative,
innovative content-blocking technologies compete for market share on other
video platforms, it does not make sense to require further investment in the V-
chip. CEA supports the availability of advanced content-blocking tools, but urges
the FCC not to stifle innovation and consumer choice by imposing additional
technology mandates.
TVG comments to FCC - Child Safe Viewing Act
04/16/2009
Implementation of Child Safe Viewing Act; Examination of Parental Control
Technologies for Video or Audio Programming
Released a Notice of Inquiry to examine advanced blocking technologies available to parents.
(Dkt No. 09-26). Action by: the Commission. Adopted:03/02/2009 by NOI. (FCC No. 09-14).
FCC launches inquiry into V-chip, TV content shields
The Federal Communications Commission is kicking off the formal process of re-examining
the V-chip and other technologies that could protect kids from potentially indecent content on
video—on television and other video devices.
TVWeek.com (3/3)
FCC seeks information on program-blocking technology
The FCC is looking at how best to protect children in the digital age. The FCC wants to know
what technology is available to block objectionable audio and video content on computers, TV
sets, DVD players, VCRs, cable set-top boxes, satellite receivers and wireless devices as well as
multiple distribution platforms including broadcast, MVPD, wireless and Internet services.
Comments are due by April 16. To provide input on CEA's filing, please contact Jamie Hedlund
at jhedlund@ce.org.
How will new FCC watch TV?
While it appears to some observers that broadband issues will top the FCC's agenda when and if
President Barack Obama's candidate for the FCC chairmanship, Julius Genachowski, takes
office, court cases and ongoing FCC proceedings may bring to the fore issues related to TV
including localism and indecency, this article says. TVWeek.com (3/8)
Rehr hopeful new White House will ease content reg uncertainty
The FCC, operating under the Obama administration, is more likely to let TV and radio
broadcasters make the key decisions on appropriate content for their communities, rather than
try to impose government controls, according to NAB President-CEO David Rehr. "We
shouldn't be in a business that's vulgar," Rehr said. "And almost all broadcasters do the right
thing. There are always a few who push the line, but the broadcast community as a whole does a
spectacular job."
President Bush signs S. 602 into Law
S. 602, the "Child Safe Viewing Act of 2007," which requires the Federal Communications
Commission to conduct an inquiry to examine the availability of, and methods of encouraging
the use of, advanced blocking technologies that help parents protect their children from
transmitted video and audio programming that the parents determine to be indecent or
objectionable. New York Daily News (2/25)
Bush signs Child Safe Viewing Act
President Bush on Tuesday signed the Child Safe Viewing Act, requiring the Federal
Communications Commission to explore the market for technologies that allow parents to
censor the programming their children watch. The new law requires the FCC to issue a notice
of inquiry to examine what advanced content-blocking technologies are available for various
communication devices and platforms. It also calls for the FCC to consider how to encourage
the development and use of such technologies without affecting content providers' pricing or
packaging.(12/03)
FCC asks U.S. Supreme Court to take on "wardrobe malfunction" case
Saying a lower court was wrong to dismiss the Janet Jackson "wardrobe malfunction" case, the
FCC has appealed the ruling to the U.S. Supreme Court. However, the agency is requesting the
High Court not act on its petition until the court issues a ruling on a pending case involving
fleeting profanity. "It's hardly unexpected but it's still disappointing that the government
continues to pursue issues like this," said Andrew Schwartzman, president of Media Access
Project. Los Angeles Times/The Associated Press (free registration) (11/22) , Broadcasting &
Cable (11/21)
Bill to require study of content-blocking technology could clear Senate
The Child Safe Viewing Act, which requires the FCC to conduct research into parents' ability
to access the V-chip and other technology to block children from inappropriate content on TV
and the Internet, could clear the Senate today. The bill previously was passed by the Senate,
but the House version stripped out various aspects, requiring that the new version be voted on
again in the Senate. Multichannel News (11/17)
What the Democratic victory could mean for ad industry
Big changes could be in store for the world of media and advertising once President-elect
Barack Obama takes office in January. There could be a push for new regulations on direct-to-
consumer pharmaceutical ads, a move to backtrack on changes to media ownership rules,
advocacy for network neutrality and an expansion of the FTC's authority to levy fines.
Advertising Age (11/5)
High Court hears arguments in fleeting expletives case
The U.S. Supreme Court, during Tuesday's arguments over the FCC's power over the use of
fleeting profanity on live network broadcasts, peppered lawyers on both sides with questions
over whether the policy were being enforced consistently, how it dovetails with current
community standards and whether it would be acceptable to allow the broadcast of certain words
if they have uses other than as an expletive. The Washington Post (11/5) , The Wall Street
Journal (subscription required) (11/5
Broadcasters: Relief from ownership rules unlikely under Obama
The incoming Obama administration reportedly could try to roll back media ownership
deregulation, put pressure on Internet providers to practice network neutrality and appoint a
permanent FCC chairman whose views are less in line with broadcasters. "If the goal of the
Obama team is to put more expensive regulations on broadcasters, the outcome will be more
migration of major sporting events like the Super Bowl and World Series to pay cable, and less
innovative programming on broadcast television," NAB spokesman Dennis Wharton said.
"What part of free and local would an Obama administration not like?" TVNEWSDAY (free
registration) (11/5) , Bloomberg
High Court should preserve free speech rights on live TV: The U.S. Supreme Court
should rein in the FCC's "censorship board" by upholding an appeals court decision that
overturned fines for fleeting indecency on live network TV programs, according to this New
York Times editorial. "This [FCC] regime is a serious threat to free expression and
constitutionally protected speech," The Times writes. The New York Times (11/3)
Networks, public don't need FCC to act as censor: The Washington Post is calling on
the U.S. Supreme Court, which is scheduled to hear arguments today in the fleeting profanity
case, to curb the FCC's power to regulate such speech on live TV broadcasts. The Post cites the
FCC's inconsistent standards in enforcing the profanity rules, the availability of the V-chip to
allow parents to regulate content and the networks' use of a live-feed delays to bleep out
inappropriate language. The Washington Post (11/4)
Tapes of fleeting profanity arguments won't be released until end of term: The
audio tapes from today's oral arguments before the U.S. Supreme Court in the fleeting
profanity case will not likely be released until the end of the court's term in June or July. C-
SPAN had petitioned the court to allow the tapes to be played immediately following the oral
arguments, but some believe the court refused the request so as not to bring attention to itself
during the final days of the presidential campaign. Broadcasting & Cable (11/3)
How the "Bono Rule" came to be
The FCC used to chalk up the rare airing of unscripted, "fleeting" profanities as a cost of
doing business in a live broadcast environment. All that changed in 2003, when U2 frontman
Bono uttered six words that would change the way the FCC regulated the F-word. The Wall
Street Journal (subscription required) (11/4)
Supreme Court to weigh on-air swearing rules
The Supreme Court will hear arguments on Fox v. FCC on Tuesday. A decision in the case
could limit or eradicate the FCC's authority to levy fines for on-air profanities. Los Angeles
Times (free registration) (11/2) , Variety (11/2)
C-SPAN wants court tapes covering Fox swearing case
The court has not yet responded to C-SPAN's request for access to audio tapes of oral
arguments in the upcoming Supreme Court case, FCC vs. Fox, which will examine the FCC's
authority to fine networks for incidents of so-called fleeting profanity. Broadcasting & Cable
Leahy hits government censorship of the media:
Parents, not the FCC, should determine what their children watch on television, Sen. Patrick
Leahy, D-Vt., told the audience at Tuesday's Media Institute awards dinner. Leahy criticized "a
system of censorship that takes no account of context, exercises no judgment, and slaps massive
fines on brief, often unexpected instances of foul language or brief nudity." Broadcasting &
Cable (10/21)
News Corp pres: Gov't has no business trying to censor TV
The FCC has overstepped its authority in trying to regulate indecency over the airwaves, News
Corp President Peter Chernin said at an industry event. Chernin made his remarks in advance
of a Nov. 4 Supreme Court hearing of an appeal by the FCC of a lower court decision, which
struck down an indecency fine over an incident at the Billboard Awards. "It is time for the
government to get out of the business of regulating 'indecent' speech on broadcast TV,"
Chernin said. The Wall Street Journal (subscription required) (10/21) , Bloomberg (10/21) ,
Broadcasting & Cable (10/21)
Feds ask extension on filing High Court appeal of Super Bowl fine
The federal government has asked the U.S. Supreme Court to extend to Nov. 18 its deadline to
decide whether it will appeal a lower court decision throwing out an FCC fine. The fine stems
from the CBS broadcast of the infamous Super Bowl halftime show "wardrobe malfunction."
The extra time reportedly would give the feds a chance to see how the court responds during the
oral arguments of the government's appeal of a fleeting profanity fine against Fox, to be held
Nov. 4. Broadcasting & Cable (10/14)
Senate clears bill to study content-blocking for TV, Web
FCC issues ruling on affiliation contracts
The FCC on Wednesday issued a declaratory ruling that sets out the rules governing relations
between networks and affiliate stations. The ruling, which is based on an agreement between
the Network Affiliated Stations Alliance and ABC, CBS, NBC and Fox, recognizes the right of
stations to preempt the airing of shows they feel are inappropriate for their audience.
Broadcasting & Cable (9/3) , Television Business Report (9/2)
CEA closed-captioning standard becomes American National Standard
CEA's recently updated analog-TV closed-captioning standard has been approved by the
American National Standards Institute as an American National Standard. Although the
switchover to digital TV is just around the corner, analog closed captioning will remain in use
for quite some time in cable and satellite systems that continue to serve analog TVs, and in
other consumer products such as VCRs and DVD players that connect to analog TVs. The
updated standard, ANSI/CEA-608-E, is available from IHS.
McCain opposes network neutrality
Presumptive Republican presidential nominee John McCain outlined his vision for technology
policy on his Web site. McCain says he is opposed to government-mandated network neutrality,
but indicates his support for FCC's open access guidelines. Broadcasting & Cable (8/27)
Time Warner urges high court not to regulate cable content
Time Warner has asked the U.S. Supreme Court not to support the Federal Communication
Commission's new "fleeting indecency" standard and to help prevent the regulation of
broadcast content from spreading to cable. Time Warner, which owns cable nets such as the
envelope-pushing HBO, argues that technology such as V-chips and set-top boxes with parental
controls effectively blocks content that is not appropriate for children. Multichannel News
(8/13)
Former FCC chiefs back change to indecency-oversight authority:
Former FCC chairmen Newton Minow, Mark Fowler and former acting chairman and longtime
commissioner James Quello have submitted an amicus brief to the Supreme Court arguing in
favor of stripping the FCC of its authority to issue fines for broadcast indecency. The brief
argues that the FCC "has radically expanded the definition of indecency beyond its original
conception; magnified the penalties for even minor, ephemeral images or objectionable
language; and targeted respected television programs, movies and even noncommercial
documentaries." Broadcasting & Cable (8/8)
Groups: FCC's power over speech must be checked
The U.S. Supreme Court must weigh the larger constitutional issues at stake in a case
concerning the FCC's indecency regulations, according to the American Civil Liberties Union,
joined by the Directors Guild of America and the American Federation of Television and Radio
Artists, among other groups, who have asserted to the court that the agency "has no business
regulating any speech short of outright obscenity." They add, "No agency should be given such
power under the constitution." The High Court is reviewing a lower-court ruling that
overturned a fine issued to Fox stations by the FCC for fleeting expletives on a Billboard
awards show. Broadcasting & Cable (8/7)
PTC "overstates" indecency problem
The Parents Television Council exaggerates the problem of broadcast indecency, according to
this Radio Business Report commentary. The author suggests the PTC take advantage of "the
many amazing inventions of various types that allow people to change the channel during that
one time in a million when a bad word slips out over the air." Radio Business Report (8/5)
CEA's parental-guidance standard becomes American National Standard
CEA's recently updated parental-guidance standard has been approved by the American
National Standards Institute as an American National Standard. The document, now called
ANSI/CEA-766-C, is one of several that, together, describe how TV systems can enable parents
to control their children's access to TV programming. It describes the meaning of the various
ratings codes that can be assigned to a program, but does not describe how a TV should go about
blocking a program. The updated standard is available from IHS.
New U.S. president may have to grapple with indecency rules dispute
A recent federal appeals court ruling striking down the $550,000 fine against CBS over the
Janet Jackson "wardrobe malfunction" and the U.S. Supreme Court's scheduled fall oral
arguments on a separate indecency case could ensure a continuation of the debate over the
FCC's indecency rules after the November election and inauguration of a new president, this
article says. TVWeek.com (7/27)
Candidates Differences on media
A day after an appellate court overturned the FCC’s fining of CBS stations for the Janet
Jackson Super Bowl “wardrobe malfunction,” Mr. Kennard said Mr. Obama’s focus would be
on providing the technology for parents to better choose the content they want kids to see,
rather than regulating content providers. He suggested that ratings for programs and the V-chip
technology need improvement. TVWeek.com (7/23)
Obama, McCain camps say parents should set own rules for what's decent on TV
Former FCC Chairman William Kennard, representing the Barack Obama campaign, and
former NTIA chief John Kneuer, representing John McCain, both agreed during a joint
appearance that parents should be given more technology tools to make decisions about the
content they deem appropriate for their children to view. The two also see a role for the FCC in
regulating decency, but said the current rules would have to be overhauled. Broadcasting &
Cable (7/22)
FCC chairman awaits Supreme Court indecency review
Kevin Martin, chairman of the FCC, said he was "surprised and disappointed" with a decision
by the 3rd Circuit Court of Appeals to throw out the FCC's $550,000 fine to CBS for Janet
Jackson's infamous "wardrobe malfunction" during the Super Bowl XXXVIII halftime show. "I
continue to believe that this incident was inappropriate," said Martin, "and this only
highlights the importance of the Supreme Court's consideration of our indecency rules this
fall." Broadcasting & Cable (7/21) , Radio Business Report (7/21)
$550K "wardrobe malfunction" fine reversed on appeal
Saying the FCC "acted arbitrarily and capriciously," a federal appeals court panel has reversed
the agency's $550,000 indecency fine against CBS for Janet Jackson's "wardrobe malfunction"
during the 2004 Super Bowl halftime show. The court found the FCC disregarded its almost 30-
year-old policy of handling alleged incidents of indecency. "Like any agency, the FCC may
change its policies without judicial second-guessing," the court wrote. "But it cannot change a
well-established course of action without supplying notice of and a reasoned explanation for its
policy departure." Google/Associated Press (7/21)
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