• by David Kaplan , March 24, 2005

If broadcasters attending the Association of National Advertisers' 2005 Television Advertising Forum thought they were going to get a break on worrying about indecency content with the departure of Federal Communications Commission Chairman Michael Powell, Washington, DC lawyer Robert Corn-Revere quickly erased such hopes.

There were $8 million in forfeitures and fines handed down to broadcasters this past year, said Corn-Revere--a partner with Davis Wright Tremaine LLP and a former FCC commissioner--more than four times higher than the previous highest year.

And such penalties could go higher. He pointed to several pieces of legislation currently winding their way through Congress that could have dire implications for broadcasters, especially smaller stations that have little to defend themselves when facing large fines and the threat of license revocation.

"The issue of indecency is a political issue, but it is not a partisan issue, as Democrats and Republicans are putting media under considerable scrutiny," he said.

Among the major bills being decided, one sponsored by Sen. Jay Rockefeller (D-West Va.) would place greater restrictions on the depiction of violence on television. Also, Corn-Revere pointed to a bill by Rep. James Moran (D-Virginia) that would prevent the broadcasting of "erectile dysfunction remedies," such as Viagra, before 10 p.m.

On the regulatory front, Corn-Revere noted that the FCC is currently considering limiting network self-promotions during the hours typically reserved for children's programming. The new regulations would curtail networks from promoting their own Web sites, for example, during children's television programming.

And while the Federal Trade Commission dismissed requirements for marketers and broadcasters to identify product placements, this issue is likely to come up again, he said.

During his presentation Wednesday morning at the Grand Hyatt New York, Corn-Revere said that there was little public outcry regarding broadcast indecency. The primary source of the new call for standards was coming from well-organized right-wing organizations, such as the Family Resource Council--which, he did note, claims one million members.

"These organizations are complaint mills," he said. "They tell their members, 'You don't even have to see the show in order to complain-- just click this button and a message is instantly sent to the FCC. Three complaints to a station could force a hearing that could put that station's license in jeopardy."

As for the FCC's incoming chairman, current commissioner Kevin Martin, Corn-Revere indicated he would like to give him the benefit of the doubt, although there was much already to doubt about whether he would be more lenient than his predecessor Powell.

"Judging by his public statements, he [Martin] may be even stricter," Corn-Revere said. "Still, it's difficult to guess what someone would do as chairman based on their statements as a commissioner. Martin has said, however, that because 85 percent of the public receive some sort of subscription-based media, it may be feasible to hold cable and satellite to the same regulations and restrictions as broadcast."