FCC rules on Obscenity and indecency

Category: Broadcaster's Lounge

Post 1 by Pasco (my ISP would be out of business if it wasn't for this haven I live at) on Friday, 28-Jun-2013 17:57:35

There is a lot going on with the FCC right now. Sun Sounds of Arizona has filed a petition which I've address in the following post. NPR has filed to allow news coverage to to not have to bleep bad language, and the FCC is also seeking input on its 21st Century accessibility decision. These things very much effect blind and low vision folks, and we might want to be paying attention.

Post 2 by Pasco (my ISP would be out of business if it wasn't for this haven I live at) on Friday, 28-Jun-2013 17:59:24

Sun Sounds of Arizona has filed a petition with the FCC (Federal Communications Commission) to exempt radio reading services, and audio information services from the rules currently governing indecency. The current rule prohibits reading services from reading main stream printed material without censorship if there is language in the material considered indecent. We believe that the author’s words should be passed through without censorship and that to edit or alter the material is a violation of freedom of speech and the press.

We are asking for your help. You as a private citizen may comment on our petition in support until July 19th. This petition will affect all open channel forums which carry reading services including AM radio, FM radio, FM HD radio, DTV, (digital Television) audio, and potentially even the streaming internet.

There are bullet points at the end of this message which you are welcome to use as a part of your comment. If you have questions, get in touch at bpasco@sunsounds.org.

To file a quick comment follow this link. The proceeding number is 13-86. The rest of the information to fill in is basic name, address, email, etc. You may cut and paste in your comment, or type into the box free-form on-screen. Whatever you enter on this page will, once submitted, become a public record and will be publicly viewable.

http://apps.fcc.gov/ecfs/upload/display?z=tli73

- People who are print-disabled do not have the same access to print as their sighted peers. Audio Information Services nationally, and Sun Sounds of Arizona in particular, attempt to bridge this gap with audio versions of print in effect becoming a "print-conduit " to people with print-disabilities.

- Sun Sounds and other reading services are being prevented from fully serving this population because of the current policies on indecency at the Commission. License holders who might offer HD or other open channels are not doing so for fear of FCC fines relative to the print read aloud on Sun Sounds and Audio Information Services (AIS).

- Printed news and information is a protected form of speech and free from government censorship.

- Therefore, because Sun Sounds delivers print, the FCC rules restricting the ability of Sun Sounds (and others) to read print verbatim are, in effect, censorship and requires an adjustment to Commission policy.

- We ask the Commission to exempt from indecency policy enforcement, Sun Sounds and any AIS which provides print to a print-disabled community, regardless of transmission type.

Post 3 by LeoGuardian (You mean there is something outside of this room with my computer in it?) on Friday, 28-Jun-2013 18:30:19

This isn't the first time I've noticed you have quite insightful posts to put on these boards.
Here's to hoping there will be more coming from you.

Enjoy your weekend.

Post 4 by blbobby (Ooo you're gona like this!) on Friday, 28-Jun-2013 20:52:03

I agree with Leo, you've done a wonderful job presenting this material.

Ordinarily, I would agree with the petition, but, since I'm an old kurmudgeon, I like to see some restraint somewhere.

Good luck.

Bob

Post 5 by Pasco (my ISP would be out of business if it wasn't for this haven I live at) on Friday, 19-Jul-2013 2:04:44

Thanks for your comments and kind words. I don't disagree that some restraints are in order. However, sensoring print is against the law. The FCC should not be able to make an arbitrary exception when it is read aloud. For those of us who listen to audio to read, this is a double standard. A person who does not wish to read certain things or language can just put down the book or magazine. A person listening to reading aloud on the radio can do the same thing by changing the station or turning it off. No one is forced to listen. But due to current FCC rules, some are forced not to listen, and that seems wrong.

Post 6 by LeoGuardian (You mean there is something outside of this room with my computer in it?) on Friday, 19-Jul-2013 11:45:23

Do you guys think the Internet is basically going to displace these FCC rulings anyway? I mean, now, you can get and listen to any type of content you want on the web, shows that don't have a mainstream dogma-backed perspective and say it in any way they want?
I do think it's weird when Internet-based radio stations basically follow FCC guidelines bleeping out words in songs and the like, when the whole purpose of going online is to be autonomous and without restrictions.

Post 7 by SilverLightning (I've now got the silver prolific poster award! wahoo!) on Friday, 19-Jul-2013 13:12:03

I hate everything the FCC stands for. Just because a pastor in Mississippi got offended about hearing breasts on the radio, which is how the FCC got started, doesn't mean the rest of us should have to have our words sensored. Let the free market decide what shows need to be sensored and what don't. Trust me, the ratings system will make it clear what shows should tone it down.

Post 8 by LeoGuardian (You mean there is something outside of this room with my computer in it?) on Friday, 19-Jul-2013 14:20:18

I agree, Cody, and why do so many who call themselves lovers of liberty do a gymnastic backflip on this type of issue? If free markets are good enough for everything else, then why not content?

Post 9 by Pasco (my ISP would be out of business if it wasn't for this haven I live at) on Friday, 19-Jul-2013 16:50:27

The FCC has also considered regulating internet content, so the discussion is valid even as radio broadcasting becomes less important. In general I agree with you that the market should dictate. However, when the market becomes dangerous, such as wehn tainted food is distributed, or when the market goes directly against our own constitution, then modifying regulation is in order. Still, that said, you are correct that those who would champion freedom for themselves, are often very willing to restrict someone elses. It is hypocracy.

Post 10 by SilverLightning (I've now got the silver prolific poster award! wahoo!) on Friday, 19-Jul-2013 22:13:12

There is a big difference between the FDA and the FCC though. Most of what the FDA does is by choice of the business. For example those gradings you see on steaks, like choice and prime and that kind of thing, that grading is paid for by the company, not the government. FCC overwatch is not voluntary.

Post 11 by KC8PNL (The best criticism of the bad is the practice of the better.) on Saturday, 20-Jul-2013 3:53:50

I really think it's time we wake up in to the 21st century and stop regulating media, period. That would go hand and hand with our capitalistic society. Don't like what you hear? Change the channel, just like how I don't wish to listen to certain content. Parts of Europe are already doing this and it seems to bother no one over there. If you have issues with the content, and can't handle that it's on the air, perhaps it's time you grow up and learn how to deal with reality. And this for the children crap is just that. Kids hear it at school on the time, and I believe that sensoring things is actually doing our children more harm than good. It shows them that if they want to be whiny little bitches and to be offended, society will reward them. Further, I think if the FCC are to regulate anything, it should be issues pertaining to accessibility only. Whether that be the captioning of tv or video content, described programming, the distribution of telecommunications equipment to people who have disabilities and are low income, etc. Focus on giving the consumer more choices and more ways to access those choices, and you are fueling the economy by allowing such content to be made available to those who wish to access it.

Post 12 by SilverLightning (I've now got the silver prolific poster award! wahoo!) on Saturday, 20-Jul-2013 13:27:44

Well said. The popularity of Satellite radio, which is completely unsensored, proves your point perfectly.

Post 13 by chelslicious (like it or not, I'm gonna say what I mean. all the time.) on Saturday, 20-Jul-2013 14:28:07

well said, Scott. couldn't agree more.

Post 14 by Pasco (my ISP would be out of business if it wasn't for this haven I live at) on Tuesday, 23-Jul-2013 1:49:56

Exactly. The petition filed would move towards that goal. It won't happen all at once, but in stepps.

Post 15 by Big Pawed Bear (letting his paws be his guide.) on Friday, 26-Jul-2013 18:30:58

from a UK perspective, this is madness, we don't have that rule over here, all we get is a note saying, "passages might not be fit for family reading." we are allowed to make our own choices. can anyone imagine the military writer Andy mcnab sensored? the whole flow of the stories would be interupted, as swearing is very much part of the military, like it or not. oh for f****ks sake! what are the fcc thinking? hahahahaah bollocks to them.

Post 16 by KC8PNL (The best criticism of the bad is the practice of the better.) on Friday, 26-Jul-2013 19:22:16

They're thinking of the children who often call each other names that are much worse than someone saying a bad word on the radio or TV. The rules aren't quite as strict as the radio industry would have you believe, the lawyers have made sure to never let hosts say anything to obscene and they're all afraid of losing advertizers. So, the US media will remain in the 19th century in terms of content on torestrial radio until the end of time. Just so that some insecure religious group can feel validated and like they actually mean something.

Post 17 by Pasco (my ISP would be out of business if it wasn't for this haven I live at) on Friday, 26-Jul-2013 20:27:07

I fully agree. That's why we are asking for anyone who is willing to file a supporting comment to our petition to change this with the FCC. There is one week left. Updated instructions below.
Our comment, on file with the FCC, is now open for public supporting comments - or debate. If you agree (or disagree) with our request to the FCC, you can add your comment. The FCC is accepting comments on this issue until August 2nd. To make that process a simple as possible, here is a link to the proper page at the FCC's website:
FCC Comment form When that page loads, follow the link named 13-86. When you click that link a comment form opens and the information you will be asked to provide is:

Proceeding Number: 13-86 (13-86 should be filled in for you)
Name of Filer: (your name)
Email Address: (your email address)
Address Line 1: (your address)
Address Line 2: (if needed)
City: (your city)
State: (your state)
Zip: (your zip) +4: (your zip plus 4 if available)

Type in or paste your brief comments: (Open comment box to enter or paste in your comment on proceeding mentioned in field 1 above)

If you are not quite sure what to say, here is a sample which you may customize and make into your own words:

Sun Sounds of Arizona has filed comment with the Federal Communications Commission in proceeding 13-86, asking to be exempt from enforcement of indecency rules while delivering verbatim readings from newspapers, magazines, and other currently, publicly available print material. I support this request and urge the Commission to grant the exemption from indecency enforcement for the following reasons. Sun Sounds reading service on radio is the same as the printed page to me and it's audience. The existing indecency rules, meant for far more extemporaneous speech than the verbatim readings from published print we deliver, make us and our partner stations fear FCC fines. This fear has kept Sun Sounds on private, poorly received FM-SCA systems for more than 30 years.

Printed newspapers, magazines, and books are not censored by the government in print, nor in recorded and mailed formats so my reading them through Sun Sounds should not be censored.

Sun Sounds of Arizona uses HD Radio to more easily and professionally serve people who are blind. People in range of the Tempe Sun Sounds are able to simply tune to the proper HD channel and can immediately hear daily newspapers, grocery ads, and other germane print news. This is a dramatic improvement to having to mail an application, wait for delivery of an SCA radio and then hope the signal is listenable.

Providing an exemption from enforcement would make expanding Sun Sounds to other areas possible. This would then create a more level playing field for blind and print-disabled consumers who seek access to current printed news on a par with sighted or unimpaired peers.

Allowing this exemption is in keeping with the work the Commission is already undertaking with the implementation of the CVAA. Making information more accessible to people who are blind or disabled is the intent of the CVAA as is the intent of Sun Sounds' request. We respectfully urge the Commission to grant the exemption and make possible the life-long learning and distance education and enrichment of millions of Americans living with a print-disabling condition.



Any comment you make in this proceeding is a public comment, and can be viewed on the web by other interested persons. Please let us know that you filed a comment? We would love to thank you for that support.

If you have questions about the proceeding and Sun Sounds' comment to the FCC, please contact Bill Pasco or David Noble at 480-774-8300. Thank you for your time to read this message. And remember, the comment period on this proceeding closes on August 2nd.