[BC] News from the FCC

[WFIFeng@aol.com]

Following with  permission from author: 
The FCC announced  November 7, 2005 that the Office of Management and Budget, 
which is required to  approve all FCC forms, has approved a new form that can 
be used to  electronically file complaints about broadcast indecency.  That 
Form, FCC  Form 475B, asks for the name and address of the individual 
complaining about a  broadcast, and their contact information.  The form then asks for 
the Date  and Time of the program, the Station (or frequency or channel of the 
station),  the City and State where the program was seen or heard, and a 
description of the  program that was aired.  The FCC asks that the complaining 
party "include  as many details as possible in order to help the FCC determine 
whether the  material was obscene, profane or indecent (such as specific words, 
language,  images, etc.)" 
The FCC's Public  Notice announcing the availability of this form also 
announced the availability  of a Form 475, a general complaint form to be used for 
general complaints,  particularly those relating to telephone and satellite 
companies (e.g. billing  disputes, connection issues, unwanted faxes or calls, or 
similar  complaints).  Interestingly, the general form was not attached to 
today's  FCC Public Notice - instead only a copy of the Form 475B was appended.  
 Also interesting is the fact that the Form 475 is not to be used for 
complaints  relating to "broadcast content" issues, and the Form 475B (the "B" 
presumably  standing for "broadcast") is specifically titled "Obscene, Profane 
and/or  Indecent Material Complaint Form."  Thus, the Commission seems to have  
focused its electronic broadcast complaint process on this single issue -  
though, of course, complaints on other issues can be filed without! using the  form. 
Links to the Form 475B  are already active on the FCC Homepage from any 
number of Consumer and Complaint  headings on that page.  Together with the webpage 
that the FCC announced  last month, outlining for the public the elements of 
obscene and indecent  speech, this action makes clear the FCC's continuing 
interest in, and focus on,  broadcast indecency.  Imminent Commission action on a 
multitude of pending  indecency complaints is rumored, as is further 
Congressional action to raise the  penalties for such speech.  Thus, the broadcaster 
should  beware. 
David D. Oxenford  
Pillsbury Winthrop Shaw Pittman LLP 

Forwarded by Willie...