Indecent and Gratuitous and Excessively Violent Programming Control Act of 2005

Summary

Indecent and Gratuitous and Excessively Violent Programming Control Act of 2005 - Directs the Federal Communications Commission (FCC) to assess the: (1) technological and practical effectiveness of measures that require television broadcast station licensees (licensees) and multichannel video programming distributors (MVPDs) to rate and encode programming that could be blocked by parents; (2) prevalence of violent programming on television; and (3) effectiveness of the current system for rating and encoding violent programming. Requires the FCC, if it determines that current rating and encoding measures are not effective in protecting children from violent or indecent video programming, to initiate and conclude a rulemaking proceeding to: (1) prohibit licensees from broadcasting such programming during children's viewing hours; or (2) adopt measures that adequately protect children from such programming. Provides exemptions, including premium and pay-for-view services. Amends the Communications Act of 1934 to provide forfeiture penalties for licensees or license applicants determined to have broadcast obscene, indecent, or profane language or images. Outlines factors to be considered in determining penalty amounts, including: (1) whether the material was live or recorded, scripted or unscripted; (2) whether a time delay blocking mechanism was implemented; (3) the size of the audience and market; and (4) whether the violation occurred during children's viewing hours. Requires public hearings with respect to violations of indecency prohibitions. Requires licensees or permittees that receive programming from an unaffiliated network to be given reasonable opportunity to review all recorded or scripted programming in advance, and to preempt any violating programming. Requires each licensee, MVPD, and other programming service to provide a warning of the specific content of each recorded or scripted program it broadcasts. Directs the FCC to: (1) assess the effectiveness of voluntary programming rating standards; and (2) require each licensee to broadcast daily at least six hours of educational and informational programming. Expresses the sense of Congress that each licensee, MVPD, and other programming service should reinstitute or adopt provisions set forth in the "Television Code of the National Association of Broadcasters," as adopted on December 6, 1951.

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Timeline

1. 14 March 2005

   Introduced

   Read twice and referred to the Committee on Commerce, Science, and Transportation. (text of measure as introduced: CR S2650-2652)

   Source: IntroReferral

2. 14 March 2005

   Introduced

   Sponsor introductory remarks on measure. (CR S2649-2650)

   Source: IntroReferral

3. 14 March 2005

   Introduced

   Introduced in Senate

   Source: IntroReferral

Votes

No vote records are attached yet.

Versions

• Introduced in Senate · 14 March 2005 · Official file

Documents

3 official files

• Introduced in Senate (text)

  Introduced in Senate · EN · 14 March 2005

  ViewDownloadOpen at official source

• Introduced in Senate (PDF)

  Introduced in Senate · EN · 14 March 2005

  ViewDownloadOpen at official source

• Introduced in Senate

  summary · EN · 14 March 2005

  Open at official source

Sponsors

• Sen. Rockefeller, John D., IV [D-WV] · D · Sponsor
• Sen. Hutchison, Kay Bailey [R-TX] · R · Sponsor
• · sscm00 · Standing

Related records

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