Who regulates interstate communications they prohibit the use of profanity quizlet?

The Federal Communications Commission regulates interstate and international communications by radio, television, wire, satellite and cable in all 50 states, the District of Columbia and U.S. territories. An independent U.S. government agency overseen by Congress, the commission is the United States' primary authority for communications law, regulation and technological innovation. In its work facing economic opportunities and challenges associated with rapidly evolving advances in global communications, the agency capitalizes on its competencies in:

• Promoting competition, innovation and investment in broadband services and facilities
• Supporting the nation's economy by ensuring an appropriate competitive framework for the unfolding of the communications revolution
• Encouraging the highest and best use of spectrum domestically and internationally
• Revising media regulations so that new technologies flourish alongside diversity and localism
• Providing leadership in strengthening the defense of the nation's communications infrastructure

Leadership

The agency is directed by five commissioners who are appointed by the President of the United States and confirmed by the U.S. Senate. The president also selects one of the commissioners to serve as chairman. Only three commissioners can be of the same political party at any given time and none can have a financial interest in any commission-related business. All commissioners, including the chairman, have five-year terms, except when filling an unexpired term.

Organization

The commission is organized into bureaus and offices, based on function (see also Organizational Charts of the FCC). Bureau and office staff members regularly share expertise to cooperatively fulfill responsibilities such as:

• Developing and implementing regulatory programs
• Processing applications for licenses and other filings
• Encouraging the development of innovative services
• Conducting investigations and analyzing complaints
• Public safety and homeland security
• Consumer information and education

Rules and Rulemakings

The FCC's rules and regulations are in Title 47 of the Code of Federal Regulations (CFR), which are published and maintained by the Government Printing Office. Title 47 Rules & Regulations are also available on the web in a searchable format.

Most FCC rules are adopted by a process known as "notice and comment" rulemaking. Under that process, the FCC gives the public notice that it is considering adopting or modifying rules on a particular subject and seeks the public's comment. The Commission considers the comments received in developing final rules. For more information, check out our online summary of the Rulemaking Process at the FCC.

Advisory Committees

In 1972 Congress passed the Federal Advisory Committee Act to ensure that advice by advisory committees is objective and accessible to the public. The Act put in place a process for establishing, operating, overseeing, and terminating these committees that provide valuable input from consumer groups, industry stakeholders, public safety officials and other interested parties.

• List of all of FCC advisory committees, task forces, councils and other groups

Federal law prohibits obscene, indecent and profane content from being broadcast on the radio or TV.  That may seem clear enough, but determining what obscene, indecent and profane mean can be difficult, depending on who you talk to.

In the Supreme Court's 1964 landmark case on obscenity and pornography, Justice Potter Stewart famously wrote: "I know it when I see it."  That case still influences FCC rules today, and complaints from the public about broadcasting objectionable content drive the enforcement of those rules.

In other words, if you "know it when you see it" and find it objectionable, you can tell the FCC and ask us to check into it.

Deciding what's obscene, indecent or profane

Each type of content has a distinct definition:

Obscene content does not have protection by the First Amendment.  For content to be ruled obscene, it must meet a three-pronged test established by the Supreme Court: It must appeal to an average person's prurient interest; depict or describe sexual conduct in a "patently offensive" way; and, taken as a whole, lack serious literary, artistic, political or scientific value.

Indecent content portrays sexual or excretory organs or activities in a way that is patently offensive but does not meet the three-prong test for obscenity.

Profane content includes "grossly offensive" language that is considered a public nuisance.

Factors in determining how FCC rules apply include the specific nature of the content, the time of day it was broadcast and the context in which the broadcast took place.

Broadcasting obscene content is prohibited by law at all times of the day. Indecent and profane content are prohibited on broadcast TV and radio between 6 a.m. and 10 p.m., when there is a reasonable risk that children may be in the audience.

What about cable, satellite TV and satellite radio?

Because obscenity is not protected by the First Amendment, it is prohibited on cable, satellite and broadcast TV and radio.  However, the same rules for indecency and profanity do not apply to cable, satellite TV and satellite radio because they are subscription services.

Enforcing the rules

Enforcement of the obscenity, indecency and profanity rules usually begins with complaints from the public that FCC staff review for possible violations. If an investigation is warranted and the FCC finds a station in violation of its rules, it has the authority to revoke a station license, impose a fine or issue an admonishment or warning.

What if I have comments or concerns about a specific broadcast?

All comments and/or concerns about a specific broadcast should be directed to the stations and networks involved.

What information should I include in an obscenity, indecency or profanity complaint with the FCC?

When filing a complaint, please include the following information:

• Date and time of the broadcast.
• The call sign, channel and/or frequency of the station.
• Details of what was actually said or depicted during the broadcast.

Detailed complaints are helpful for analyzing the context of offensive language, images or scenes and determining possible rule violations. It is also helpful (but not a requirement) to include a recording or transcript of a broadcast when possible, though any documentation you provide becomes part of the FCC's records and may not be returned.

Printable Version

Obscene, Indecent and Profane Broadcasts (pdf)

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