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FCC Indecency Rules Don't Apply to Satellite Radio

SirTwitchALot writes "The FCC has announced that Satellite radio services do not have to comply with the same indecency requirements as traditional broadcasters. Apparently this decision was brought forth by the complaint of a traditional radio station owner, stating that the FCC needs to "level the playing field." Chalk up a win for continued freedom on subscription services."

32 of 330 comments (clear)

  1. So why can't free media have freedom of expression by expro · · Score: 3, Insightful

    Pay a premium to have a medium that is slightly freer, yet the medium itself is just as controlled and subvertible.

  2. TV is subscription too by DumbWhiteGuy777 · · Score: 5, Funny

    This makes me wonder why the FCC has such power over TV. Not that I liked seeing Janet Jackson's breast or anything...

    1. Re:TV is subscription too by ScrewMaster · · Score: 4, Funny

      Yeah ... I've never gotten excited over synthetic android breasts either.

      --
      The higher the technology, the sharper that two-edged sword.
    2. Re:TV is subscription too by pdkrocul · · Score: 3, Informative

      Because TV broadcasts over the "people's airwaves".
      Cable TV subscribers often forget that many people in the US don't have cable, and rely on over the air broadcasts.
      The FCC controls the process that TV stations follow to obtain a broascast license.
      The bigger question is how did the FCC evolve from a technical organization to a decency enforcer?

  3. Re:"Privately owned" by Monsieur+Canard · · Score: 4, Insightful

    That's the gist of the argument. Any service which you have to invite into your home (in other words subscribe to) does not have to meet the same standards as any service which can be picked up accidently by a supposedly innocent bystander.

    --
    He took a duck to the face at 250 knots.
  4. So... by Anonymous Coward · · Score: 4, Insightful

    The FCC rules that FCC rules do not apply to things outside of the FCC's domain.

    Again.

    I can't decide whether I find it comforting these kinds of rulings keep showing up so often or worrisome these kinds of rulings are even being CONSIDERED.

  5. kind of funny by anti11es · · Score: 3, Insightful

    Kind of funny (and rather sad) how instead of fighting the censorship they would rather just have everybody under the same censorship...yey everybody loses.

  6. Level the playing field? by Faust7 · · Score: 4, Insightful

    In a letter to the FCC, Levine complained that the commission needed to create a "level playing field" in protecting the public interest.

    Yes! Once the playing field is leveled, to the ground, charred, smoking, apocalyptic, barren of expression... the public interest will have been protected.

  7. Level the playing field? by NCraig · · Score: 3, Interesting

    What's next, NBC complaining about HBO? Too bad for Saul Levine that he didn't have Clear Channel on his side. I wonder if that would have given his claim any more weight.

  8. Re:You PAY for satellite radio by ALpaca2500 · · Score: 3, Informative

    i don't think they do... Comedy Central can broadcast whatever the hell they want, e.g. the south park movie, in its entirety, uncensored...

  9. Subscriptions, Privacy and Indencency by Jahf · · Score: 5, Insightful

    The basic summary of the decision is that because you pay for the service you are inviting the information in (ahhh, reminds me of "Lost Boys" :) and therefore anything "indecent" is your fault.

    I think the whole state of affairs is flawed.

    1) If I am a well-off under-18 I likely have access to some form of credit account (even if it is just my debit card attached to my allowance). I can subscribe to one of these services much easier than I can to a satellite TV service because I don't need to deal with an installer.

    Is it likely? No, and even then most parents aren't going to care as much. Doesn't change the lack of validity in the presumption.

    Plus it doesn't stop me from listening to the music / talk / whatever being played by my friends and simply put satellite radio is a lot more portable than the Playboy channel.

    2) I can get access to whatever content I want on the Internet ... and by going to a library can do so for free. I can turn on the radio or TV today and still see stuff that is considered indecent by many yet not by me. By equating subscriptions with privacy, we are forced into a culture where to get information we want we have to pay for it. It is the "new" thing today but it will likely be standard tomorrow.

    3) It should be up to the adult or a parent and no one else what is indecent. I personally would MUCH rather have a teenage boy listening to Howard Stern enact boyish fantasies than to have that same teenage boy listening to a radical fundamentalist preacher telling him his thoughts are evil (and I know that the reverse is true for many). I may not consider the preacher indecent (though it gets close sometimes), but that just highlights the point AFAIK.

    Point is ... we shouldn't have to pay to get freedom of expression and we shouldn't have to be subject to what someone -else- considers decent/indecent.

    --
    It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
    1. Re:Subscriptions, Privacy and Indencency by Otter · · Score: 3, Insightful

      This policy is what is known as a "compromise". Its purpose is not to make you personally 100% happy, nor is it designed to be fully resistant to any labored scenario, analogy or metaphor you might dream up. It's balancing the concerns of 300 million people, and seems to me to be a reasonable job of doing so.

  10. That guy that complained... by NitroWolf · · Score: 5, Insightful

    That guy that complained needs to be taken out an beaten. Rental cars? Please... if the customers of rental cars don't like the service so much, and find it so obscene, then they don't rent from that rental company any more.

    Listening to Satellite radio is a CHOICE. You can't "accidentally" listen to it. You have to actively and willfully make an attempt to listen to it, and thus the FCC has absolutely NO grounds to censor it.

    That guy is just a chump and can't compete in the market place, so he wants big brother to step in and fight his battles for him. People like that need to be removed from the gene pool.

    I'm so SICK AND TIRED of being told what I can and can't watch/hear by other people. I wish there was someplace left on this earth I could go start my own nation. /sigh

  11. Re:"Privately owned" by Jahf · · Score: 4, Interesting

    If I buy a television or radio, plug it in, turn it on and tune it in I am inviting the signal into my house.

    Maybe this could be settled by opening a new market for television and radios where you have to call and pay a slight fee to activate the "uncensored" channels.

    Or just turn on the V-chip (and put them in radios) and allow the conscious act of turning it off (and to protect kids have a PIN system like ... oh yeah ... the V-chip has) to be the acceptance of the purposefulness of my actions.

    The whole Janet Jackson debacle should have been left to the free market. MTV/NFL pissed off a whole boatload of people and that was their fault for not understanding their market. If people had to make decisions based on the history of broadcasters instead of using the FCC as a lobby against the entertainment industry, shows would lose viewers (instead they often create "grudge viewers" who watch just to get mad) and the markets would right the boat while viewers would be more intelligent with their watching habits.

    The FCC should be for regulating signals and criminal activity. Subjectively "indecent" content should not be able to be punished in a pseudo-criminal manner by an organization that is not representational of their constituency.

    --
    It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
  12. Re:DUH by dougmc · · Score: 4, Interesting
    It's like Cable TV.
    Well, a better analogy would be satellite TV. In fact, satellite TV would be just about a perfect analogy, in a world of flawed analogies. Cable TV doesn't involve radio waves broadcast through the air (it involves radio waves channeled through a cable.) The FCC regulates radio waves broadcast, so in theory they could go after satellite TV if they wanted to. But cable TV ought to be outside of their domain.

    Had the FCC actually decided that satellite radio had to be `decent', then this would not only put a stop to bad language on Comedy Central, but also to PPV porn on Direct TV or Dish Network, for example. Of course, it doesn't have to be just porn -- any show with nudity would be prohibited.

    (It's odd how violence is ok, but the slightest view of a nipple and people go nuts.)

    In any event, it's refreshing to see the FCC make a good decision once in a while.

  13. Re:"Privately owned" by Monsieur+Canard · · Score: 4, Insightful

    If I buy a television or radio, plug it in, turn it on and tune it in I am inviting the signal into my house.

    But you're forgetting the "Won't somebody think of the children" rule. If I buy a TV just so I can watch Pat Robertson warn me about the evil that gays and *shudder* liberals pose to my existence, what's to prevent my theoretical 5-year old child from turning on the tube and being assaulted by some tripe-spewing volcano of depravity (or an NBA game) coming over the "free" airwaves.

    And v-chips? Pshaw I say. I can barely be counted on to form my own opinion when it comes to presidential elections. How am I supposed to regulate what my children watch?

    --
    He took a duck to the face at 250 knots.
  14. Re:You PAY for satellite radio by Dr+Reducto · · Score: 4, Interesting

    Cable can broadcast whatever they want. There was a Supreme Court Decision on it. From what I understand though, the reason why Cable channels don't just broadcast hardcore pornography is that they want to keep their advertisers.

    This is why MTV is so tame. MTV could allow uncensored rap/nudity/etc, but the advertisers are too conservative to alow such a thing. It's just capitalism at work.

  15. Hey FCC, that's good but for an encore... by Weaselmancer · · Score: 3, Insightful

    ...how about laying off cable TV? I've never understood why the Comedy Channel has to edit their damn movies. They're not broadcast transmissions. You have to pay to get them, you can't stick a coathanger antenna out your window and receive them - so what's the problem?

    --
    Weaselmancer
    rediculous.
  16. Re:"Privately owned" by Gordonjcp · · Score: 3, Insightful
    The whole Janet Jackson debacle should have been left to the free market. MTV/NFL pissed off a whole boatload of people and that was their fault for not understanding their market.

    No, MTV/NFL pissed off about three people, the rest were whipped up into a frenzy by the press. No-one really cared until the media told them they should.


    Over here in the UK, more overt nudity is used to advertise kitchen appliances and motor oil.

  17. pornography and satellite TV by Anonymous Coward · · Score: 4, Informative
    I am completely broke so I certainly will not be buying a satellite dish for a long, long time, but recently I became curious about pornographic satellite TV in the US and Europe for some reason. I don't recall what sparked it, but I think I wanted to know if European pornography channels reached the US. I'll explain what I learned, although take this all with a grain of salt and double-check it.

    There are two major types of satellite in the US. One is TVRO, or "BUD" which uses a large dish and receives mostly on the C band (although I believe it can do ku band) - it uses fairly open standards. The other is DBS (Direct Broadcast System) which uses a mini-dish and receives I believe exclusively on the Ku band - it uses very closed standards. Originally TVRO was more popular, but DBS has become more popular over the years. DirecTV, Echostar's DISH network and a new service called Voom are three American DBS companies.

    Looking at broadcast maps, it occurred to me that signals seem to be confined to a continent. European porn channels are mostly confined to Europe, American porn channels are mostly confined to North America. I didn't see any satellite that spanned the Atlantic with its signal. Mississippi, Alabama, North Carolina, Oklahoma, Utah or Tennessee and the City of Cincinatti, Ohio have laws against the content of American porn satellite channels, so satellite companies won't sell to subscribers there (or will limit what they can get). Southern states legislatures probably have an effect on the rest of the country, European satellite TV can show a lot of content that American TV can not. But the adult content Americans can get from Europe is limited, if any, at least from what I could see - correct me if I'm wrong.

    Anyhow, I'll look up some specifics about the various channels (like TEN, Playboy etc.) and post it as a reply to this message a little later.

  18. Re:"Privately owned" by Jahf · · Score: 5, Insightful

    Yeah, I know. Having travelled to Norway, the UK and Ireland I am familiar with how weird U.S. television policies have become.

    Interestingly to me, while there was more sexuality on overseas there were less crime dramas and less violence overall in those areas. I know which of the two I would rather a developing mind see.

    --
    It is more productive to voice thoughtful opinions (reply) than to judge (moderate) others.
  19. Pablum... by cdrguru · · Score: 3, Interesting

    A tasteless form of hot ceral. Also, used to refer to anything without form or substance that is foisted upon people.

    Childproofing is the task of running around your house to make it "safe" for an unmonitored child so they can't start fires, can get at poisons (which they will eat) and can break things.

    This is what you get when people utterly refuse to raise their children. Parents today want the schools to do it for them. And, want the government to help. And anybody else they can get - as long as they are left out of the process. So, we end up with a society that has been "childproofed". That is really what we are talking about here, isn't it?

    The side effect of this is until our society is completely childproofed, we have abberations where children are incompletely raised. The result of this is rampent welfare ("The government OWES me, man!"), theft ("I want, I want NOW!") and vandalism. So, shops put in expensive theft-prevention equipment and police end up dealing with 20-year-old children that never grew up.

    How many older or adult children killed their parents this year? How many killed their parents before 1960? How about adjusting this as a percentage of the population and seeing if there is any growth? This is a sure sign of parental abdication.

  20. Sponsors by Anonymous Coward · · Score: 4, Insightful

    Comedy central does not get all of its money from cable subscribers (like HBO does), so it must get sponsorship. That means it must have shows that sponsors are willing to pay for. Since sponsors tend to get a bit gunshy around swearing and nudity, most cable stations have to avoid it.

    Unfortunately, sponsor censorship is just a fact of life. If you want to pay for all of your own programming, subscribe to HBO (it's well worth it, IMHO), and get all the sex and swearing you can handle. If you want Proctor & Gamble to pay for your programming, you have to let them dictate what will not be part of it.

    aQazaQA

  21. WTF!?! this is totally stupid by t_allardyce · · Score: 4, Insightful

    What a load of bullshit, this reminds me of the senator who after seeing the video of a marine shooting an injured insurgent in a mosque was outraged and said that embedded news teams should be banned! This is totally ridiculous - OF COURSE the playing field should be levelled, otherwise what is the fucking point of the FCC? The field should however (and this to me is like explaining that the earth goes around the sun) be levelled on the totally opposite direction - get rid of the bloody censorship altogether! WTF are these people smoking?

    Now could someone please explain why a V-Chip like system (that either blocks out the audio/video when it gets the signal OR unblocks a scrambled audio/video when it gets the signal) has not been standardised to solve this stupid problem? All the FCC needs to do is find out how many people oppose censorship vs how many are in favour and then decide which system to use and therefore who has to buy new radios/tvs or adaptors if they want to take advantage of it, it really is that simple. Or just do what the rest of the world does and not get so anal about hearing people swear.

    --
    This comment does not represent the views or opinions of the user.
    1. Re:WTF!?! this is totally stupid by HarveyBirdman · · Score: 5, Insightful
      otherwise what is the fucking point of the FCC?

      Spectrum management. Period.

      --
      --- Ban humanity.
    2. Re:WTF!?! this is totally stupid by akac · · Score: 3, Funny

      And it looks like you're in the minority. The FCC DOES do what the majority of people want and the majority DON'T want Janet's breast on OTA broadcasts. The majority DO want censorship to that degree. Just because you feel the right to something doesn't make your opinion the majority opinion.

      That's the problem. Too many here on SlashDot are self righteous idiots who think their opinion is the majority one because its obviously right. Well guess what - its not.

    3. Re:WTF!?! this is totally stupid by spectecjr · · Score: 4, Informative

      And it looks like you're in the minority. The FCC DOES do what the majority of people want and the majority DON'T want Janet's breast on OTA broadcasts. The majority DO want censorship to that degree. Just because you feel the right to something doesn't make your opinion the majority opinion.

      Incorrect. 98% of all complaints to the FCC come from ONE single lobbying organization.

      That's not the majority. That's a lobbying group with an agenda they want to push.

      --
      Coming soon - pyrogyra
  22. Perfectly sensible by nsayer · · Score: 3, Interesting

    The big difference between terrestrial broadcasting and satellite radio is that the latter is not, in fact, "broadcasting." You have to pay to receive it. All of the arguments that have been posted have not taken this into account. Because it involves a contract, no minor can sign up for service on their own, so the whole idea of empowering parents to shield their children from naughty concepts, should they choose to, remains intact. And both services will, if you request it, block any channels you wish from your receiver.

    A child can buy an AM/FM radio - there is no contract involved. That is the fundamental difference.

    That is also true of TVs, but they're significantly more expensive, making it much more likely a parent would know if his child had a personal TV set.

    TVs now must, because of type acceptance rules, have ratings enforcement mechanisms (the so-called "V" chip). The reason that the rules have not been loosened significantly is that those rules do not apply universally - TVs smaller than a certain size are exempt. If we *knew* that every TV had a parental control mechanism, then TV-MA programming *should* have no decency rules at all.

    The first ammendment does not allow content based censorship unless it is the least intrusive means available to achieve the end of allowing parents to keep offensive programming away from their children. We are rapidly approaching the time when it won't be anymore. I'm looking forward to it.

    And by the way, before anyone brings up Cable / Satellite TV channels... I believe that they actually do *not* have to abide by the same decency standards. I believe they do voluntarily (except for the premium tiers, of course, like HBO, Showtime, etc).

  23. Re:"Privately owned" by SonicBurst · · Score: 5, Funny

    A few winters ago, my local PBS station (Mountain Lake PBS), was showing a documentary on birthing. Well, they got to the point where the focused the camera on the woman's crotch (not blurred out), and the transmitter hiccupped somehow, freezing the image perfectly centered on her nether region. This wasn't a problem at the studio, it was a problem at the transmitter/antenna site.

    Well, they don't call this station Mountain Lake PBS for nothing. The transmitter is in a pretty remote location and could only be reached by snowmobile at this time of year. So, the image lasted quite a long time (12 hours, IIRC) before it got fixed. As silly as it sounds, the incident made national news. Just thought I'd share.

    --

    Geek used to be a four letter word. Now it's a six-figure one.
  24. Re:"Privately owned" by ATMAvatar · · Score: 4, Insightful

    "If you suck on a tit the movie gets an R rating. If you hack the tit off with an axe it will be PG."
    Jack Nicholson

    --
    "They that can give up essential liberty to obtain a little temporary safety deserve neither liberty nor safety."
  25. Paid Free Speech Zone... by Anita+Coney · · Score: 3, Insightful

    So basically in the US you have to pay extra to get the right to free speech.

    --
    If someone says he and his monkey have nothing to hide, they almost certainly do.
  26. Re:"Privately owned" by Catbeller · · Score: 3, Informative

    Arg. I proclaim there was no Janet Jackson debacle. There was a manufactured debacle on the sadly (now) right-wing cable news channels, right wing radio and most importantly a few "decency" (right wing churches SEE: southern, baptist, fundamentalist ) groups flooded the FCC with complaints. In 2003, 99.8 percent of the complaints come from the Parents Television Council. Here's a sample:

    What Powell did not reveal--apparently because he was unaware--was the source of the complaints. According to a new FCC estimate obtained by Mediaweek, nearly all indecency complaints in 2003--99.8 percent--were filed by the Parents Television Council, an activist group.

    This year, the trend has continued, and perhaps intensified.

    Through early October, 99.9 percent of indecency complaints--aside from those concerning the Janet Jackson "wardrobe malfunction" during the Super Bowl halftime show broadcast on CBS-- were brought by the PTC, according to the FCC analysis dated Oct. 1. (The agency last week estimated it had received 1,068,767 complaints about broadcast indecency so far this year; the Super Bowl broadcast accounted for over 540,000, according to commissioners' statements.)


    A small fundamentalist group is, with Bush and Powell's avid help, bringing down a blanket of censorship on America.