Prepared Witness Testimony
The Committee on Energy and Commerce
W.J. "Billy" Tauzin, Chairman

H.R. 3717, the ‘Broadcast Decency Enforcement Act of 2004
Subcommittee on Telecommunications and the Internet
February 26, 2004
09:30 AM
2123 Rayburn House Office Building


Mr. Lowell "Bud" Paxson
Chairman and CEO
Paxson Communications Corporation
601 Clearwater Park Road
West Palm Beach, FL, 33401


Thank you Mr. Chairman, Mr. Vice-Chairman and distinguished members of the Subcommittee for providing me with the opportunity to address you today. My name is Lowell Bud Paxson, and I am Chairman and Chief Executive Officer of Paxson Communications Corporation. My company operates 61 full power television stations and PAXTV, a full service broadcast television network now in 95 million homes-89% of America's TV homes. Our network is dedicated to providing family television, free from gratuitous violence, explicit sex and foul language. Since 1998 we've worked very hard at PAXTV to show that you can be successful and make money in American television by providing programming that is wholesome and entertaining, and I'm very proud of that. I have been a holder of a radio or television broadcast license for over 50 years, and let me say that no station under my watch ever has broadcast indecent or obscene programming.

This indecency hearing was called in part because of a few seconds of a Super Bowl fiasco and the indecent escapade in St. Patrick's Cathedral in New York. The FCC and Congress say they have authority to regulate indecency on the broadcast airwaves because they belong to the people of the United States of America, and I agree.

Therefore, I give my unqualified support for Chairman Upton's bill, HR 3717.

Now, I have a few observations followed by a question. The Super Bowl fiasco was a matter of seconds. But just two days ago, Tuesday, here in Washington, D. C., cable and satellite providers carried 675 hours of pornography mostly on pay per view channels. Yes, a total of 675 hours of filth in one 24 hour period-and at all hours of the day. Now, here's the point. Cable and satellite use the public satellite orbital positions licensed by the FCC. They use microwave frequencies licensed by the FCC and owned by the people and the right of ways on streets also owned by the people. Cable and satellite television could not function without the public's right of ways or the public's spectrum.

I'm not attacking HBO, Showtime or the hundred of other cable networks that go further than broadcasters in the area of indecency. I'm talking about 675 hours of pornography in one 24 hour period-Tuesday, here in the nation's capital.

No one sitting in this room can tell me it is in the public interest for cable and satellite providers to use the public spectrum and right of ways to pipe indecent and obscene programming into America's living rooms at all hours of the day without any constraints or limitations. But that is what is happening, day after day.

How to fix this moral decay? Empower the FCC; enact legislation; have an amendment to the Constitution if necessary. You are the lawmakers. You can do it.

Just a note: The Bresnan Cable systems in Colorado, Montana, Wyoming and Utah carry no pornography channels. I salute and praise them. Oh, yes, they're profitable…very profitable.

I've talked with dozens of church clergy, and they would step to this microphone and tell you that the number one family counseling problem is pornography on cable, satellite and the Internet.

If you need voters' names on petitions to do something about this pervasive evil, just tell me how many millions. It will be done.

Please don't say that pornography is okay because it is scrambled. In fact, the people in the home who know how to use a remote control best are the kids, and you only need a remote control to click on a pay per view channel to unscramble those signals.

Finally, the proceeding of Multicast Must Carry for the public's digital TV licenses is over three years old at the FCC. It's the one thing necessary for the DTV transition to work, and it hasn't happened yet. The cable and satellite providers say they have no spectrum for the additional program streams that would provide companies like mine with the ability to offer more family friendly programming, minority oriented programming and faith based programming. Tell cable and satellite to get the pornography off. They've got room for our multicast channels.

The majority of American people have values and morals. The majority of America people do not want what they own to be used for pornography in any way.

Thank you for the opportunity to speak and I'll be happy to address any of your questions.


The Committee on Energy and Commerce
2125 Rayburn House Office Building
Washington, DC 20515
(202) 225-2927
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