Chairman Tauzin

Prepared Witness Testimony

The House Committee on Energy and Commerce

W.J. "Billy" Tauzin, Chairman

Link to Committee Tip Line:  Fight Waste, Fraud and Abuse
   

 

 

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. Alex Wallau
President
ABC Television Network
500 South Buena Vista Street
Burbank, CA, 91521

Good Morning Chairman Upton, Mr. Markey and Members of the Subcommittee. I am Alex Wallau, president of the ABC Television Network.

We at ABC and The Walt Disney Company take our role as broadcasters and stewards of the public airwaves very seriously. We never forget our status and our responsibilities as guests in the homes of our viewers, and we strive always to honor the trust they have placed in us.

Certainly, we do not allow material on our air that would violate the law against indecent broadcasts and the guidelines issued by the Federal Communications Commission interpreting that law. But our standards go far beyond the indecency rules. In scheduling our shows, and in reviewing each episode of those shows, we take great care to make sure that each is suitable for its time period and its intended audience.

ABC has a 24-person Standards and Practices department that carefully reviews every episode of our reality shows, specials, primetime dramas and comedies, made for television movies, theatrical motion pictures, and children's programming - as well as commercials, promos, and public service announcements -- to ensure that it meets our standards for taste and responsibility. This includes a detailed review of language, themes, plots, and visuals.

Live prime-time entertainment programming is subject to an audio and video delay mechanism staffed by experienced Broadcast Standards editors. We have used delay mechanisms on live music and comedy awards shows and other programming very effectively for more than a decade to prevent inappropriate audio or video material from being broadcast on the ABC television network. This Sunday, we will employ our delay mechanism during our primetime telecast of the Academy Awards, the first time in the 76-year history of the awards that such a delay will be used.

We believe strongly that we have a responsibility to enable our viewers to make informed choices about the programs that they want to watch and that they want their children to watch. For this reason, we go to great lengths to let viewers and parents know ahead of time that a program may contain material not suitable for children or simply not in keeping with their own tastes or sensibilities.

Every episode of our entertainment programs carries an on-screen rating indicating its age suitability and, when appropriate, a designation indicating the presence of adult language or content. These ratings are carried in an on-screen icon at the beginning of every show. When appropriate, we add a full screen video and audio "Viewers Discretion" advisory at the start of the program to alert audiences that the show contains material some may find objectionable; such advisories are also included in on-air promotional messages for the show.

Additionally, the rating for each program is encoded within the show to enable blocking by television sets with the v-chip. Millions of such televisions are in American homes today. We agree with Congressman Markey's suggestion that a renewed public education effort about the v-chip would be useful and worthwhile, and we pledge that we will once again support such a campaign with public service announcements and related efforts.

We will also pursue other steps to make information about our programs, including their rating, even more accessible to our viewers. For example, we intend to place the rating icon on the screen after every commercial break, another good suggestion by Congressman Markey. When appropriate, we will repeat the full-screen "Viewers Discretion" advisory at later points in a broadcast. We will also add the ratings and advisories to our on-line internet listings.

We go to great lengths and expense to ensure that the programming we air violates neither FCC rules and regulations on indecency nor our own more stringent standards. And while we are determined to maintain these high standards, as over-the-air broadcasters, we feel an obligation to question the lack of regulatory parity that exists between us and basic cable channels in this regard. As you know, the current rules that apply to broadcasters are very different from those that apply to cable or satellite providers. We don't believe that this distinction makes much sense in today's world where the combined audience for the cable and satellite channels exceeds the combined audience for the broadcast channels. To the parent or child surfing with a remote control in one of the 84 percent of American homes that receive pay television, the distinction between broadcast and basic cable or satellite channels simply no longer exists. Indeed, it seems that some of the programming that people have in mind when they complain about objectionable television material is actually on cable, not broadcast. Not only does this call into question the effectiveness of the indecency rules; it also raises troubling issues of fairness that would only be exacerbated by any efforts to impose even more stringent restrictions on broadcasters alone.

Mr. Chairman, one argument that has been made during your series of hearings is that the broadcast affiliates are powerless to pre-empt programming that they deem to be objectionable.

Nothing could be further from the truth. In our affiliation agreements, our affiliates are guaranteed the right to reject or refuse network programs which the station reasonably believes to be "unsatisfactory, unsuitable or contrary to the public interest."

Though our affiliates have this pre-emption right, they choose to exercise it very rarely to reject programming they believe to be indecent or otherwise unsuitable for reasons of content. When they do, we respect and abide by their decisions. For example, ABC affiliates in Biloxi and Meridian, Mississippi have chosen to preempt the series "NYPD Blue" entirely ever since it premiered in 1993. They remain valued affiliates of our network. Affiliates also have the right to decline to carry individual episodes of our entertainment series if they are uncomfortable with their content, and occasionally do so.

In conclusion, we at the ABC Television Network are proud that millions of Americans rely on us every day to bring them quality television programming. We will continue to make every effort to honor their trust.

 
 

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