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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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