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Subcommittee Chairman Upton and Congressman Markey, Full Committee Chairman
Barton and Congressman Dingell, and Members of the Subcommittee, thank you for
providing NBC with the opportunity to address the important matter of broadcast
responsibility as well as H.R. 3717, the "Broadcast Decency Enforcement Act
of 2004." I am Dr. Alan Wurtzel, the President of Research and Media
Development and Chief Executive for Broadcast Standards and Practices at NBC. I
have over 25 years experience in broadcast network television, and I am
currently responsible for establishing and implementing the NBC Television
Network's entertainment broadcast content policies and standards.
NBC's Commitment and Objective Is To Broadcast Quality Programming
As the head of NBC's Standards and Practices group, I can unequivocally commit
to you that NBC takes seriously our obligation to our viewers to air programming
that is not indecent, profane or obscene. NBC has been committed to doing so
since the earliest days of black and white television, and NBC continues to
honor that obligation. NBC also acknowledges that we are fully responsible for
all content that is transmitted over the NBC Television Network. As an
over-the-air television broadcast network, our goal is to reach a large,
heterogeneous viewing audience with programming that is appropriate, acceptable,
and consistent with all Congressional and FCC requirements. There is absolutely
no question that any indecent content in our network programming is antithetical
to NBC's core beliefs.
NBC Has Internal Safeguards In Place To Ensure Broadcasts Adhere to High
Standards
NBC has committed the necessary resources to fulfill its obligation to broadcast
appropriate content in all of its program offerings. NBC maintains a fully
staffed team of 17 highly experienced professionals in our Broadcast Standards
and Practices group. Their only job is to ensure that both the entertainment
programming and the commercial advertising aired on the NBC Television Network
are consistent with NBC's own internal standards. We actively review all of
NBC's network programming, ranging from scripted programming, to reality shows,
to Saturday Night Live. The Standards and Practices Department also determines
the placement of the appropriate voluntary rating on programming, and exercises
vigilant oversight to ensure that NBC's entertainment programming does not
contain inappropriate content. We are not the only group at NBC that ensures the
quality of NBC's network entertainment programming. NBC inculcates in all of its
personnel the importance of observing these standards in order to serve our
large and broadly diverse viewing audience.
The Bono Incident Was A Rare And Regrettable Occurrence In NBC's Long History
With Live TV Broadcasts
In light of NBC's long history with live television and considering that the NBC
Television Network transmits thousands of hours of network content annually, we
believe that NBC's internal policies and safeguards have been remarkably
successful in preventing obscene, indecent or profane programming from airing on
our network. Occurrences of inappropriate content in our network entertainment
programming have been extraordinarily rare and regrettable exceptions.
In this regard, NBC deeply regrets the entertainer Bono's spontaneous and
unfortunate choice of an unacceptable word during the live broadcast of the
Golden Globes awards show in January 2003. That incident stands in stark
contrast to NBC's long history of broadcasting live entertainment programming as
well as the history of the Golden Globes broadcast. NBC had broadcast the Golden
Globes live since 1996 without incident prior to Bono's remark. Furthermore, the
producer of the program, Dick Clark Productions, has a long-standing reputation
for professionalism and programming quality. As in years past, the producer,
prior to the 2003 Golden Globes, had instructed every participant in the event
that they needed to observe appropriate broadcast decorum. Therefore, Bono's
utterance of a profanity was completely unexpected by everyone involved in the
broadcast of the live program. In response to this unexpected incident, NBC
immediately deleted the word from its transmissions to affiliated stations in
the Mountain and Pacific time zones, which did not air the program live. NBC
sincerely regrets that it was unable to delete the word as part of the live
broadcast to the Eastern and Central time zones.
But the isolated Bono incident is a rare exception in NBC's long history with
live entertainment programming. It is unfortunate that what happened for a
fleeting second on the 2003 Golden Globes has overshadowed an otherwise
exemplary record of live entertainment broadcasting by NBC over many decades. In
any event, NBC has strengthened its practices with regard to live event
programming.
NBC Has Instituted Additional Safeguards
In an effort to take additional affirmative steps to protect our viewers from
another Bono incident, NBC has instituted the routine practice of running all
live award shows on a ten second delay. Since the Radio Music Awards in November
2003, all live awards shows have been-and will be-broadcast with both a video
and audio delay in effect. This technological measure will safeguard future
network audiences from a repetition of anything like the Bono incident. While
the delay process cannot be foolproof, NBC's Standards professionals are among
the most practiced in the industry and the application of their expertise should
help prevent any further incidents. Furthermore, NBC continues to impress upon
the producers and talent of live programs that our use of the delay in no way
absolves them from their responsibility to provide programming that is
consistent with the standards of the NBC Television Network. That means
absolutely no indecent language or behavior. As a further precaution, NBC has
also increased the voluntary rating category that we assign to live
entertainment programming to remind parents that certain programming may include
live, spontaneous and unpredictable content.
NBC's Internal Safeguards Benefit Affiliate Stations
The NBC Television Network has implemented its internal standards and safeguards
to protect not only the network and our owned and operated television stations,
but also for the benefit of our affiliates and our advertisers. NBC recognizes
the public interest obligations of FCC licensees. We are fully cognizant that
broadcast stations-both NBC's owned and operated stations and NBC
affiliates-have an obligation to their viewing audience to air programming that
is not indecent, profane or obscene. NBC's goal in broadcasting our programming
is to reach a large, heterogeneous viewing audience. Therefore, the NBC
Television Network strives to create quality programming that conforms to the
local community standards within which all of our affiliate stations operate.
Given the many different communities that enjoy NBC programming, this can be a
challenge. But, as a result, NBC affiliates benefit not only from the ability to
air NBC's quality programming, but also from NBC's Broadcast Standards'
procedures and safeguards.
As a practical matter, nearly all affiliates have found these precautions to be
sufficient for many years of programming. However, we recognize that there may
be rare instances in which an affiliate believes that certain NBC network
programming does not meet its specific local community standards. Under NBC's
affiliate contracts (and Section 73.658(e) of the FCC's rules), every NBC
affiliate has the right to reject or preempt any program-without penalty-if an
affiliate reasonably believes that such programming is unsatisfactory,
unsuitable, or otherwise contrary to the public interest in its specific
community. For example, the NBC Television Network has worked with our affiliate
in Salt Lake City to preempt Saturday Night Live every week due to the station's
concern that the program is incompatible with its prevailing community
standards. I should note that Saturday Night Live is aired well outside the
"safe harbor" time period, is an immensely popular and long-running
series seen by the vast majority of our other NBC's affiliates as a highly
valued program and has enjoyed an excellent record of staying within the bounds
of decency over its 27-year history. Nevertheless, we respect our Salt Lake
affiliate's decision, which is based on its judgment of what is appropriate for
that community.
NBC's Commitment to Avoiding Gratuitous Violence
At the previous Subcommittee hearings on broadcast indecency and at the
Subcommittee markup of H.R. 3717, a number of Members expressed concerns about
TV violence. NBC is extremely sensitive to those concerns and has already
responded to them. In the mid 1990s, NBC conducted a comprehensive review of its
primetime programming due to increasing concerns, which viewers articulated
through their elected representatives in Congress, about the potentially
negative effects of violent programming. The result was the development of an
essentially non-violent primetime program schedule which exists on the Network
to this day. On the current NBC primetime schedule, programs rarely-if
ever-depict interpersonal violence in a graphic or gratuitous manner. For
example, NBC's long running Law & Order series-and its off-shoots, Law &
Order: Special Victims Unit and Law & Order: Criminal Intent-exemplify our
approach to violence. Rather than show the actual act of violence, the Law &
Order franchise focuses on the negative interpersonal ramifications of violence
and deals with the legal consequences facing those who would commit acts of
violence.
NBC Supports H.R. 3717 As Introduced
To NBC and our owned and operated stations, the FCC's current authority is
adequate to ensure compliance. This is because NBC regards any fine-regardless
of the amount-as a serious matter and not simply the cost of doing business. At
the same time, we recognize that some have argued for tougher sanctions,
particularly in order to deter flagrant and repeat violators. In light of this
specific focus, NBC supports H.R. 3717, the "Broadcast Decency Enforcement
Act of 2004," as introduced, which will increase tenfold the statutory
maximum of FCC forfeiture penalties. We need to be mindful, however, of the
important First Amendment principles that are implicated by any content
regulation. It is for that reason that the Supreme Court has only given very
limited approval of any attempt to regulate broadcast indecency. We would
therefore caution against any enforcement regime that would establish set
responses without regard to the context of a broadcaster's violations or the
broadcaster's rights to a fair hearing, or that would impose penalties that are
disproportionate to the gravity of the offense.
Voluntary Industry Guidelines To Promote Greater Responsibility
NBC believes that concerns about indecent and inappropriate programming content
should be addressed on an industry-wide basis, encompassing cable and satellite
operators as well as broadcasters. In today's media environment, approximately
85 percent of television households subscribe to cable or DBS. Those viewers, on
average, receive 110 channels of programming, both retransmitted broadcast
signals and cable networks. For most viewers, there is no meaningful difference
between a broadcast station and a cable channel-each is just another click on
the same remote control. In light of this new competitive reality, NBC shares
the views expressed by several Members of this Subcommittee as well as several
FCC Commissioners that all industries that distribute programming to American
viewers must be a part of any serious effort to come to grips with issues of
appropriate program content. NBC pledges to participate in an appropriate
industry-wide, voluntary effort.
Conclusion
For over half a century, the NBC Television Network, together with its
affiliated stations, has provided quality news and entertainment programming to
the nation's television households. Recently, multiple new forms of media
competitors have arrived on the scene. These are essentially indistinguishable
to the average viewer, yet compared to broadcast networks they are subject to
far fewer limitations on their entertainment and advertising content. Despite
these competitive challenges, NBC remains committed to quality through its
Standards and Practices review process. We believe it is both good business as
well as responsible corporate citizenship to ensure that our programming
observes standards of suitability and appropriateness that are responsive to our
affiliates, our advertisers, and most importantly, our viewers.
We have every intention to continuing that commitment.
Thank you and I welcome any questions you may have.
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