FCC Tackles Backlog of Indecency Inquiries

After a hiatus of what numerous attorneys say is close to two years, the Federal Communications Commission has begun to follow up on some of the one million-plus indecency complaints it has acknowledged are in its pipeline, including one concerning a Dr. Phil episode that aired four years ago.

This development will require broadcasters to once again hunt down old show tapes, and accrue documents and other materials -- along with new lawyers' fees -- to defend their own or their networks' programming decisions. Two communications attorneys who spoke on background acknowledged that they are aware of at least three letters of inquiry sent out by the FCC in the last two months. After a complaint is filed, the letter is essentially the FCC's first step in following up on a complaint if the Enforcement Bureau deems that it merits further inquiry. It is a step the FCC has heretofore been reluctant to take. The letters come after a period of court-enforced-or at least prompted-inactivity on that front, the attorneys said. That hiatus was due to the court decisions, including the FCC's indecency findings against the Super Bowl halftime and swearing on Fox, that initially went against the FCC.