[United States Statutes at Large, Volume 120, 109th Congress, 2nd Session]
[From the U.S. Government Printing Office, www.gpo.gov]

120 STAT. 491

Public Law 109-235
109th Congress

An Act


 
To increase the penalties for violations by television and radio
broadcasters of the prohibitions against transmission of obscene,
indecent, and profane language.  NOTE: June 15, 2006 -  [S. 193]

Be it enacted by the Senate and House of Representatives of the
United States of America in Congress  NOTE: Broadcast Decency
Enforcement Act of 2005. 47 USC 609 note.  assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ``Broadcast Decency Enforcement Act of
2005''.

SEC. 2. INCREASE IN PENALTIES FOR OBSCENE, INDECENT, AND PROFANE
BROADCASTS.

Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C.
503(b)(2)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(2) by inserting after subparagraph (B) the following new
subparagraph:

``(C) Notwithstanding subparagraph (A), if the violator is--
``(i)(I) a broadcast station licensee or permittee; or
``(II) an applicant for any broadcast license, permit,
certificate, or other instrument or authorization issued by the
Commission; and
``(ii) determined by the Commission under paragraph (1) to
have broadcast obscene, indecent, or profane language, the
amount of any forfeiture penalty determined under this
subsection shall not exceed $325,000 for each violation or each
day of a continuing violation, except that the amount assessed
for any continuing violation shall not exceed a total of
$3,000,000 for any single act or failure to act.''; and

[[Page 492]]
120 STAT. 492

(3) in subparagraph (D), as redesignated by paragraph (1),
by striking ``subparagraph (A) or (B)'' and inserting
``subparagraph (A), (B), or (C)''.

Approved June 15, 2006.

LEGISLATIVE HISTORY--S. 193 (H.R. 310):
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HOUSE REPORTS: No. 109-5 accompanying H.R. 310 (Comm. on Energy and
Commerce).
CONGRESSIONAL RECORD, Vol. 152 (2006):
May 18, considered and passed Senate.
June 6, 7, considered and passed House.
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006):
June 15, Presidential remarks.