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February 2003 CBI Newsletter

1) CMA/CBI Regional conference in New York City is just 38 days away! At the Roosevelt Hotel just blocks from Times Square, CBI has organized 15 specific broadcast sessions featuring the industry professionals and people working in the following groups:

Rick Carr-NPR, StreamingMedia.com, Arista Records, MTV, Viacom, NFL Special Events, Sesame Street, A&E Television, 20/20, Law & Order: Special Victims Unit, Nielsen Media Research, and College Media? Plus additional sessions on leadership and management of student media.

Thanks to all who helped organize these sessions. Registration and more info at collegebroadcasters.org.

2) The Legal File: (from the office of Cary Tepper)

Q: With recent FCC fines and other news items, what should college broadcasters know about indecency/obsenity and "safe harbor"?

A:Collegiate broadcasters, like their commercial counterparts, should always be cognizant of the fact that the FCC has authority to regulate obscene and indecent programming as a result of Title 18 of the Criminal Code of the United States (18 U.S.C.A. '1464), which contains a specific prohibition against broadcast stations presenting any material which is Obscene, indecent, or profane. Furthermore, the Communications Act of 1934, as amended, empowers the FCC to impose a range of civil sanctions for violations of Section 1464, including issuance of warnings, imposition of fines, and revocation of licenses. See, 47 U.S.C. ''312(a)(6) and 503(b)(1)(D).

Indecent material is afforded constitutional protection because the courts view indecent material much less offensive than obscene material, and because reasonable steps can be taken to restrict the broadcast of indecent material at appropriate times. Accordingly, the FCC's rules now prohibit the broadcast of indecent material everyday between the hours of 6 a.m. and 10 p.m., while indecent programming is permitted any day between the hours of 10 p.m. and 6 a.m. The 10 p.m. to 6 a.m. time period is commonly referred to as the "safe harbor" time -- since it is "safe" to broadcast such programming at that time without the risk of government sanctions. See, '73.3999(b) of the FCC Rules.

According to the Office of General Counsel at the FCC, there is no current litigation pending regarding "safe harbor." The FCC continues to enforce its regulation of obscene and indecent programming, and that is usually done in response to specific complaints filed with the FCC.

3) While making 2003-04 year budgets in the coming months, don't forget to include travel funds for the National Conference November 6-9 in Dallas. Our normal quality broadcast sessions for radio AND television AND internet issues plus our second annual student production awards (it's always more fun to accept your award in person instead of via the mail).

4) Time to begin thinking about running for one of the three seats (two faculty two-year terms and one student one-year term) available on the CBI Board this fall. Nominations will take place this spring with election in the fall.

5) You're next...FCC licensed radio stations in Delaware, Indiana, Kentucky, Pennsylvania, Tennessee and Texas must file Ownership Reports (Form 323) by April 1st.

Hope to see you in NYC!

Warren Kozireski
Chair-CBI