What are the statutes and rules regarding the broadcast of obscene, indecent,
      and profane programming?
      Title 18 of the United States Code, Section 1464, prohibits the utterance of “any obscene,
      indecent or profane language by means of radio communication.” Consistent with a
      subsequent statute and court case, the Commission's rules prohibit the broadcast of
      indecent material during the period of 6 a.m. and 10 p.m. FCC decisions also prohibit the
      broadcast of profane material between 6 a.m. and 10 p.m. Civil enforcement of these
      requirements rests with the FCC, and is an important part of the FCC's overall
      responsibilities. At the same time, the FCC must be mindful of the First Amendment to
      the United States Constitution and Section 326 of the Communications Act, which prohibit
      the FCC from censoring program material, or interfering with broadcasters' free speech
      rights.

      What makes material “obscene?”
      Obscene speech is not protected by the First Amendment and broadcasters are prohibited,
      by statute and regulation, from airing obscene programming at any time. According to the
      U.S. Supreme Court, to be obscene, material must meet a 3-prong test: (1) an average
      person, applying contemporary community standards, must find that the material, as a
      whole, appeals to the prurient interest (i.e., material having a tendency to excite lustful
      thoughts); (2) the material must depict or describe, in a patently offensive way, sexual
      conduct specifically defined by applicable law; and (3) the material, taken as a whole,
      must lack serious literary, artistic, political, or scientific value. The Supreme Court has
      indicated that this test is designed to cover hard-core pornography.

      What makes material “indecent?”
      Indecent material contains sexual or excretory material that does not rise to the level of
      obscenity. For this reason, the courts have held that indecent material is protected by the
      First Amendment and cannot be banned entirely. It may, however, be restricted to avoid its
      broadcast during times of the day when there is a reasonable risk that children may be in
      the audience. The FCC has determined, with the approval of the courts, that there is a
      reasonable risk that children will be in the audience from 6 a.m. to 10 p.m., local time.
      Therefore, the FCC prohibits station licensees from broadcasting indecent material during
      that period.

      Material is indecent if, in context, it depicts or describes sexual or excretory organs or
      activities in terms patently offensive as measured by contemporary community standards
      for the broadcast medium. In each case, the FCC must determine whether the material
      describes or depicts sexual or excretory organs or activities and, if so, whether the
      material is “patently offensive.”

      In our assessment of whether material is “patently offensive,” context is critical. The FCC
      looks at three primary factors when analyzing broadcast material: (1) whether the
      description or depiction is explicit or graphic; (2) whether the material dwells on or repeats
      at length descriptions or depictions of sexual or excretory organs; and (3) whether the
      material appears to pander or is used to titillate or shock. No single factor is determinative.
      The FCC weighs and balances these factors because each case presents its own mix of
      these, and possibly other, factors.

      What makes material “profane?”
      “Profane language” includes those words that are so highly offensive that their mere
      utterance in the context presented may, in legal terms, amount to a “nuisance.” In its
      Golden Globe Awards Order the FCC warned broadcasters that, depending on the context,
      it would consider the “F-Word” and those words (or variants thereof) that are as highly
      offensive as the “F-Word” to be “profane language” that cannot be broadcast between
      6 a.m. and 10 p.m.

      What is the “safe harbor”?
      The “safe harbor” refers to the time period between 10 p.m. and 6 a.m., local time. During
      this time period, a station may air indecent and/or profane material. In contrast, there is
      no “safe harbor” for the broadcast of obscene material. Obscene material is entitled to no
      First Amendment protection, and may not be broadcast at any time.

      Are there certain words that are always unlawful?
      No. Offensive words may be profane and/or indecent depending on the context. In the
      Golden Globe Awards Order, the FCC stated that it would address the legality of broadcast
      language on a case-by-case basis. Depending on the context presented, use of the
      “F-Word” or other words as highly offensive as the “F-Word” may be both indecent and
      profane, if aired between 6 a.m. and 10 p.m.

      Does the FCC monitor particular radio or television programs?
      The First Amendment to the U.S. Constitution and Section 326 of the Communications Act
      prohibit the FCC from censoring broadcasters. The FCC does not, therefore, monitor
      particular programs or particular performers, but rather enforces the prohibition on
      obscenity, indecency and profanity in response to complaints.

      Does the FCC regulate violence on television?
      The FCC does not currently regulate the broadcast of violent programming. On July 28,
      2004, however, the FCC opened an inquiry into violent programming and its effect on
      children. The FCC has received public comments and opinions from many segments of the
      public. The FCC will publish and make available the report resolving the inquiry on the
      FCC website.

      Do the FCC's rules apply to cable and satellite programming?
      In the past, the FCC has enforced the indecency and profanity prohibitions only against
      conventional broadcast services, not against subscription programming services such as
      cable and satellite. However, the prohibition against obscene programming applies to
      subscription programming services at all times.