FEDERAL COMMUNICATIONS COMMISSION 
WASHINGTON 
O FFICE OF 
T H E CHAIRMAN 
The Honorable Lamar Smith 
U.S. House of Representatives 
2409 Rayburn House Office Building 
Washington, D.C. 20515 
Dear Congressman Smith: 
May 11 , 2016 
Thank you for your letter expressing concern about content broadcast on cable and 
satellite television. Your views are very important and I appreciate you sharing them with me. 
The Commission takes this issue seriously. We must carefully consider our legal 
authority while balancing our obligation to help consumers avoid unwanted content with the 
First Amendment rights of broadcasters and other content providers. 
Congress has charged the Commission with regulating the broadcast of obscene and 
indecent material. The Commission has defined broadcast indecency as "language or material 
that, in context, depicts or describes, in terms patently offensive as measured by contemporary 
community standards for the broadcast medium, sexual or excretory organs or activities." 
Indecent programming contains patently offensive sexual or excretory material that does not rise 
to the level of obscenity. Courts have held that indecent material is protected by the First 
Amendment and cannot be banned entirely. FCC rules therefore prohibit indecent speech on 
broadcast radio and television between 6 a.m. and 1 0 p.m., when there is reasonable risk that 
children may be in the audience. 
The Commission has historically interpreted the statutory prohibition on indecency to 
apply to radio and television broadcasters, but has never extended it to cover cable or satellite 
operators. In addition, because cable and satellite services are subscription-based, viewers of 
these services have greater control over the programming content that comes into their homes, 
whereas broadcast content traditionally has been available to any member of the public with a 
radio or television. 
Alternatively, obscene material is not protected by the First Amendment and cannot be 
broadcast at any time. The Supreme Court has established that to be considered obscene, 
material must meet a three-pronged test: 
• An average person, applying contemporary community standards, must find that the 
material, as a whole, appeals to the prurient interest; 
• The material must depict or describe, in a patently offensive way, sexual conduct 
specifically defined by applicable law; and 
• The material, taken as a whole, must lack serious literary, artistic, political or scientific 
value. 
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Enforcement actions stemming from the broadcast of obscene or indecent material are 
generally based on documented complaints received from the public. Commission staff reviews 
each complaint to determine whether it contains sufficient information to suggest that there has 
been a violation of the obscenity or indecency laws and regulations. In making obscenity or 
indecency determinations, context is key. Commission staff must analyze what was actually 
aired, the meaning of what was aired, and the context in which it was aired. If the Commission 
determines that the complained-of material was obscene and/or indecent, it may take action 
against the violator. For instance, the Commission recently took significant action in this area, 
imposing the maximum allowable forfeiture against television station WDBJ in Roanoke, 
Virginia, after it broadcast indecent material during a 6:00p.m. newscast. In addition, in cases in 
which obscene material is broadcast, the Commission may refer the matter to the Department of 
Justice for potential criminal prosecution. 
Consumers may also take their own action against unwanted content through blocking 
mechanisms. Since 2000, the FCC has required all new television sets 13 inches or larger to 
contain a V -chip. The V -chip allows parents or other caregivers to block programming on their 
televisions that they don't want children to watch. Most television programs are now assigned a 
rating according to a system established by the television industry. The rating is encoded with the 
program before it airs. Parents can use the remote control to program the V -chip to block the 
display of programs that carry certain ratings. Also, many cable and satellite services have their 
own parental control features that allow consumers to block content in similar fashions. 
The Commission will continue to take complaints about obscene or indecent broadcasts 
seriously. And we will continue to take appropriate action in cases where families and children 
have been exposed to indecent and obscene content. Please let me know if I can be of any 
further assistance.