It is a violation of federal law to air obscene programming at any time. It is also a violation of federal law to broadcast indecent or profane programming during certain hours. The Federal Communications Commission (FCC) defines indecent speech as material that, in context, depicts or describes sexual or excretory organs or activities in terms patently offensive as measured by contemporary community standards for the broadcast medium.

Congress has given the FCC the responsibility for administratively enforcing the law that governs these types of broadcasts. The FCC has authority to issue civil monetary penalties, revoke a license or deny a renewal application. The FCC vigorously enforces this law where we find violations. In addition, the United States Department of Justice has authority to pursue criminal violations. Violators of the law, if convicted in a federal district court, are subject to criminal fines and/or imprisonment for not more than two years.

At the same time, however, the Commission is careful of First Amendment protections and the prohibitions on censorship and interference with broadcasters' freedom of speech. The FCC has denied complaints in cases in which we determined the broadcast was not indecent based on the overall context of the programming.

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