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The Commission granted an application for review filed by the Parents
Television Council (PTC) of an earlier Enforcement Bureau decision
concerning the Golden Globes Award broadcast by NBC. That decision
made in October 2003 had ruled that the broadcast had not violated
the indecency prohibition because Bono's use of the "F-word" had
been fleeting and in a non-sexual context.
However the Commission overruled the Bureau decision . The Commission
further concluded that use of the "F-Word" in the context of the
Golden Globe Awards was profane under 18 U.S.C. Section 1464.
What this means is that the Commission has sent out a clear message
that similar broadcasts in the future could lead to forfeitures
and potential license revocation. As FCC chairman Michael Powell
put it, " For the first time, the Commission has applied the
profanity section of the statute for the broadcast of this highly
offensive word, an application I fully support. The Commission has
an important obligation to punish those who violate our law. In
administering our authority, the Commission must afford parties
fair warning and due process and not let our zeal trample these
fundamental protections.
"Given that this decision clearly departs from past precedent
in important ways, I could not support a fine retroactively against
the parties. Prospectively, parties are on notice that they could
now face significant penalties for similar violations."
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