Be it enacted by the Senate and House of Representatives of the United States of America in Congress <<NOTE: Broadcast Decency Enforcement Act of 2005. 47 USC 609 note.>> assembled,
This Act may be cited as the ``Broadcast Decency Enforcement Act of 2005''.
BROADCASTS.
Section 503(b)(2) of the Communications Act of 1934 (47 U.S.C. 503(b)(2)) is amended-- (1) by redesignating subparagraphs (C) and (D) as subparagraphs (D) and (E), respectively; (2) by inserting after subparagraph (B) the following new subparagraph:
``(C) Notwithstanding subparagraph (A), if the violator is-- ``(i)(I) a broadcast station licensee or permittee; or ``(II) an applicant for any broadcast license, permit, certificate, or other instrument or authorization issued by the Commission; and ``(ii) determined by the Commission under paragraph (1) to have broadcast obscene, indecent, or profane language, the amount of any forfeiture penalty determined under this subsection shall not exceed $325,000 for each violation or each day of a continuing violation, except that the amount assessed for any continuing violation shall not exceed a total of $3,000,000 for any single act or failure to act.''; and
(3) in subparagraph (D), as redesignated by paragraph (1), by striking ``subparagraph (A) or (B)'' and inserting ``subparagraph (A), (B), or (C)''.
Approved June 15, 2006.
LEGISLATIVE HISTORY--S. 193 (H.R. 310): ---------------------------------------------------------------------------
HOUSE REPORTS: No. 109-5 accompanying H.R. 310 (Comm. on Energy and Commerce). CONGRESSIONAL RECORD, Vol. 152 (2006): May 18, considered and passed Senate. June 6, 7, considered and passed House. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 42 (2006): June 15, Presidential remarks.
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