Senate Indecency Bill Passage Seen Likely with New GOP Backing
Senate passage of a stripped-down indecency bill appears likely after Republicans gave it their backing when the legislation was “hotlined” (CD May 18 p2), said Hill and industry sources. Senate GOP members had no objections to (S-193), introduced last year by Sen. Brownback (R-Kan.), after Senate Majority Leader Frist (R-Tenn.) told his colleagues he wants a unanimous consent vote, said 2 Senate sources. Brownback wants to hike maximum fines to $325,000 per instance, from $32,500 now (CD May 17 p1).
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Frist is continuing efforts to move the legislation forward by unanimous consent, said an aide. “We haven’t heard of any objections at this point and do not expect any holds,” said spokeswoman Carolyn Weyforth. “We… hope that a UC will occur in wrap-up today.” Another source pegged the chance of the bill passing at 100%.
Now the indecency bill focus is on Democrats. Party members received a hotline late Wed., said a Senate source, noting it’s too soon to tell if there will be objections from Democrats. The person offered these possibilities: (1) The Democrats agree to unanimous consent, and the bill passes. (2) Democrats voice concerns to Senate leaders that could be hammered out, and unanimous consent proceeds. (3) Brownback’s bill is sent directly to the Senate floor for a vote, bypassing the Commerce Committee. Chmn. Stevens (R- Alaska) has indicated he’s amenable to the 3rd option, said a source. Senate Democrats agreed not to block the bill, paving the way for passage by unanimous consent, said an industry source late Thurs.
Broadcasters, while leery of higher fines, aren’t seeking to block the bill because it doesn’t include the more controversial provisions in HR-310 that further boost indecency fines and could put stations out of business through a “3 strikes and you're out” rule, industry sources said. Frist’s plan has strong prospects because broadcasters aren’t vigorously seeking to block it, Hill sources said. Still, a court challenge to whatever bill is ironed out by the House and Senate is possible, said a source.
Senators in both parties are feeling public pressure to take action on indecency because it’s an election year, said industry sources. An analyst agreed. “The Brownback bill certainly has a reasonable chance of getting passed, because it doesn’t have the ‘3 strikes and you're out’ provision,” said Stanford Washington Research Group’s Paul Gallant. That rule, he said, would “probably be a deal killer for passage this year.”