Minnesota Office of Tourism

The FCC announced in November 2005 that the Office of Management and Budget, which is required to approve all FCC forms, has approved a new form that can be used to electronically file complaints about broadcast indecency. That Form, FCC Form 475B, asks for the name and address of the individual complaining about a broadcast, and their contact information. The form then asks for the Date and Time of the program, the Station (or frequency or channel of the station), the City and State where the program was seen or heard, and a description of the program that was aired. The FCC asks that the complaining party "include as many details as possible in order to help the FCC determine whether the material was obscene, profane or indecent (such as specific words, language, images, etc.)"

The FCC's Public Notice announcing the availability of this form also announced the availability of a Form 475, a general complaint form to be used for general complaints, particularly those relating to telephone and satellite companies (e.g. billing disputes, connection issues, unwanted faxes or calls, or similar complaints). Interestingly, the general form was not attached to today's FCC Public Notice - instead only a copy of the Form 475B was appended. Also interesting is the fact that the Form 475 is not to be used for complaints relating to "broadcast content" issues, and the Form 475B (the "B" presumably standing for "broadcast") is specifically titled "Obscene, Profane and/or Indecent Material Complaint Form." Thus, the Commission seems to have focused its electronic broadcast complaint process on this single issue - though, of course, complaints on other issues can be filed without using the form.

Links to the Form 475B are already active on the FCC Homepage from any number of Consumer and Complaint headings on that page. Together with the webpage that the FCC announced last month, outlining for the public the elements of obscene and indecent speech, this action makes clear the FCC's continuing interest in, and focus on, broadcast indecency. Imminent Commission action on a multitude of pending indecency complaints is rumored, as is further Congressional action to raise the penalties for such speech. Thus, the broadcaster should beware.