ARLB035 ARRL supports fines
QST de W1AW
ARRL Bulletin 35  ARLB035
From ARRL Headquarters
Newington CT  April 2, 1993
To all radio amateurs

ARRL SUPPORTS FCC FINES

The ARRL has filed a motion to support the FCC in a lawsuit filed
by broadcasters who seek to overturn the way the FCC enforces
indecent broadcast prohibitions through financial penalties.  ARRL
says that a decision in favor of the broadcasters could harm the
FCC's ability to combat indecency on amateur radio frequencies.

In a motion filed in United States District Court for the District
of Columbia on March 16, ARRL asked to participate in a suit
brought by Action for Children's Television and 20 other
broadcasting and public-interest organizations.  The broadcasters
allege that monetary forfeiture proceedings used by the FCC in
indecency cases violate Constitutional due-process and free-speech
protections.

Since prompt judicial review of forfeiture orders is not available,
the broadcasters say, they must engage in self-censorship.  They
claim that the FCC has used the process to punish or threaten them
in violation of the Communications Act of 1934.  The broadcasters
have asked the Court to prohibit the procedures now used by the FCC
to rule on alleged indecency violations under 18 U.S.C. 1464, to
enjoin the FCC from initiating or conducting forfeiture proceedings
under 47 U.S.C.  503(b) for alleged violations of 18 U.S.C. 1464,
and to order the dismissal of all indecency forfeiture proceedings
under 47 U.S.C. 503(b) currently pending before the Commission.

"While the relief sought by the plaintiffs specifically concerns
the Broadcasting Service," says ARRL President George Wilson,
W4OYI, "we're concerned that it might also have the effect of
harming FCC efforts to enforce rules in the Amateur Service that
have been strongly supported by radio amateurs."

ARRL has requested to be permitted either to intervene in support
of the FCC or, alternatively, to submit a brief Amicus Curiae in
support of the interests of radio amateurs.
/EX