QST, February 1989, page 9 =
No Safe Harbor for Indecency =
Back in the July 1987 issue of QST, we reported on this page that the FCC had
put broadcasters and amateurs on notice that 1, standards for decency in
radio transmissions exist in both services, and 2, henceforth, the standards
would be enforced.  We presented those standards, in detail which does not
bear repeating here, and noted that while there was a blanket prohibition on
obscenity, indecent material broadcast during the wee hours when,
presumably, children are asleep would not be subject to sanctions.
It was never entirely clear whether this safe harbor for indecency applied to
the Amateur Radio Service.   Editorially, we expressed the hope that amateurs
would choose to observe a higher standard anyway, rendering the question
moot.  Well, Congress was not thrilled with the idea of a safe harbor for
indecent broadcasts.  In Public Law 100459, signed by President Reagan on
October 1, the FCC was given an explicit mandate to enforce the prohibitions
against broadcast obscenity and indecency on a 24 hour per day basis.  On
December 19, the Commission acted accordingly and a couple of days later
issued a press release announcing that the new rule would take effect 30
days after publication in the Federal Register. +