FCC Legislation

Screen Actors Guild has been closely monitoring several issues that are being acted upon by the Federal Communications Commission (FCC). See below for more information on these topics that directly impact you, as members.

FCC Hearings

In 2003 the Federal Communications Commission voted to relax long-standing ownership rules originally designed to ensure diversity of media ownership. The rules in question limited the number of TV stations, radio stations and newspapers that one corporation could own. The attempted relaxation of the rules resulted in criticism from SAG, DGA, AFTRA and many other media and public interest groups for its encouragement of further media consolidation, especially in the television arena.

In 2004 a federal appeals court overturned the FCC’s dramatic loosening of media ownership rules and sent the FCC back to the drawing board to reconsider its controversial rules.

As a result of the court’s ruling, the FCC is now holding a series of five public hearings around the country in an effort to restart the rulemaking process. SAG has been actively participating in these hearings by offering testimony proposing that the FCC mandate that 25% of broadcast network primetime programming come from independent producers. This would ensure the development of new and diverse programming and encourage competition and preserve jobs; further, it will prevent the four major broadcast networks from taking away ownership rights, and thus creative control, from the independent producers.

Alan Rosenberg and Anne-Marie Johnson testified at the FCC hearing at USC, which SAG coordinated for the FCC, on October 4, 2006. On October 23 SAG, DGA, AFTRA and The Producers Guild filed joint comments with the FCC outlining our arguments against further consolidation. On December 11, SAG Nashville President CeCe Dubious testified in Nashville and read a statement by Tennessee resident Dixie Carter into the record.

Broadcast Decency

On June 15, 2006, President Bush signed the Broadcast Decency Enforcement Act of 2005. The Act now increases fines ten-fold against radio and TV broadcasters who violate federal decency standards. Screen Actors Guild played a key role in preventing a far more draconian version of the bill from becoming law.

Legislation targeting the broadcast industry gained momentum response to public outcry over Janet Jackson’s infamous “wardrobe malfunction” during the Super Bowl halftime show in 2004. The resulting legislation contained two particularly oppressive provisions—a 5000% increase for fines levied against individual performers (from $11,000 to $500,000, with no warning) and a “three strikes” station license revocation clause.

Over the course of the next year and a half years, Alan Rosenberg and Pamm Fair met with countless Congressional and Senate members and FCC Commissioners to convey the dire consequences for individual actors and the public at large for free artistic expression over the public’s airwaves. President Rosenberg testified before the full Senate Commerce Committee in 2006.

The SAG effort drew particular attention to the fact that, given the average actor’s salary of $24,000, such fines could force most SAG members into bankruptcy simply for doing their job. As a direct result of SAG’s involvement, both the performer fines provision and the “three strikes” language was removed from the final bill and Congress passed a limited bill that only targets the pocketbooks of broadcasters with the capacity to absorb the increased fines.

Violence

Recently, the FCC has taken on the issue of violence in media, proposing regulating content on broadcast television. Screen Actors Guild supports artistic expression and the protection of the first amendment and will continue to fight any regulations that impede these rights.

Product Integration

Over the past few years, a noticeable increase in product integration has been noted in television content and in other multi-media outlets. Unlike product placement, where the commercial item is merely set dressing, the products used in instances of product integration actually become a part of the storyline. The practice of product integration can be worrisome for SAG members who count on endorsement deals and make their living on commercial work and often disrupts the integrity of a story.

Screen Actors Guild joined forces with the Writers Guild of America to ask the FCC to look into the practice of product integration and to put forth some common sense guidelines.

1. Maintain the integrity of the storyline when integration occurs
2. Disclosure of advertising/integration to viewing audience in a format that is legible and easy to understand
3. Limit product integration in children’s programming