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The FCC bases enforcement actions on complaints of indecent, profane or
obscene material received from the public. Please see
The Complaint Process
Flow Chart
for a graphical representation of the FCC's review process. Once
the FCC receives a complaint via U.S. mail, e-mail, facsimile, or otherwise,
staff log it into one of several databases managed by the
Consumer and Governmental Affairs Bureau
and the
Enforcement Bureau. These databases
enable the staff to track and share complaints among those who will
subsequently review them.
FCC staff reviews each complaint to determine whether it alleges information
sufficient to suggest that a violation of the obscenity, profanity or
indecency prohibition has occurred. If it appears that a violation may have
occurred, the staff will commence an investigation,
which may include
sending a Letter Of
Inquiry (LOI) to the broadcast station. Depending on the case, an LOI
may ask the station to confirm or deny the allegations in the complaint
and provide copies of any tapes or transcripts of the program at issue.
If the description of the material contained in the complaint is not
sufficient to determine whether a violation of the statute or FCC rules
regarding indecent, obscene, and profane material may have occurred, FCC
staff will send the complainant a dismissal letter explaining the
deficiencies in the complaint and how to have it reinstated. In such a
case, the complainant has the option of re-filing the complaint with
additional information, filing a petition for reconsideration, or filing an
application for review (appeal) to the full Commission.
If the facts and information contained in a complaint suggest that a
violation of the statute or FCC rules regarding indecency, obscenity, and
profane material did not occur, FCC staff will send the complainant a letter
denying the complaint, or the FCC may deny the complaint by public order. In
either situation, the complainant has the option of filing a petition for
reconsideration or, if the decision is a staff action, an application for
review (appeal) to the full Commission.
If the complaint is dismissed or denied by letter, FCC staff also include a
copy of the Indecency Fact Sheet, which reviews the FCC's authority over
indecent, profane, or obscene material. The Indecency Fact Sheet is linked
here.
If the FCC determines that the complained-of material was indecent, profane,
and/or obscene, it may issue a Notice of Apparent Liability (NAL), which
is a preliminary finding that the law or the Commission's rules have been
violated. Subsequently, this preliminary finding may be confirmed, reduced,
or rescinded when the FCC issues a Forfeiture Order.
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