We recently wrote about the FCC’s request for comments on how to enforce its indecency policy, and how to deal with the backlog of hundreds of thousands of complaints pending at the FCC. The FCC has now set the dates for comments in this proceeding – with initial comments due on or before May 20, 2013. Reply comments may be filed on or before June 18, 2013.
As we wrote in our article two weeks ago, the FCC is asking for comments on whether it should formally adopt a probation on “fleeting expletives” (though, according to an article published over the weekend, even the FCC's Chairman recognizes that there are circumstances where some of those expletives are justified as, according to an FCC Tweet, he agreed that the use of an expletive by a Boston Red Sox player after the events of last week was understandable). The question of the constitutionality of the indecency policy was not addressed in the request for comments – but certainly seem to call for consideration as part of any decision as to where the rules go in the future. So sharpen your pencils, and get your comments in by May 20.