On Tuesday the Senate voted to add a provision increasing the maximum fine for broadcast indecency to the fiscal 2005 defense authorization bill. Although this provision has had broad support, it will likely be difficult to hold on to in conference, along with two more controversial ones added by the Senate on media ownership rules and television violence. Sam Brownback (R-Kansas) offered this provision, which raises the maximum fine to $275,000 from $32,500 per violation, with a $3 million cap on related violations, as a rider to the defense bill because it is almost certain to clear this year.

The Senate proposal to repeal the FCC’s rules that had made it easier for media consolidation may die in conference due to opposition from House leaders and the White House despite strong support in both the House and the Senate membership. The Senate adopted amendments that have the FCC both evaluate a broadcaster’s size and resources before levying fines as well as attempt to eliminate violent programming from prime time.