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$// MO&O, Broadcast Indecency, Docket 92-223, FCC 95-346 //$

$/ 73.3999 Enforcement of 18 U.S.C.  1464 /$ 


                                Before the
                  Federal Communications Commission     FCC 95-346
                          Washington, D. C. 20554


In the Matter of              )
                              )
Enforcement of Prohibitions   )   GC Docket No. 92-223 
Against Broadcast Indecency   ) 
in 18 U.S.C.  1464           )      
                             

                       MEMORANDUM OPINION AND ORDER


      Adopted: August 7, 1995;   Released: August 18, 1995


By the Commission:

     1.  By this Order, the Commission conforms its rules to
comply with the instructions given by the United States Court of
Appeals for the District of Columbia Circuit in Action for
Children's Television v. FCC, No. 92-1092 (decided en banc June
30, 1995; mandate issued July 12, 1995).  Although the Court
generally upheld the Commission's implementation of Section 16(a)
of the Public Telecommunications Act of 1992, Pub. L. No. 102-
356, 106 Stat. 949 (1992), relating to the prohibition on
indecent programming by broadcast stations, it remanded the case
to the Commission "with instructions to limit its ban on the
broadcasting of indecent programs to the period from 6:00 a.m. to
10:00 p.m."  Id., slip op. at 30.  The effect of the Court's
instruction is to make the time periods during which the
indecency ban applies the same for both public broadcasters and
commercial broadcasters.  Thus, we are hereby amending Section
73.3999 of the Commission's Rules, 47 C.F.R. 73.3999, to provide
that no licensee of a radio or television broadcast station shall
broadcast on any day between 6 a.m. and 10 p.m. any material
which is indecent.

     2.  Accordingly, IT IS ORDERED, That Section 73.3999 of the
Commission's Rules, 47 C.F.R.  73.3999, IS AMENDED as set forth
in the Appendix hereto, EFFECTIVE UPON PUBLICATION IN THE FEDERAL
REGISTER.
                                                                  
                         FEDERAL COMMUNICATIONS COMMISSION


                          William F. Caton
                          Acting Secretary 


                        APPENDIX -- AMENDATORY TEXT
Part 73, Chapter I of Title 47 of the Code of Federal Regulations
is amended as follows:

PART 73 -- RADIO BROADCAST SERVICES

1.  The authority citation for Part 73 continues to read as
follows:

     Authority:  47 U.S.C. 154, 303, 334.

2.  Section 73.3999 is revised to read as follows:

      73.3999 Enforcement of 18 U.S.C.  1464 (restrictions on
     the transmission of obscene and indecent material).

          (a) No licensee of a radio or television broadcast
          station shall broadcast any material which is obscene.

          (b) No licensee of a radio or television broadcast
          station shall broadcast on any day between 6 a.m. and
          10 p.m. any material which is indecent.