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Media Groups Again Ask FCC to Clarify `Indecency' by Jaaevhlns Avarsa WASHINGTON — The Big Throe broadcast networks anti 14 other media groups asked the U.S. Cohn of Appeals here to order the Federal Com- munications Commission to clarify it policy on "indecent" programming The parties contend that the agency's nearly 1-year-old in - deep W policy is overly broad and constitutionally vague, thus treading on broadcasters' First Amendment right. In their brief filed with the noun, the parties charge that the FCC's policy is confusing to broadcasters because they don't know what specific words or pictures or other con- tent considerations in a pro- gram would constitute a viol- ation of the agency's rules. The case will be argued Turner Outlines TNT Plans For Hollywood Producers LOS ANGELES — Though he said he is willing to pay adwork rates or even more for „uplifting" program- ming for his proposed new basic cable octwork, Ted Turner came away from his meeting last week with lfol- lywood rsudio producers with no definitive agree- ments for shuwp, for Turner tirtwurl Television UA, Heritage Sign As TNT Affiliates ATLANTA — Turner Broadcasting System Inc last week announced of- filiste agreements for TNT with two top-20 multiple systems operators. United Artists Communications Inc arud Heritage Commu- nications, both of which are majority -owned by Tele- Communications Inc., the nation's Largest MSO. The two signings bring the current commitments to a total of about 3 million subscribers, according to Terence McGuirk, Turner Network Sage president About 10 other MSO agrre- ments are pending, he said UA agreed to commit over oil percent of its basic subscribers, br about 700,000 subs. TBS said The systems will phase in TNT, with the bulk of them on line within six months of the Oct 3 Launch date, Mr McGuirk said Heritage, which has over 1 million subscribers, said it will re- view channel lineups to de- termine where it can put TNT on. As for United Cabe Tek- vision, which has agreed to nwrge with UA, Mr McGuirk said separate DegtA-Lions are —going Mr. Turner made a 45- minute presentation to the filmmakers, be said, asking them to pmpoee "informa- tive, educational, inspiring, enlightenirtR, entertaining" miniseries and special events for TNT, which is scheduled to launch Oct. 3. As examples of the type of programming he'd lilac to emulate, Mr Turner named Hoots. Shogun, and The Sound o/ Music ., I t w a s v e r y positive no one got up and walked out," be said at the meeting. Many prtoducers anpressed interest and future meetinga will be scheduler) with TNT ex- ecutives, htr Turner said The board of the new venture has approved s38 million for or4Wsl pro- gramming for the Oust full year of operation of the net- work, an amount that might seem small by Hollywood standards, he conceded But he added that TNT will be using 2,t1W films of those in the MGM library for its programming Statistic show that these films are more popular with viewers than ofl-network reruns or cut-rate game shows, he said. TNT's initial goal will be to air one bkhckbtustes event a month, he said Seri" arc Dcx a pan of the programming plan, be added Shows oxh TNT will be� free from the "tyranny ratings" because half of network's revenue will coat from subscribers, be said That will Alec" the netwcr to be programmed wit &bows that have "high sa faction quoxients" ituated of pandering to the lowest common denominator, much as the bnoadcmst &bows Fa{eoa Crew or Dallas. he Mullrchannel News - April 4, 1988 before the court on June 1. So-called indecent material is protected by the First Amendment, although the fed- eral courts for years have had trouble defining what indeceny is, the FCC has said Last summer, several broad- casting groups asked the FCC to reconsider its policy Upon doing so, the agency largely affirmed its new standards. The parties, which include the National Association of Broadcasters, the Assccisdo of Independent Television Sta- tions, The New York Times Co. and the watchdog group Action for Children s Tele- vision, said the FCC's policy has the potential of chilling news and public affairs pro- grams because the policy doesn't exempt programs that may be deemed "patently of- fensive" but have serious liter- ary, artistic, political or scien- tific value. Even potentially obucene speech — which is not protect- ed by the First Amendment can be defended in awn if it has serious literary, artistic, political or scientific value, the U S Supreme Court has said. The FCC's definition of in- deceny is "material that de- picts or describer, in terms patently offensive an mea:,ured by asntempurary community standards for the broadcast medium, sexual or excretory activities or organs " That definition is similar to one of the three conditions that must be present in refining obwene materiel Before the FCC adopted this definition, it used the "seven dirty words" standard to judge whether a program was inde- cent "Under the commission's standard, audio and visual broadcasts of angry political demonstrations or even strong expressions of views in inter- views or in more ametu re d dialogue might sometimes have to be censored. no matter how important that particular Language might be to a proper understanding of the penw-ns, viewpoints and events being reported," the media gawps told the court "In the long run, the greatest impact will be on broadcasts concerning highly sensitive issues, such as infor- matkxtal programs about serious hoalth 6aucs such ale AIDS and on the broadcast of news and public affaim pro- grammittg involving those per- sone who . regularly and pub- licly use language which some might consider inap- propriate,." they saki The media groups also at- tacked the FCC for replacing the to p m -6 am "safe harbor," the period where r., I ..,, -.,e.r, .,,. ,,, night-6 a.m. slot. They said the agency pres- ented no factual record for choosing midnight as the be- ginning of sale harbor. The FCC said it picked the time because less children would be in the audience, an assertion it did not support by TV view- ership data. Indeed, FCC Commissioner Patricia Diaz Dennis question- ed the agency's decision as to the midnight hour and said it did not reflect a "reasoned analysis. " Nielsen statistics, cited by the media groups, found that by 10 p.m. more than half of the adult viewership is no longer in the audience. Said the media groups: "Tine oom- mission's decision effectively bars material from the large majority of the adult audience and reduces adults to seeing and hearing only materal that is fit for children. "❑ "Wrestlemania N' Sets With 1 a 1 M Homes hey N. Thom" Wnsts" NEW YORK — The World Wrestling Federation said Wrestfmania IV broke its own pay -per -view sales record, reaching about 1.1 million homes via an estimated 10.8 percent buy rat. The March 27 event was seen on 725 cable systems, said James 'Troy, senior vice president of inter- national and PPV operations, Titan Sport, a division of the WWF. The WWF also announced that it will file it lawsuit against two Michigan bar owner~ for pirating the event. The event outdistanced last year's Wresdnu tits 111, which averaged a national buy rate of 10 percent, but reached only 650,W0 %aware due to a smaller universe. "It was a huge, huge suc- cess, definitely the most suc- cessful industry event to date," said Mr. Troy. Ile added that the live event from Atlantic City, NJ, was shown on 725 systems. Mr. Troy cited particularly strong sales from Cableviaion Systems Corp. in the New York suburbs of Westchester and Long Island, with boy rates of 36.1 and 22.3 respec- tively. reaching a tool of 67,000 Ixwaeholds . However, NYT Cable TV's Texscan Renews NASDAQ Trading SCOTTSDALE, AZ — Tex - wan Corp. has renewed trading on the NASDAQ over- the- xxtnter market, the com- pan y noted . "Our new NASDAQ listing reaffirms our belief that Tex- acan - will continue to be re- cognized as a revitalised eosn- pany with a stronger balance sheet and reliable product line," said William H. Lambert, cbaitman, president and chief executive offcer. The cable television equip- ment producer reorganised Cherry Hill, NJ. system, noted for its high PPV numbers in the past, reported a "dimp- pointing ' 7 7 rate and S8,000 homes, he said. Mr. Troy also said that the W W F and General instrument Corp 'a VidecrCipher Division will file Lawsuits against two Michigan bars who illegally showed Westkmania IV. G Ken Krushel Named Think Entertainment President and CEO STUDIO CITY, CA — Ken Krushel has been namrd by the board of cable-opecaum- funded Think Entertainment as company president and chief operating officer. Mr. Krushel was formerly with American C:ablesystems Corp. as an executive in the Dew services group, which oversaw business development in such areas as pay -per -view and satellite roaster antenna television, he said. He began with the operator in 1982. Chher memben of the man- agement team are founder Shelley Duvall, chairman; Jim Mullany, formerly with Wells Fargo Bsnk, chief financial of- ficer; and Bridget Terry, a co- producer of Faerie Tale Theater, vice president of ereative affairs. Mr. Krushel said be thinks the company already has an irientity based on Ma. Duvall'& successful cable programs, but added that the firm is open to developing all kinds of pro- gramming: documentaries, long -form drsmo and aeries ' Ow one challenge is not to do trance television, but di,- tinctive productions," he said The company is ab-ersdy talk- ing with all cable program. ming services and hopes to have some agreements to an. nounce soon The only wrinkle in the pro mse is the Writers Guild strike, he said, which will delay work on exiati —.... I .I.. I .. r