Chairman Powell, Commissioners and fellow panelists, I appreciate and thank you for this opportunity to testify on this important issue. 

Today I represent individuals like myself -- parents and grandparents who are convinced that our voices are not being heard by those who have the privilege not the right, the privilege -- of broadcasting into our homes on a nightly basis. We are convinced that our community standards have been pushed by the wayside. Instead, the broadcasters uphold the standards of network programmers in Hollywood or New York who have no regard for the impact or influence their programming has on San Antonio's children. They admonish us to change the channel if we don't like what were hearing or seeing.  But turning off offensive or indecent programming should not be our only option. These are our airwaves. 

A recent Parents Television Council survey asked Texans their thoughts about television programming.  An overwhelming margin opposes profane, violent and graphic sexual content on the public airwaves. They do not believe that local broadcasters consider community values when making their programming decisions. 

Local broadcasters have entirely subordinated their duty to serve the public interest by yielding entirely to the national broadcast networks. It is unclear at this point whether the subservient behavior of local broadcasters is deliberate or whether it is being forced upon them by the networks through intense commercial pressure.

In a PTC survey of network owned-and-operated affiliates, not a one told us it had preempted network programming on the basis of community standards.

Independently owned affiliates told us that because of network contractual obligations, they could not preempt network programming. In fact, some Fox and CBS affiliates said they weren't allowed to see advance copies of reality programming.

When NBC aired Maxim's Top 100, 26 independent NBC affiliates chose not to telecast the program that many believed bordered on the on the pornographic and was certainly not in keeping with their community standards.  And yet not one NBC owned and operated affiliate preempted it based on community standards. 

The responsibility to protect our children from offensive and violent messages is a burden to be shared by parents, networks, local broadcasters and the FCC.  For too long this burden has been shouldered solely by parents and we simply cannot do it alone.  We need the FCC to do its job and we need local broadcasters to listen to our concerns.

The FCC can start by severely penalizing broadcasters who air indecent programming.  Licensees should know that their ability to broadcast is a privilege, not a right. They should know that their privilege can and will be revoked if they do not abide by the law. We have heard that many independent affiliates are afraid to preempt programming because the networks threaten to take away their affiliation during the next round of contract talks. In an effort to help ease the burden on independently owned affiliates, the FCC can move to vote on the NASA petition. 

A limited number of TV stations around the country have preempted programming, but in several of those instances the same show was aired in the same market by a different station that was owned by the same corporate owner.  For example, when a CBS affiliate refused to air the Victoria's Secret Fashion Show, Viacom simply aired the program on the local UPN affiliate, again without regard for community standards.  So, where is the deference to community standards? 

Broadcasters can start by listening to the needs and wants of their local communities.  We are voting with our remotes, but the networks aren't listening.  The networks repeatedly use the excuse that they have to compete with cable programming, programming that is full of sex, violence and foul language. Hogwash.

Hollywood isn't interested in what America wants, so our local broadcasters need to be.  We are going to do our part.  We are going to contact advertisers to let them know what their advertising dollars are sponsoring.  We are going to continue to be vigilant about what our children watch. We are going to file indecency complaints and file petitions to deny licenses.  We are going to continue to fight for the protection of our children.  But we need your help. We need you to work with licensees and we need you to hold them accountable.  And, we need broadcasters to listen to our community standards.

Together we can make a difference.  There is no better time to start than now.