An indecency complaint filed by the Parents Television Council against the October 25th broadcast of the CBS program NCIS alleges that “a gruesome murder and blatant sexual content” have violated the FCC’s indecency rules.

On-air depictions of violence are not currently regulated by the FCC. Therefore, their complaint about the gruesome violence is not actionable.

Further, the “blatant sexual content” referred to in the Parents Television Council’s complaint was a striptease dance, and it featured no nudity. The PTC has described the striptease as a depiction of a “sexual function.” It quite clearly is not.

This incident does not meet the standards of “indecency” dictated by the FCC’s three-pronged test. Further, the implication of a sexual act is not the same as a sexual act. Implications of sex are not “indecent” by contemporary community standards.

I therefore ask you to deny the complaint against Washington CBS affiliate WUSA.

Thank you.