1. Thus, proponents argue, daytime broadcasting will be further overrun with indecency -as a matter of "common sense" 287 -if the FCC does not step in aggressively. 288 Why should we anticipate increased broadcast indecency? Echoing others, the government claimed in the Fox II briefing that increases in niche programming and competition with cable and satellite would push broadcasters to emulate more risqu� programming featured on cable and DBS. 289 The majority's opinion in Fox I found that the FCC's prediction of increased fleeting expletives on air was "rational if not inescapable;Arguments focusing on the asserted increase in broadcast indecency also predict its likely increase as a result of the current media climate
2. Reply
3. Association of Broadcasters brief as an admission that broadcasters seek relaxation of the indecency rules in order to allow broadcasters to compete more with cable. Gov reply brief p. 8. See also Clay Calvert & Robert D. Richards, The Parents Television Council Uncensored: An Inside Look at the Watchdog of the Public Airwaves and the War on Indecency With Its President;& ENT. L.J,2010
4. Dissent at 472. Judge Leval "would bet my money on the agency's prediction. ? [t]he words proscribed by the Commission's decency standards are much more common in daily discourse today than they were thirty years ago [and] the regulated networks compete for audience with the unregulated cable channels, which increasingly make liberal use of their freedom to fill programming with such expletives. The media press regularly reports how difficult it is for networks to compete with cable for that reason. It seems to me the agency has good reason to expect that a marked increase would occur if the old policy were continued;Jost;The dissent in the Second Circuit's