ABC Pays, Then Appeals Indecency Fine
February 22, 2008 at 11:45 AM (PT)
ABC-TV has decided to pay the $1.2 million FCC indecency fine for the 2003 "NYPD BLUE" broadcast of a bare derriere, but will also appeal that ruling to the U.S. Court of Appeals for the Second Circuit -- the same court that recently struck down the FCC's fleeting profanity ruling, because the reasoning behind it was arbitrary and capricious.
BROADCASTING & CABLE reports that in a statement, ABC contends that "the FCC order is arbitrary and capricious, contrary to the commission’s own standards and past decisions and in violation of the indecency statute and the First Amendment ... While strongly opposed to the fines, ABC today paid them in their entirety in order the make the FCC decision appealable. The ABC Television Affiliates Association also opposed the FCC’s 'NYPD Blue' indecency decision and says it intends to support ABC’s appeal."