Fox Refuses To Pay FCC Indecency Fine

Fox Refuses To Pay FCC Indecency Fine

By Frank Ahrens
Washington Post Staff Writer
Tuesday, March 25, 2008; Page D01


In an unusually aggressive step, Fox Broadcasting yesterday refused to pay a $91,000 indecency fine levied by the Federal Communications Commission for an episode of a long-canceled reality television show, even as the network fights two other indecency fines in the Supreme Court.

The FCC proposed fining all 169 Fox-owned and affiliate stations a total of $1.2 million in 2004 for airing a 2003 episode of "Married by America," which featured digitally obscured nudity and whipped-cream-covered strippers.

Fox appealed immediately after the FCC ruling. Last month -- four years later -- the FCC changed its mind, saying it would fine only the 13 Fox stations located in cities that generated viewer complaints about the program. That reduced the fine to $91,000.

Despite the sharp reduction, Fox said it would not pay the fine on principle, calling it "arbitrary and capricious, inconsistent with precedent, and patently unconstitutional" in a statement released yesterday.

Typically, after the FCC determines that a broadcaster is culpable for an indecency fine, the broadcaster pays it -- by writing a check to the U.S. Treasury -- or may attempt to negotiate a settlement, sometimes dragging the process out for years. Sometimes, a broadcaster will take a case to court. Other times, the broadcaster will pay the fine and appeal, hoping for a reversal and refund.

more...

http://www.washingtonpost.com/wp-dyn/content/article/2008/03/24/AR2008032402969.html

after all.

...but I have to agree with the Fox lawyers in that the fines are "arbitrary and capricious, inconsistent with precedent". I don't know about unconstitutional though.

I remember when Stern was fined something like a trillion dollars for saying a couple of swear words during his show.

If you dont like what you're watching or listening to then change the damn station or better yet, turn it off.

a "F*ck (the other team)" and the guys in the truck sent it out, and Faux allowed it to air? Hmmm??? crickets ...