The FCC didn’t properly notify CBS it was broadening its interpre...

“The Commission’s stated policy was, as it had been for the previous three decades, to excuse the broadcast of isolated and fleeting material that might otherwise be deemed indecent… The Commission’s decision to apply that new policy in this case was done without notice.” CBS said the agency’s actions were inconsistent because the FCC chose not to fine Fox and NBC for other brief instances of indecent content that also occurred before March 2004. The FCC said in March 2004 musician Bono’s “fucking brilliant” utterance on the Golden Globe Awards was indecent. “Because the Super Bowl also preceded Golden Globes Awards and likewise involved a ‘fleeting’ and ‘unintentional’ transmission, due process requires the Commission to employ the operative standard at the time of broadcast,” CBS said late Mon. (CD Nov 21 p9) in a brief to 3rd U.S. Appeals Court, Philadelphia, in CBS v. FCC. Janet Jackson’s breast-baring was indecent, despite what CBS claims, the FCC responded: “We continue to believe they are wrong.” CBS, Fox and NBC are among the broadcasters expected to file briefs by Wed. in the Fox v. FCC indecency case before 2nd U.S. Appeals Court, N.Y., said a lawyer in the case. The filings must be mailed to the N.Y. court by day’s end, said Media Access Project Pres. Andrew Schwartzman, representing Center for Creative Voices. CBS will file comments in the case as an intervener because the FCC rescinded a finding that the use of the word “bullshitter” by a guest on its Early Show was indecent, said a spokeswoman. ABC won’t participate in oral arguments, Seth Waxman said on behalf of the network in a filing with the N.Y. court. The court should suspend ABC’s appeal of an initial Commission decision labeling parts of NYPD Blue indecent, he said. He said ABC’s appeal should be “held in abeyance” until the FCC completes its about-face, declaring the show not indecent.