The FCC and broadcasters will get more time for oral arguments in...
The FCC and broadcasters will get more time for oral arguments in Fox v. FCC than were allotted. The 2nd U.S. Appeals Court, N.Y., gave Fox and the FCC 20 min. each, up from 12 min., said Andrew Schwartzman,…
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a lawyer in the case. Other broadcast networks probably will participate in oral arguments, as they did in a preliminary hearing (CD Aug 30 p3), said lawyers in the case. The Commission should further explain its decision to find the airing of a single curse in a show indecent, said a reply brief filed last week by Fox: “The FCC contends this case is just an adjudication of two broadcasts, and that therefore it need not defend the policy… as if this court should look at two trees and ignore the forest in which they stand.” NBC Universal called changes in FCC indecency policy key. “Careful consideration of the Commission’s conduct in prior and pending cases is essential to resolving this appeal,” said a filing by NBC. The FCC has said it gave industry ample notice that it could find single instances of cursing improper. Agency arguments in another indecency case, CBS v. FCC, are due Dec. 26 in 3rd U.S. Appeals Court, Philadelphia, a court official said. The FCC arguments in the respondent’s brief there probably will echo earlier comments, according to participants and Schwartzman. “It’s likely to bear a lot of similarities,” he said. Among previous FCC arguments that may resurface: That Fox is wrong to claim the V-chip moots fines for airing curses. - JM