WASHINGTON — The ABC, NBC, CBS and Fox television networks have filed notices of appeal challenging a Federal Communications Commission’s (FCC) determination that profane language should be banned from the broadcast airwaves. Joining the appeal are their affiliate stations plus the Hearst-Argyle Television group.
The networks are challenging the FCC’s determination that language used on “The Early Show” on CBS in 2004, plus the “Billboard Music Awards” shows broadcast by Fox in 2002 and 2003 and episodes of ABC’s “NYPD Blue” in 2003, was inappropriate.
The FCC did not issue fines in those cases because the incidents occurred before a 2004 ruling that virtually any use of certain expletives would be considered profane and indecent.
While none of the cases involved NBC, the network filed a petition to intervene on behalf of the other networks and stations.
The networks and affiliate groups issued a rare joint statement calling the FCC ruling “unconstitutional” and inconsistent with two decades of previous FCC decisions. They also claimed the FCC “overstepped its authority” and acted arbitrarily.
Brent Bozell, president of the Parents Television Council, called the networks’ action “utterly shameless” and pointed out that the broadcast airwaves do not belong to the broadcasters but to the American people.
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