Two of the companies hit in the FCC TV indecency dragnet indicated that the battle is not over. CBS said, "We will continue to pursue all remedies necessary to affirm our legal rights. Today's decision by the FCC is just another step in the process." NBC/Universal, hit for a movie on its LA Telemundo O&O, said, "If the FCC adheres to its ruling, we intend to challenge it in court."

RBR observation:
We're still trying to digest the entirety of the FCC indecency ruling, which runs into the hundreds of pages. However, we were struck right away by an aspect of the ruling. In the case of the Super Bowl ruling, only the O&O affiliates of CBS were fined. In the case of the fine against CBS's "Without A Trace," every affiliate was fined, regardless of ownership (if they were located in the Central or Mountain time zones). In the case of WB's "The Surreal Life," everyone got off except for the Washington DC affiliate. Is that clear? Can you say arbitrary and capricious? To continue, if the FCC begins to make a practice of making an example of just one affiliate as it wages its war against indecency, then the Washington stations are in deep trouble. Washington is the market in which the Parents Television Council does most of its program monitoring, and from whence most complaint campaigns originate.

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CBS and NBC statements

CBS: CBS continues to disagree with the FCC's finding that the 2004 Super Bowl was legally indecent. More than two years ago we apologized to viewers for the inappropriate and unexpected half-time incident. We will continue to pursue all remedies necessary to affirm our legal rights. Today's decision by the FCC is just another step in the process.

CBS also strongly disagrees with the FCC's finding that the December 31, 2004 broadcast of "Without A Trace" was indecent. The program, which aired in the last hour of prime time and carried a 'TV 14' V-Chip parental guideline, featured an important and socially relevant storyline warning parents to exercise greater supervision of their teenage children. The program was not unduly graphic or explicit, and we will pursue all remedies necessary to affirm our legal rights, while knowing that millions of Americans give their stamp of approval to "Without A Trace" each week.

NBC: The FCC's decision to fine NBC Universal's Spanish-language independent television station KWHY for airing in Los Angeles a movie that has been repeatedly broadcast over the past dozen years is not supported by law or the FCC's prior rulings. The scene contained no nudity, offensive language or other material that a court or the FCC has previously deemed indecent. The scene was pivotal to the movie's plot and the relationship between the two main characters. Viewers were properly warned about the movie's adult content in the strongest possible terms, both through a written advisory and a TV-MA rating, allowing them to make their own informed choice as to whether or not to watch the program. The FCC received only one single complaint.

While the challenged rape scene in "Con El Corazon En La Mano" contained material that some people may find disturbing and distasteful, the FCC only has the legal authority to decide whether it violates the statutory and constitutional standard for indecency. This movie did not violate that standard. The FCC has no authority to censor a program based on its own taste. Moreover, the FCC justified the maximum fine in part because a viewer advisory had been aired, which bizarrely penalizes a broadcaster for taking its responsibilities to its audience seriously. If the FCC adheres to its ruling, we intend to challenge it in court.