FCC nixes Eye fine appeal

Investigation concludes incident violated standards

WASHINGTON — The Federal Communications Commission has rejected CBS’ request for reconsideration of a $550,000 indecency fine against the net’s owned and operated stations for the 2004 Janet Jackson Super Bowl nipple flash.

In an investigation, the agency concluded that the incident had violated indecency standards and imposed the fine. In November 2004, the Eye argued against the conclusion, saying it was unconstitutional, unjustified and inconsistent. Last March, the FCC responded, standing by its original conclusion and thus issuing notice for the net to pay up.

CBS then asked for reconsideration, which the agency flatly rejected Wednesday.

“The (FCC) rejects CBS’ claim that the halftime show was not indecent,” agency said in a statement.Rejection ends the appeals process with the FCC, but the net is vowing to continue the fight, most likely in court.

“We continue to disagree with the FCC’s finding that the broadcast was legally indecent,” the Eye said in a statement. “We will continue to pursue all remedies necessary to affirm our legal rights, and so today’s decision by the FCC is just another step in that process.”

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