• by David Kaplan , December 3, 2004

Fox Broadcasting Co. and over 150 Fox televisions stations asked the Federal Communications Commission to rethink its proposed $1.18 million fine for airing allegedly indecent content on the "Married by America" reality show.

The network and stations said the FCC's proposed fine violated free-speech rights under the U.S. Constitution and contradicted the agency's past decisions. In addition, Fox is arguing that the charges are too vague to warrant any penalty. And in answering charges that nudity was depicted, Fox has said that all private parts shown on camera were "pixilated" and therefore not explicit.

The FCC is proposing a $7,000 fine against Fox and each Fox affiliate station that broadcast the episode dated April 7, 2003, which featured scenes from bachelor and bachelorette parties in a Las Vegas hotel. "Married by America" is an unscripted reality series that follows five singles and asks the viewing public to play matchmaker and choose the respective spouses.

In the FCC's view, merely obscuring or "pixilating" sexual organs does not necessarily remove a broadcast from being classified as indecent. Further, the commission claims to have received 159 complaints about the episode.

The episode in question allegedly violates the FCC prohibition against "depicting or describes sexual or excretory organs or activities." In papers filed with the FCC, Fox contends that there is no violation of the rule, arguing that its editing of the broadcast avoided any such depictions.

The agency also proposed fining another 14 Fox stations, but they are pursuing their own responses to the FCC.