ABC Breaks Ranks On TV Profanity, Supports FCC's Second Look

After a long-standing solidarity among the major broadcast networks on the subject of television profanity, one major network is breaking ranks. Walt Disney Co.-owned ABC is backing Federal Communications Commission Chairman Kevin Martin's request to take a second look at profanity decisions. Fox, NBC and CBS, oppose the plan.

ABC Thursday filed a motion supporting the FCC's request to review four indecency findings from the commission's March order - one where, as yet, no fines have been imposed. Those networks and affiliates involved in the March order immediately went to court to remand the decision.

ABC's motives may be two-fold. One is that the FCC bypassed the normal appeals process, essentially denying the fined stations an opportunity to challenge the rulings. ABC isn't the only one asking for a second look. Network affiliate groups are backing the effort.

Secondarily, other experts say ABC may be looking to help out Martin, who is going to bat for the broadcaster on ownership deregulation and multicast must-carry.

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One the other side, are the Fox, CBS, and NBC networks, as well as the Fox affiliate association. Those networks are hoping for a speedy hearing after two years of profanity limbo following the decision concerning Bono's use of the f-word on the "Golden Globes" telecast.

NBC points that out that the FCC has not ruled on a two-year-old network petition challenging that Bono's 2004 "f-ing brilliant" remark on NBC's "Golden Globes" coverage was indecent. The FCC did not fine NBC because it said fleeting profanities were not indecent. But NBC felt the FCC was putting networks on notice.

Similarly, the FCC did not issue fines in the four March profanity findings, since those occurred before the Bono decision. The four findings were against ABC's "NYPD Blue" (the BS-word), Fox's "Billboard Music Awards" (f-words and s-words) and CBS's "The Early Show" (a BS-word). "The Early Show" is in a gray area since it is a news program, which historically have gotten more leeway for than entertainment programming.

. Still, all the networks and affiliates were on the same page in April when they took the unprecedented step of joining in the court challenge, saying, "We strongly believe that several of the FCC rulings issued on March 15 are unconstitutional, and find them inconsistent with two decades of previous FCC decisions. In filing these court appeals we are seeking to overturn the FCC decisions that the broadcast of fleeting, isolatedand in some cases unintentionalwords rendered these programs indecent."

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