Ruling Clears Way for Court Challenge in 'Wardrobe Malfunction' Controversy
By Doug Halonen
The Federal Communications Commission announced Wednesday it has rejected CBS's appeal of a $550,000 fine the agency assessed after holding that the network violated FCC indecency prohibitions during coverage of the 2004 Super Bowl halftime show, when Janet Jackson's breast was exposed.

In a statement, the FCC said, "The commission affirms its finding that CBS's violation was willful and declines to reduce the forfeiture imposed upon CBS."

The FCC's rejection of CBS's appeal clears the way for CBS to challenge the ruling in court.

In a statement CBS said it apologized to the American people many times for an incident the network said was inappropriate and unexpected. CBS also said it has taken steps to make certain such an incident will never happen again.

"But we continue to disagree with the FCC's finding that the broadcast was legally indecent," CBS said. "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."


http://www.tvweek.com/news.cms?newsId=10104