I suppose it's a safe bet that Chairman Martin's next job won't be with CBS. -- Andy, N6AJO At 12:52 PM 7/21/2008, Kay Craigie wrote:
I just read on the Web that the Third U.S. Circuit Court of Appeals has thrown out the huge fine levied by the FCC on CBS following the Janet Jackson boob-boo during the Super Bowl halftime show several years ago. The court ruled that the FCC acted arbitrarily and capriciously. The story on the MSNBC web site says
"The court found that the FCC deviated from its nearly 30-year practice of fining indecent broadcast programming only when it was so "pervasive as to amount to 'shock treatment' for the audience."
"Like any agency, the FCC may change its policies without judicial second-guessing," the court said. "But it cannot change a well-established course of action without supplying notice of and a reasoned explanation for its policy departure."
The story goes on to say the 3rd Circuit judges - Chief Judge Anthony J. Scirica, Judge Marjorie O. Rendell and Judge Julio M. Fuentes - also ruled that the FCC deviated from its long-held approach of applying identical standards to words and images when reviewing complaints of indecency.
Whatever one may think of CBS and the particular incident at the Super Bowl, this court decision is yet another judicial wake-up call to the FCC to play by the rules and stop making things up as they go along.
73 - Kay N3KN
Andy Oppel andy.oppel@gmail.com andy@andyoppel.com