by CBS appeals the $550,000 fine set by the Federal Communications Commission (FCC) for airing Janet Jackson?s breast-capade performance during the 2004 Super Bowl halftime show. The network argued the fine was ?unconstitutional, contrary to the Communications Act and FCC rules and generally arbitrary, capricious and contrary to law.? CBS communicated in a statement that it had apologized for ?the inappropriate and unexpected? performance and had put in place safeguards to prevent a recurrence. ?However, we disagree strongly with the FCC?s conclusions and will continue to pursue all remedies necessary to affirm our legal rights,? the network said. ?CBS? continued insistence that the halftime show was not indecent demonstrates that it is out of touch with the American people,? said FCC spokeswoman Tamara Lipper. ?Millions of parents, as well as Congress, understand what CBS does not: Janet Jackson?s ?wardrobe malfunction? was indeed indecent.? The FCC said it would fight to uphold the fine.
