Issuing a fine is the least of a radio or television licensee's worries. Your broadcast license is not permanant. It's subject to periodic review and mandatory renewal, and the public is allowed to comment on the performance of your station. The FCC has the power to deny a license renewal altogether, essentially telling the station owner he's out of the broadcasting business with that particular station, without compensation! That's the authority of the FCC given to them by the Communications Act of 1934.

ABC, the network, stated that they would cover any fines the FCC might issue with regard to a judgement of indecency or obscenity in the airing of Saving Private Ryan. But what if the FCC in its ever-escalating "war on indecency" decides to impose the broadcast equivalent of the "death penalty" and takes away a station's license? The network can't help you then. The affiliates alone are responsible for their respective licenses -- not the networks. That's the reason why some affiliates wouldn't air Saving Private Ryan.

The FCC has always been pretty rigid about imposing penalties for airing indecent content during hours when children were likely to be among the audience. That was the basis of the Supreme Court ruling in 1978 that helped shape the indecency rule and it's part of the test in evaluating indecent content. Saving Private Ryan was being aired in prime time and by definition that's a time when children were likely to be among the audience. And that's also why select affiliates elected not to air the programming. Some of those station managers were very specific about adhering to the letter and spirit of the law -- the language in the movie could be construed as indecent and it was being offered only in prime time. That was a risk those station's weren't willing to undertake.

tony b.