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WDBJ Opposes Proposed $325,000 Indecency NAL

The FCC proposed $325,000 indecency forfeiture against Schurz Communications' WDBJ, Roanoke, Virginia, is based on “mistaken assumptions” and “misapplied standards,” the station said in a news release Wednesday. WDBJ filed an opposition to the notice of apparent liability (see 1503240038)…

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Tuesday. In proposing the fine, the commission ignored court decisions that raise doubts about the constitutionality of the commission's indecency policies, WDBJ said. “Even if some penalty could properly be imposed, there was no justification for the FCC to impose a fine 46 times greater than its rules establish,” said the TV station. “We believe that the First Amendment does not allow the FCC to ‘throw the book’ at a station for unintentionally including a fleeting inappropriate image in a newscast about a legitimate story,” said President-General Manager Jeffrey Marks. The station said it has taken steps to prevent the incident from happening again, and asked the commission to withdraw the proposed forfeiture.