Court Comes Up Short on Profanity Ruling


In what the court case manager describes as an unusual delay, the U.S. Court of Appeals for
the Second Circuit, for a second time signaled they would have a decision in the FCC's
remand of four profanity decisions, and for a second time failed to deliver.

The three-judge panel is being asked by the FCC and some broadcasters to delay the court's
consideration of the merits of those decisions-challenged by broadcasters--while it
reconsiders them.

Last week during oral agrument, the judges suggested they would have a decision by the end
of the day (Aug. 29). Then last Friday, the clerk's office got a call saying the decision would be released Tuesday.

If the FCC gets its way, it has promised to give broadcasters an opportunity to defend the four broadcasts, and to come up with a new decision within 60 days.

If the remand is not granted, the court will schedule argument on the merits.