FCC finds itself in another fine mess

While preparing to take Fox Television to the Supreme Court over a handful of expletives, the Federal Communications Commission let expire a separate indecency fine against the network for airing a movie with multiple repetitions of one of the same expletives. The FCC blamed a recent federal appeals court decision, saying it has created confusion over how the agency can enforce its indecency rules. In March 2006, the FCC issued a Notice of Apparent Liability to Fox station KTVI St. Louis, Mo., proposing a $27,500 fine for a 2003 airing of the movie "The Pursuit of D.B. Cooper," which contained numerous instances of "shit" and its variations, including "bullshit," "holy shit" and "owl shit," according to an FCC investigation into the lone complaint that was lodged. But the agency never followed up with a formal notice of forfeiture -- a demand for payment that the Justice Dept. is authorized to collect. The statute of limitation for collecting on a forfeiture is five years from date of the offending broadcast. Because the FCC never issued a forfeiture notice and because KTVI broadcast the film on March 15, 2003, U.S. attorneys saw their chance to enforce any fine against KTVI expire nine days ago.
http://www.variety.com/article/VR1117982791.html?categoryid=14&cs=1