The Federal Communications Commission has requested that the Supreme Court review its previous decision to throw out the regulatory agency's $550,000 fine against CBS for Janet Jackson's infamous wardrobe malfunction at the 2004 Super Bowl.
The court has been asked by the FCC to wait on that ruling until it has ruled on another charge by the agency against FOX for use of profanity during an awards show, according to Multichannel News.
In the appeal, the FCC says that the court was wrong to rule their "fleeting images" indecency policy to be "arbitrary and capricious."
The court "contravened settled principles governing the deference due to an administrative agency's reasonable understanding of its own decisions," the agency added.
The Third Circuit denied a rehearing of the case back in January.
by RTT Staff Writer
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