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 SEPARATE  STATEMENT  OF  COMMISSIONER  KEVIN  J.  MARTIN 
 Re:  Complaints  Against  Various  Licensees  Regarding  Their  Broadcast  Of  The  Fox  Television  Network  Program  “Married  By  America”  On  April  7,  2003,  Notice  of 
 Apparent  Liability  for  Forfeiture,  October  5,  2004 


 This  Notice  of  Apparent  Liability  proposes  to  fine  the  FOX  affiliates  who  aired  the  show  in  question  because  it  was  a  taped  show  and  “the  affiliates  could  have 
 preempted  it.”  This  decision  highlights  the  need  to  clarify  that  affiliates  have  the  right  and  responsibility  to  reject  inappropriate  programming.  As  I  have  said  on  numerous 
 occasions,  this  obligation  is  critical  to  local  broadcasters’  ability  to  keep  coarser  network  programming  off  the  air  in  their  communities.  1  The  network  affiliates  asked  us  to  clarify 
 this  right  over  three  years  ago.  2  The  Commission  needs  to  respond. 


 1  See,  e.  g.,  Written  Statement  of  Commissioner  Kevin  J.  Martin,  Before  the  Committee  on  Commerce, 
 Science  and  Transportation  at  4  (February  2004),  http://  hraunfoss.  fcc.  gov/  edocs_  public/  attachmatch/  DOC-243865A2.  doc. 
 2  See  Petition  for  Inquiry  into  Network  Practices,  filed  by  Network  Affiliated  Stations  Alliance  (March 
 2001);  Motion  for  Declaratory  Ruling,  filed  by  Network  Affiliated  Stations  Alliance  (June  2001). 
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