NYPD Blue – 5 Year Old Issue About a Butt

I’m hoping someone can explain this one to me. I’m wondering why the FCC, Federal Communications Commission, has to place a fine on an episode of a show from five years ago when the show itself hasn’t even been on the air for three years.

Back in 2003, ABC’s NYPD Blue aired an episode with a woman getting into the shower when a young boy shows up and surprises her. Her bare butt was in view of the camera. Fans of the show know this is nothing new for this cop drama, as we were constantly seeing someone’s butt on the show since the very beginning. Most famously, we were “treated” to Dennis Franz’ butt. But no one ever complained after seeing his. Well, not that no one complained, but the FCC didn’t. So what’s the difference between Franz’ butt and this woman’s butt, other than the obvious?

According to the FCC, indecent content is defined as a broadcast that in a “patently offensive way … depicts or describes sexual or excretory activities.” She was getting ready to shower, and she didn’t know the boy was there, so I don’ think it was either sexual or “excretory.” It also states that these rules apply between 6 AM and 10 PM, and assuming they mean Eastern Time, that wouldn’t apply to the series in its time slot, as it aired on Tuesdays, starting at 10 PM. It’s still aired on reruns today on TNT, but I don’t think that’s what they’re referring to, as the FCC fined fifty-two stations that are either owned or affiliated with ABC which is owned by the Walt Disney Company. Perhaps it aired that year in a rerun not at its scheduled time.

The networked argued that this woman’s butt was not a sexual organ, but the FCC rejected that claim saying that it was indeed a sexual organ. Does this mean that Dennis Franz’ butt is not seen as a sexual organ but this woman’s is? Furthermore, Steven Bochco has said he had to negotiate with the network when the series first premiered to be able to show the amount of profanity and nudity that he wanted to, to adequately depict life in a New York police precinct. Several affiliates originally declined to show the program. So the network gave him the go ahead, and then several years later, towards the end of the run, the FCC chooses to pick out this one moment of butt showing?

And still, why fine these stations now, three years after NYPD Blue has been off the air, and five years since the original airing of the episode? Usual network television is already at a standstill anyway because of the writers’ strike, and now ABC’s affiliates are getting hit with a fine for showing a butt five years ago? It just doesn’t make a lot of sense, but if someone has an explanation, please let me know.