ABC Affiliates Won't Save "Pvt. Ryan"

Private Ryan survived World War II, but he's been done in by Janet Jackson's right nipple.

A number of ABC affiliates have scrapped tonight's Veterans Day broadcast of Steven Spielberg's Oscar-winning film Saving Private Ryan out of concern that the unedited movie could leave them open to fines by the Federal Communications Commission.

While the stations have already aired the World War II drama twice before, they decided to preempt this year's run after deciding Ryan's graphic depiction of the D-Day invasion and use of profanity (the film contains upwards of three dozen F-bombs) was not appropriate for prime-time in the wake of the recent FCC crackdown on CBS over Jackson's Super Bowl wardrobe malfunction.

Since the incident, which resulted in the commission fining CBS-owned stations a record $550,000 (the stations are appealing the fine), the FCC has started enforcing a stricter interpretation of the rules governing indecency and profanity.

Under FCC guidelines, stations are not permitted to air language between 6 a.m. and 10 p.m. that is "grossly offensive to members of the public who actually hear it as to amount to a nuisance." However, the rules do note that it all depends on the context.

Affiliates are forbidden from bleeping or editing out epithets from Saving Private Ryan because of a clause in Spielberg's contract that calls for the film to be shown unexpurgated.

"The inconsistent manner in which the FCC is choosing to apply these rules puts TV stations like ours in a most difficult position," Raymond Cole, president of Citadel Communications, said in a statement.

"As this relates to Saving Private Ryan, our concern centers on whether the FCC would consider the context in which the intense adult language and graphic battleground violence is presented in the movie."

Citadel, which operates three stations in Des Moines and Sioux City, Iowa, and Lincoln, Nebraska, did not want to risk incurring massive fines, despite assurances from parent network ABC that it would pick up the tab.

Cole said his company had asked the FCC to elaborate on whether Ryan crossed any lines, but a spokeswoman for the FCC told him regulators did not issue rulings in advance of a broadcast to avoid the appearance of censorship.

Citadel isn't the only one running scared.

At least 15 other affiliates won't show Ryan, including those in Atlanta, Detroit, Cleveland, Cincinnati, Milwaukee, New Orleans, Orlando, Phoenix, as well as smaller markets like Austin, Texas, Hampton, Virginia and Manchester, New Hampshire.

A number of the affiliates requested to broadcast Ryan at 10 p.m., but the network refused.

In its own statement, ABC said it was working with stations to allay their concerns.

"As in the past, this broadcast will contain appropriate and clear advisories and parental guidelines, and, as customary, we will provide advance screenings for ABC affiliates and advertisers," the network said.

ABC cited a letter from the FCC in 2002 that defended the broadcast of Ryan over objections from the conservative-leaning American Family Association, which complained about the 2001 broadcast.

"We cannot conclude that this material is indecent," wrote Charles Kelly, then chief of the FCC's investigations and hearings division. "The expletives used by some characters, in context, do not appear to depict or describe sexual or excretory organs or activities. Moreover, the use of expletives or other 'four-letter-words' in and of itself does not render material indecent."

Indeed, even the conservative Parents Television Council that is often criticizing network offerings, says it won't protest the airing of Ryan.

"Context is everything," PTC head Brent Bozell said in a statement. "We agreed with the FCC on its ruling that the airing of Schindler's List on television was not indecent and we fell that Saving Private Ryan is in the same category. In both films, the content is not meant to shock, nor is it gratuitous."

Still, several of the stations have opted to replace Ryan with more family-friendly fare, such as the TV movie Return to Mayberry.

Spielberg's publicist, Marvin Levy, calls the schedule change "unfortunate."

"It seems to be an over reaction to the FCC right now. Particularly today, which is Veterans Day, and people in those cities will not have a chance to see this film which honors the sacrifices of those who served in WWII," Levy told E! Online. "We feel the film is certainly an R-rated movie, but it's really the choice of the parents to determine whether it's appropriate for their children."