After paying a combined $1.2 million in indecency fines for airing a 2003 episode of "NYPD Blue" with female nudity, ABC on Thursday petitioned the U.S. Court of Appeals for the Second Circuit to overturn the FCC action, calling it "arbitrary, capricious, and contrary to law." In a statement, FCC spokeswoman Mary Diamond said: "The commission will defend the forfeiture order. We continue to believe inappropriate content was aired at a time when children are watching TV."

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