The FCC determined that WDBJ violated federal law by airing indecent programming from 6 a.m. to 10 p.m. when there is a reasonable risk that children may be in the audience, according to its statement.

Our action here sends a clear signal that there are severe consequences for TV stations that air sexually explicit images when children are likely to be watching, Travis Le-Blanc, chief of the FCCs enforcement bureau, was quoted as saying in the news release.

WDBJ plans to oppose the proposed fine, Channel 7 President and General Manager Jeff Marks said in a statement emailed to The Roanoke Times. The station, which has the most viewers at 6 p.m. in the Roanoke-Lynchburg television market, has 30 days to file a written argument that seeks to reduce or eliminate the fine.

We are surprised and disappointed that the FCC has decided to propose to fine WDBJ7 for a fleeting image on the very edge of some television screens during a news broadcast, Marks wrote. The story had gone through a review before it aired. Inclusion of the image was purely unintentional.

The image included a brief video clip of male genitalia and of a sexual act being performed. The clip was on the far edge of the webpage from which it was taken. In filings with the FCC, WDBJs management argued that the image was not visible on the monitor screens that were used when the story was edited, which is why the news director and reporter did not see them.

The picture in question was small and outside the viewing area of the video editing screen, Marks said. It was visible only on some televisions and for less than three seconds.

The image was visible in enough homes, however, for the FCC to take notice. After receiving numerous complaints, the FCC determined that the newscast in question was patently offensive as measured by contemporary community standards for the broadcast medium, according to its ruling.