CBS asked a federal appeals court on Friday to set aside the $550,000 fine by the Federal Communications Commission against the broadcaster for airing Janet Jackson's breast-baring performance during the 2004 Super Bowl halftime show.

The television network argued the fine was "unconstitutional, contrary to the Communications Act and FCC rules and generally arbitrary, capricious and contrary to law."

The petition for review was filed in the 3rd U.S. Circuit Court of Appeals in Philadelphia. CBS agreed to turn over the fine money, a prerequisite for filing the appeal.

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The FCC said it would fight to uphold the fine.

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