CBS has been preempted. Its appeals case against the FCC seeking to overturn the commission's indecency fine for the Janet Jackson "wardrobe malfunction" was bumped by C-SPAN, which decided to carry Congressional hearings on the troop surge in Iraq featuring testimony by Gen. David Petraeus instead. The cable network said that it would air the CBS appeal beginning tonight (Wednesday) at 8:00 p.m. on C-SPAN2. During the hearing, held in Philadelphia on Tuesday, CBS lawyers argued that "fleeting, isolated or unintended" images should not automatically trigger a fine. "The FCC's new zero-tolerance policy has already had a chilling effect on the broadcast industry, particularly with regard to television," CBS lawyer Robert Corn-Rever told the court. FCC lawyers argued, however, that CBS should have been prepared to prevent the incident from airing since Jackson's choreographer had boasted earlier in the wake that her performance would include "some shocking moments."