updated 7:17 p.m. ET Oct. 21, 2004

DAYTONA BEACH, Fla. - Dale Earnhardt Jr. lost his appeal of a 25-point penalty and $10,000 fine for using a vulgarity during a postrace TV interview.

Instead of leading the Nextel Cup standings Monday by a point with five races to go, Earnhardt trails leader Kurt Busch by 24 points.

“NASCAR had issued repeated warnings to contestants regarding the use of inappropriate language during live event broadcasts,” the National Stock Car Racing Commission said Monday. “The infraction occurred on-air at the racetrack during the live broadcast of a NASCAR event, not in a casual private conversation or offsite activity.”

NASCAR punished Earnhardt on Oct. 5, two days after he won a race at Talladega and was interviewed by NBC.

In its denial of the appeal, the three-person panel called Earnhardt an important ambassador of the sport and a role model.

There was no immediate response from Earnhardt or his team. They have the option of making a final appeal to commissioner Charles D. Strang.

Meanwhile, the Parents Television Council, an advocacy group to protect children against sex, violence and profanity in entertainment, filed an indecency complaint against NBC with the Federal Communications Commission.

It wants the FCC to levy a fine against every NBC affiliate that aired the interview.

Attempts to reach someone at NBC Sports were not immediately successful.

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