A couple of points:

(1) My understanding is that they won't be showing any commercials during it. So I'm not sure you could claim "commercial" purposes in their airing it.

(2) There are a few disclaimers during the show about it being fictionalized, but ABC admits they only added those disclaimers once the protests began.

(3) ABC is marketing the film in Europe as the "Official True Story." You can watch the trailer here
http://www.youtube.com/watch?v=aHgbeJu1WGk
Notice the huge graphic that says "Official True Story"

The original intent was to present this show as 100% factual, and for teachers to use the lesson plans from Scholastic to teach the content in the schools as the true history of the 9/11 attacks. The huge outcry has led to some editing, some disclaimers, and the rewriting ot he Scholastic materials. But make no mistake about it--without all the letters and petitions, ABC fully intended to deceive the American public about everything from what airline Atta checked in on, to how the Clinton and Bush administrations responded to warning about OBL.

It's an utter piece of rubbish created by political activists. It belongs in movie theaters or on cable, but definitely not on my public airwaves.