Federal Communications Commission
Washington, D.C. 20554
In the Matter of ) )
COMPLAINTS AGAINST VARIOUS ) File No. EB-04-IH-0011
TELEVISION LICENSEES )
CONCERNING THEIR FEBRUARY ) NAL/Acct. No. 200432080212
1, 2004 BROADCAST OF THE SUPER )
BOWL XXXVIII HALFTIME SHOW )
ORDER ON RECONSIDERATION
Adopted: May 4, 2006 Released: May 31, 2006
By the Commission: Commissioner Adelstein concurring in part, dissenting in part, and issuing a statement.
I. INTRODUCTION
In this Order on Reconsideration, issued pursuant to section 405(a) of the Communications Act of 1934, as amended (the “Act”), and section 1.106(j) of the Commission’s rules,[1] we deny the Petition for Reconsideration of Forfeiture Order (“Petition”) filed by CBS Broadcasting Inc. (“CBS”) in this forfeiture proceeding.[2] The CBS Petition seeks reconsideration of our decision to impose a forfeiture of $550,000 against CBS Corporation, as the ultimate parent company of the licensees of the television stations involved in this proceeding, for the violation of 18 U.S.C. § 1464 and the Commission’s rule regulating the broadcast of indecent material.[3] We find that CBS has failed to present any argument warranting reconsideration of our Forfeiture Order.
II. BACKGROUND
This proceeding involves the broadcast of the halftime show of the National Football League’s Super Bowl XXXVIII over the CBS owned-and-operated television stations in the CBS Network (the “CBS Stations”) on February 1, 2004, at approximately 8:30 p.m. Eastern Standard Time.[4] Super Bowl XXXVII was the most-watched program of the 2003-2004 television season and had an average of audience of 89.8 million viewers.[5] At the end of the musical finale of the halftime show, Justin Timberlake pulled off part of Janet Jackson’s bustier, exposing one of her breasts to the television audience. After conducting an investigation, the