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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE  NEWS  MEDIA  CONTACT:  September  22,  2004  Janice  Wise:  (202)  418-  8165 
 janice.  wise@  fcc.  gov 


 FCC  PROPOSES  STATUTORY  MAXIMUM  FINE  OF  $550,000  AGAINST  VIACOM-  OWNED  CBS  AFFILIATES  FOR  APPARENT  VIOLATION  OF 
 INDECENCY  RULES  DURING  BROADCAST  OF  SUPER  BOWL  HALFTIME  SHOW 


 Washington,  D.  C.:  The  Federal  Communications  Commission  today  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  of  $550,000  against  various  subsidiaries  of  Viacom  Inc.  for  apparently 
 willfully  broadcasting  indecent  material  during  the  February  1,  2004  Super  Bowl  XXXVIII  halftime  show.  The  show  contained  a  musical  performance  that  concluded  with  Justin 
 Timberlake  pulling  off  part  of  Janet  Jackson’s  clothing,  exposing  her  breast. 
 The  Commission  found  that  this  partial  nudity  was,  in  the  context  of  the  broadcast,  in  apparent  violation  of  the  broadcast  indecency  standard.  It  proposed  the  statutory  maximum  amount 
 against  each  of  the  Viacom-  owned  CBS  licensees  of  the  20  television  stations  that  aired  the  show  due  to  the  involvement  of  Viacom/  CBS  in  the  planning  and  approval  of  the  telecast  and  the 
 history  of  indecency  violations  committed  by  Viacom’s  Infinity  Broadcasting  Corporation  subsidiaries.  Although  the  Commission  found  that  other,  non-  Viacom  owned  CBS  affiliates  also 
 aired  the  material,  it  did  not  propose  forfeitures  against  them  because  of  the  unexpected  nature  of  the  halftime  show  and  the  apparent  lack  of  involvement  in  the  selection,  planning,  and  approval 
 of  the  telecast  by  these  non-  Viacom  owned  affiliates. 
 Adopted  by  the  Commission:  August  31,  2004,  Notice  of  Apparent  Liability  for  Forfeiture  (FCC  04-  209).  Chairman  Powell,  Commissioners  Abernathy,  Copps,  Martin  and  Adelstein.  Chairman 
 Powell  issuing  separate  statement;  Commissioners  Copps  and  Martin  approving  in  part,  concurring  in  part  and  issuing  separate  statements;  and  Commissioner  Adelstein  approving  in 
 part,  dissenting  in  part  and  issuing  separate  statement. 
 Enforcement  Bureau  Contacts:  Janice  Wise  or  Lisa  Fowlkes  (202)  418-  7450 
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