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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:  May  31,  2006  David  Fiske:  (202)  418-  0513 
 david.  fiske@  fcc.  gov 


 FCC  DENIES  REQUEST  FOR  RECONSIDERATION  OF  SUPER  BOWL  XXXVIII  HALFTIME  SHOW  FORFEITURE  ORDER 


 Washington,  D.  C.:  The  Federal  Communications  Commission  (FCC)  today  denied  CBS’  request  for  reconsideration  of  the  Commission’s  decision  to  impose  a  forfeiture  for  the  broadcast  of 
 indecent  material  during  the  February  1,  2004  Super  Bowl  XXXVIII  halftime  show. 
 The  Order  rejects  CBS’  claim  that  the  halftime  show  was  not  indecent.  The  Commission  affirms  its  finding  that  CBS’  violation  was  willful  and  declines  to  reduce  the  forfeiture  imposed  upon 
 CBS.  Finally,  the  Commission  rejects  CBS’  argument  that  the  FCC’s  indecency  framework  is  unconstitutionally  vague  and  overbroad,  both  on  its  face  and  as  applied  to  the  halftime  show. 


 Action  by  the  Commission,  May  5,  2006,  by  Order  (FCC  06-  68).  Chairman  Martin,  Commissioners  Copps  and  Tate.  Commissioner  Adelstein  concurring  in  part,  dissenting  in  part. 
 Separate  statement  issued  by  Commissioner  Adelstein. 


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