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                        STATEMENT OF 

Re:       Complaints Against Various Television Licensees 
     Concerning Their February 1, 2004, Broadcast of the 
     Super Bowl XXXVIII Halftime Show, Notice of Apparent 
     Liability for Forfeiture

 I write separately to express two concerns.  
 First, hundreds of thousands of viewers across the country 
filed complaints asking us to find various aspects of the 
Super Bowl halftime show indecent.  Some even complained 
that the whole show was indecent.  This Notice, however, 
analyzes only one segment of the show.  We have a duty to 
the public to fully analyze all of the complaints that we 
 Second, as I have said before, we need to affirm local 
broadcasters' ability - and responsibility - to reject 
inappropriate programming.2  This obligation is critical to 
local broadcasters' ability to keep coarser network 
programming off the air in their communities.  The network 
affiliates asked us to clarify that this right over three 
years ago.  We still have not acted, and thus I concur in 
the decision not to fine the affiliates in this instance.


1 Note 6 of the Notice acknowledges that ``[s]ome of the 
complainants also object to other material in the Super Bowl 
broadcast,'' but then concludes in two sentences that 
examples of such material were not indecent. 
2 See Written Statement of Commissioner Kevin J. Martin, 
Before the Committee on Commerce, Science and Transportation 
at 4 (February 2004),
243865A2.doc.  See also Petition for Inquiry into Network 
Practices, filed by Network Affiliated Stations Alliance 
(March 2001); Motion for Declaratory Ruling, filed by 
Network Affiliated Stations Alliance (June 2001).