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FCC NEWS

FEDERAL COMMUNICATIONS COMMISSION
445 12th STREET S.W.
WASHINGTON, D.C. 20554

News media information 202/418-0500
TTY 202/418-2555
Fax-On-Demand 202/418-2830
Internet http://www.fcc.gov
ftp://ftp.fcc.gov

This is an unofficial announcement of Commission Action. Release of the full text of a Commission order constitutes official action. See MCI v. FCC. 516 F 2d 385 (D.C. Circ 1974)

FOR IMMEDIATE RELEASE
May 31, 2006
NEWS MEDIA CONTACT:
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.

-FCC-