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                                                        DA 04-402
                                                February 19, 2004
                                                                
                                
                                
        EX PARTE STATUS OF INVESTIGATION OF BROADCAST OF 
             SUPER BOWL XXVIII ON FEBRUARY 1, 2004, 
             BY CBS AND VARIOUS TELEVISION LICENSEES
                                
                                
The Commission is  currently conducting an  investigation of  the 
February 1,  2004,  broadcast  of the  CBS  Television  Network's 
coverage of  Super  Bowl  XXXVIII  by  the  network's  affiliated 
stations, in  File  No.  EB-04-IH-0011.  In  the  absence  of  a 
complaint  that  is  served  on  a  target,  ordinarily  such  an 
investigation is not subject to the ex parte rules. However,  of 
the over 200,000 complaints received  to date, a small number  of 
the complainants served their  complaints on CBS. Although  such 
service  would   ordinarily   require  the   treatment   of   the 
investigation as a restricted proceeding,1 in light of the  total 
number of complainants, such a reclassification of the proceeding 
would not  serve  the  public  interest.  Accordingly,  we  will 
continue to treat  this matter  as not  subject to  the ex  parte 
rules2  until  such  time  as  further  developments  (e.g.,  any 
issuance of a notice of apparent liability for forfeiture)  would 
render the proceeding restricted.3 

For further information, contact William D. Freedman at (202) 
418-1415.

Action by Chief, Investigations and Hearings Division, 
Enforcement Bureau 







_________________________

1 See 47 C.F.R.  1.1202(d)(2), 1.1208.

2 See 47 C.F.R.  1.1200(a).

3 See 47 C.F.R.  1.1202(d)(3), 1.1208.