http://www.washingtonpost.com/ac2/wp-dyn/A5746-2004Feb2?language=printer


The Federal Communications Commission launched an investigation into
Sunday's controversial Super Bowl halftime show yesterday and FCC
Chairman Michael K. Powell telephoned Mel Karmazin, president of CBS
parent Viacom Inc., to express his outrage, saying the entertainment
giant should have known what was going to transpire during the show.
The FCC probe will encompass the entire halftime program -- including
the brief exposure of singer Janet Jackson's breast and the sexualized
dance routine precipitating it -- to determine if it violates
indecency standards set in law and enforced by the FCC.

If indecency violations are found, each of Viacom's 200 owned and
affiliate stations could face a penalty of up to $27,500. FCC
officials said the agency may also pursue penalties against CBS and
the individual performers, Jackson and Justin Timberlake.

The FCC announced its probe as NFL Commissioner Paul Tagliabue
promised that the league would change its policies to ensure that
future halftime shows are "of far more appropriate quality for the
Super Bowl game."

Powell said the investigation will be "thorough and swift."

"I am outraged at what I saw during the halftime show of the Super
Bowl," the FCC chairman said in a statement. "Like millions of
Americans, my family and I gathered around the television for a
celebration. Instead, that celebration was tainted by a classless,
crass and deplorable stunt. Our nation's children, parents and
citizens deserve better."

The other FCC commissioners issued similar statements. In addition to
the racy halftime show, some of the commercials shown during the game
featured previews for violent movies and jokes employing scatological
humor.

The controversy surrounding the halftime show for Super Bowl
XXXVIII -- which was watched by an estimated 99 million viewers in the
United States and around the world -- stung the NFL. In addition to
its U.S. audience, this year's game was telecast to 229 countries and
territories, including China for the first time.

Joe Browne, the NFL's vice president of communications and government
affairs, said the league had expressed its concerns to MTV, a Viacom
subsidiary, which produced the show for CBS.

"We expressed our concerns to MTV all during the preparations for the
game and we had assurances that the entertainment would be appropriate
to all aspects of our audience," Browne said. "We are extremely
disappointed and feel consistently let down in that we believe the
show was inappropriate for our audience and embarrassing to us and to
our fans. . . .

"We applaud the FCC's investigation into the MTV-produced halftime. We
and our fans were embarrassed by the entire show."

In a statement Sunday night, Browne said it was unlikely MTV would be
asked to produce halftime shows for future Super Bowls.

"We were asked very early in the planning stages by CBS officials to
give some serious consideration to have MTV produce the [halftime]
show," Browne said. "At this point, I'm not sure it was a wise
decision."

Jackson and Timberlake's number -- the final act of the 12-minute
halftime show at Reliant Stadium in Houston -- saw the two of them
dancing and grinding suggestively to Timberlake's tune "Rock Your
Body," which includes the lyric, "I'll have you naked by the end of
this song." As the routine ended, Timberlake reached across Jackson's
chest and pulled off the right breast cup of her black leather bodice,
revealing her breast, which was adorned with a piece of jewelry that
looked like a silver sunburst. After a dramatic pause, Jackson clasped
her arms over her breast.

CBS and MTV maintained yesterday that they had been unaware of the
stunt beforehand. A CBS source said that there was never any
choreography during the rehearsals last week that hinted Timberlake
would get that close to Jackson to pull at her top. "We feel like we
were duped by the whole thing," the source said. "Could it have been
an accident? Who knows? . . . The only people who would were Janet
Jackson and Justin Timberlake."

A statement issued by CBS said: "The moment did not conform to CBS
broadcast standards and we would like to apologize to anyone who was
offended."

Jackson issued a statement late yesterday that said the bodice-ripping
incident was a stunt gone bad. "The decision to have a costume reveal
at the end of my halftime show performance was made after final
rehearsals," she said. "MTV was completely unaware of it. It was not
my intention that it go as far as it did. I apologize to anyone
offended -- including the audience, MTV, CBS and the NFL."

Timberlake expressed regret in a statement Sunday night that
attributed the incident to a "wardrobe malfunction."

But assurances made by Jackson's choreographer to MTV.com before the
halftime show that viewers would see "some shocking moments" in her
performance left some questioning their sincerity. MTV boasted "Janet
Gets Nasty!" on its Web site Sunday night shortly after the halftime
show. "Jaws across the country hit the carpet at exactly the same
time," the story read. "You know what we're talking about, Justin
Timberlake and a kinky finale that rocked the Super Bowl to its core."

MTV Networks President Judy McGrath said the finale of the
Jackson-Timberlake act caught the network by surprise. "I'm mostly
horrified as what I think would have been an entertaining, exciting
great halftime show that ended so badly in five seconds none of us
knew anything about," she said.

Powell said his unhappiness with the halftime show went beyond
Jackson's exposure. It "wasn't even the most offensive part," the FCC
chief said in an interview. "It was the finale of something that was
offensive. The whole performance was onstage copulation." He added,
"This really crossed a heinous line."

The FCC has defined broadcast indecency as "language or material that,
in context, depicts or describes, in terms patently offensive as
measured by contemporary community broadcast standards for the
broadcast medium, sexual or excretory organs or activities."

The halftime show was noteworthy in light of recent events surrounding
broadcast indecency, said Jonathan Cody, Powell's legal adviser. Radio
giant Clear Channel Communications was fined $755,000 last week for
several sexually explicit broadcasts. Two weeks ago, a bill was
introduced in Congress that would increase FCC fines for indecency
tenfold. Actress Diane Keaton uttered a profanity on a recent awards
show and the FCC said it is considering tougher sanctions against
indecency, such as broadcast license revocation.

Also, Powell has asked his fellow commissioners to overturn a ruling
by the FCC's enforcement bureau that determined a profanity uttered by
rock singer Bono during an NBC awards broadcast in January 2003 was
not indecent.

"These guys have been put on clear notice," Cody said. "We are all
questioning with great wonder what exactly CBS was thinking. [The FCC]
is going after them for this."

Cody said FCC lawyers were studying statutes to ascertain how far the
agency's authority extends to investigate. "There's not a stone that's
going to be left unturned as to what our abilities are," he said.

xponent

Tat For Tit Maru

rob


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