FCC Fines CBS, Affiliates, $3.63 Million

The Federal Communications Commission (FCC) cleared out a backlog of more than 300,000 backlogged indecency complaints today, covering everything from Fox’s The Search for D.B. Cooper to the now-infamous Super Bowl XXXVIII Halftime Show, featuring Janet Jackson’s “wardrobe malfunction.”

CBS bore the brunt of the FCC’s crackdown, being handed a fine of $3.63 million for airing an episode of Without A Trace that aired Dec. 31st, 2004. As The Hollywood Reporter reported, the episode in question, “Our Sons and Daughters”, “revolves around an FBI investigation into the disappearance and possible rape of a high school student. Although there is no nudity in the episode, male and female teenagers are depicted in various stages of undress. The victim is shown wearing a bra and panties as three teenage males force her to have intercourse. The show was a rerun that aired outside its usual 10 p.m. slot.” The FCC levied the fine to CBS and 111 of its affiliates, each receiving the current maximum fine of $32,500. Reuters has published that “Congress has been considering boosting fines for violating decency limits to as much as $500,000 per violation.”

As well, the FCC targeted CBS for Janet Jackson’s exposed breast during the Super Bowl XXXVIII Halftime Show, upholding a previous decision. The new FCC ruling came down after CBS had appealed an earlier ruling. Aside from the fact that the performance was the most highly TiVo-ed event in its history, the highly controversial incident led to CBS and other networks adding in a delay in order to catch such incidents in live programming. The New York Times reported CBS’ statement in response. “More than two years ago we apologized to viewers for the inappropriate and unexpected halftime incident," the statement said. "We will continue to pursue all remedies necessary to affirm our legal rights. Today's decision by the F.C.C. is just another step in the process.” Other performers during the Half-time show included Kid Rock, Sean “P. Diddy” Combs, Nelly, and the duet of Justin Timberlake and Janet Jackson. A $550,000 fine was layed down for that infraction.

Some of the other fines handed out during the FCC’s clearing of the backlog went to The WB for its show, The Surreal Life 2, in the amount of $27,500, as well as Fox network’s show The Search for D.B. Cooper which received the same fine, and even to PBS, which was slapped with a $15,000 fine for airing the Martin Scorsese documentary, The Blues: Godfathers and Sons. The FCC also ruled against the networks without levying fines. In one instance, the Fox Network was found negligent for allowing Nicole Ritchie to say profane words during the 2003 Billboard Music Awards.

The networks had a chance to reply to the charges and fines through statements issued throughout the day. CBS said, in a statement, that the Without a Trace episode “featured an important and socially relevant storyline warning parents to exercise greater supervision of their teenage children. The program was not unduly graphic or explicit.”

This is the FCC’s first round of fines given out this year. Also, these are the first fines brought down by Kevin Martin, the new chairman of the FCC. Martin was to be a lawyer on President Bush’s election campaign, has been appealing for tougher penalties for indecency since he began working with the FCC in 2001. In a statement made by Kevin Martin, posted on the FCC website, he claims, “These decisions, taken both individually and as a whole, demonstrate the commission's continued commitment to enforcing the law prohibiting the airing of obscene, indecent and profane material.”

As this rates for offences, the $3.63 million handed out to CBS outdoes the $3.5 million incurred in 2004 by Viacom Inc., CBS’s parent company, for outspoken shock-jock Howard Stern’s various outbursts. As well, the ruling against CBS dwarfs the old record fine, $1.14 million, given out to Fox for its reality show, Married by America. Under the previous FCC Chairman, Michael Powell, $7.9 million in fines had been given out in 2004, the highest single-year total to date. Michael Powell stepped down in March 2005, allowing Kevin Martin to take the FCC chair.

[Additional Sources: The Hollywood Reporter, Reuters, New York Times, CBS, FCC]