Powell: Jackson Flash 'A New Low'

The chairman of the Federal Communications Commission told lawmakers Wednesday that the Super Bowl halftime show was "a new low for prime-time television." But several members of Congress said the FCC has failed to enforce decency standards.

Testifying with the other four commissioners before the Senate Commerce Committee, Michael Powell said the FCC was investigating whether the show, which ended with Justin Timberlake tearing off part of Janet Jackson's top and exposing her right breast to 90 million TV viewers, violated indecency laws.

"The now infamous display during the Super Bowl halftime show, which represented a new low in prime-time television, is just the latest example in a growing list of deplorable incidents over the nation's airwaves," Powell said.

The FCC has received more than 200,000 complaints about the halftime show.

Powell said the commission has aggressively gone after indecency violators, and would start doing more, including fining broadcasters for each incident rather than each program, and revoking licenses of some serial violators.
"We definitely need increased enforcement authority," Powell said.

But at a House hearing later in the day, lawmakers slammed the FCC's enforcement efforts to date. Last year, the FCC received 240,000 viewer complaints about 375 different programs, but only sent three violations notices out, noted Edward J. Markey, a Massachusetts Democrat.

"There's no real deterrent effect left," Markey said. "This is especially true of the multibillion conglomerates that control a multitude of stations.

"The halftime show at the super bowl is the proverbial last straw," said Joe Barton, R-Texas. In addition to Jackson's display, the show featured provocative dancing and lyrics laced with sexual innuendo.

In prepared testimony, NFL commissioner Paul Tagliabue apologized and said the NFL should have done more to ensure the program was suitable for a prime-time audience.

"The show that MTV produced this year fell far short of the NFL's expectations of tasteful, first-class entertainment," he said.

Mel Karmazin, president of CBS and MTV owner Viacom, also apologized, saying in prepared testimony, "Although we are proud of 99 percent of what people saw on CBS last Sunday, we understand what a difference one percent can make."

It's not only the commissioners and members of congress who are angry.

"CBS gave everyone on the FCC, everyone in Congress, every parents' organization, every parent a slap in the face and said, 'Go to hell,"' said L. Brent Bozell III, president of the Parents Television Council, a conservative advocacy group.

"The wake-up alarm went off at the FCC," Bozell said. "Now what you're seeing are the commissioners taking a very strong public position on this."

While criticizing Viacom, Congress last month voted to allow the company to own more television stations. Bowing to a veto threat from President Bush, lawmakers agreed to let companies like Viacom to own television stations reaching 39 percent of the viewing public, rather than 35 percent.

"Just today an economic earthquake was announced. Comcast is trying to acquire Disney," said Sen. Bill Nelson, D-Fla. "Here we go, the trend of consolidation is continuing."

The incident occurred at a time when lawmakers were pressing the FCC to crack down on indecent programming.

"Seeing Janet Jackson's breast for two seconds pales in comparison to some of the things we see on TV on a regular basis," said Sen. John Breaux, D-La.

Legislation to increase the fines for indecency from $27,500 to $275,000 has been introduced in both houses of Congress.

Last month, the FCC proposed a record $755,000 fine against Clear Channel Communications, the nation's largest radio station chain, for the "Bubba the Love Sponge" program aired on four of its Florida outlets.

The FCC says it has stepped up enforcement of indecency rules. But the agency's enforcement bureau last December declined to fine NBC for airing an expletive uttered by rock star Bono during the 2003 Golden Globe Awards show. The commission is considering whether to overrule the bureau in that case.

Both performers in the halftime show have apologized and insisted the incident was not planned. Timberlake called it a "wardrobe malfunction." Jackson said offending people was "truly not my intention." MTV said the flash was "Unrehearsed, unplanned, completely unintentional."

According to the FCC, non-cable TV channels cannot air "obscene" material at any time and cannot air "indecent" material between 6 a.m. and 10 p.m. The FCC defines obscene as describing sexual conduct "in a patently offensive way" and lacking "serious literary, artistic, political or scientific value." Indecent material is not as offensive but still contains references to sex or excretions.