In Decency

Posted: Thu., Feb. 23, 2006, 2:59pm PT

FCC to issue b'cast indecency rulings

CBS' Jackson fine to stand

Kevin J. Martin

Martin

The Federal Communications Commission is about to issue its first broadcast indecency rulings under chairman Kevin J. Martin, and CBS and Fox are expected to take the hardest hits.

The commission will uphold its previous $550,000 fine against CBS for the infamous Janet Jackson "wardrobe malfunction;" Fox will be found to have violated FCC indecency standards with its live broadcast of the 2003 Billboard Awards, during which Nicole Richie uttered two obscenities.

Also, Fox's appeal of a $1.2 million fine involving an episode of "Married by America" is expected to fail. And NBC Universal's appeal of an FCC decision stating that rocker Bono's use of the f-word during the 2003 Golden Globes broadcast was a statutory violation (although it drew no fine) will be denied.

An FCC spokeswoman said she could not comment on press reports that the rulings were imminent, but FCC sources said decisions on about 40 cases -- some drawing fines, others being dismissed -- will be issued within two weeks, possibly in a matter of days, depending on how soon commissioners can finish writing individual opinions.

Neither CBS nor News Corp. returned calls seeking comment.

While a sitting commissioner, Martin frequently called for tougher actions against indecency, but as he approaches his one year anniversary as chairman, the FCC is only now about to issue its first indecency rulings on his watch. The agency released none in 2005, the first time in years.

Part of the reason is that Martin has been stuck with a 2-2 split among Republican and Democratic commissioners. Just within the past few weeks, the White House finally nominated another Republican to fill the vacant seat, giving Martin his GOP majority.

Contact the Variety newsroom at news@variety.com

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