Wardrobe error may cost CBS $550,000

WASHINGTON – CBS could face a fine of $550,000 for airing Janet Jackson’s breast-baring performance during the Super Bowl, a person familiar with the matter said Wednesday.

According to the source, who spoke only on condition of anonymity, a staff recommendation to the Federal Communications Commission suggests each of the 20 CBS-owned stations be fined the maximum indecency penalty of $27,500 for the incident.

The staff did not recommend fining CBS affiliates that aired the Super Bowl show but are not owned by Viacom Inc., the parent company of CBS, the source said.

The commissioners now must decide whether to accept the recommendation. A decision is expected in the next few weeks.

FCC spokesman David Fiske declined to comment.

Calls to CBS and Viacom seeking comment were not immediately returned.

Produced by MTV, the Feb. 1 Super Bowl halftime show featured Jackson and singer Justin Timberlake performing a duet. At the end, Timberlake ripped off a piece of Jackson’s black leather top, exposing her right breast to a TV audience of some 90 million.

The commission was flooded with more than 500,000 complaints.

There is no government definition of indecency. Federal law bars radio stations and over-the-air television channels from airing references to sexual and excretory functions between 6 a.m. and 10 p.m., when children may be tuning in.

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