An FCC spokeswoman said Friday that CBS' argument that the Janet Jackson 2004 Super Bowl halftime reveal was not indecent "runs counter to common sense."
CBS late last week filed its opposition to a proposed fine against Without a Trace and appealed the fine on Jackson, meeting a 30-day deadline for replying to the two actions.
Responding to that response, FCC spokeswoman Tamara Lipper said: "The episode of CBS's Without A Trace that the Commission found to be indecent depicts a teen orgy as
well as a teenage girl straddling (and apparently engaging in intercourse) with one boy while two others kissed her breast.
"Additionally, in its recent order the Commission again rejected CBS's argument that the broadcast of the Super Bowl XXXVIII halftime show was not indecent. That argument runs counter to Commission precedent and common sense. The Commission however, will review any request for reconsideration."
It isn't clear what precedent Lipper was referring to beyond the initial finding against Jackson, which wouldn't actually be a precedent since it is the same incident.
Last week, ABC, CBS, NBC and Fox challenged in court other proposed fines,specifically against profanity, that were part of a package of indecency actions released last month. The proposed fines for sexual content were not included.