BOB GARFIELD: From WNYC in New York, this is NPR's On the Media. I'm Bob Garfield.

BROOKE GLADSTONE: And I'm Brooke Gladstone. The following item needs almost no introduction. According to Lycos, it was the most searched item in the history of the internet, eclipsing even the violence of September 11th -- the earth-shattering event to which I refer is the super bowl half time show exposure of Janet Jackson's right breast. FCC Chairman Michael Powell called it a, quote, "classless, crass and deplorable stunt," and he pledged to "open an immediate investigation" into the half-time show shenanigans.

BOB GARFIELD:But what power can the FCC really wield? Well, it can levy fines, and pending legislation would increase them ten-fold to 275,000 dollars. Also, it used to be that a show that contained obscenity would be fined once. Now each incident within a show carries that penalty. In the case of MTV and CBS's super bowl show, the crotch-grabbing and bumping and grinding alone could add up to quite a tidy sum for CBS. Alicia Mundy is a fellow at the New America Foundation and our resident expert on all things FCC. She says that for CBS and parent company Viacom those fines might still be chump change, but the ultimate cost could be a lot higher.

ALICIA MUNDY: As you know, CBS lucked out last year when the media ownership limits were raised, because it was over the limit of the number of different broadcast stations it could own around the country, and when the number was raised to 39 percent, CBS got kind of a waiver. So right now, CBS needs very much not to tick off anybody in Washington, and Michael Powell and the Federal Communications Commission can make them grovel and can at least have the amusing spectacle of Mel Carmison of CBS sort of on his knees with a sack cloth and hair shirt and ashes and everything coming to them, and that, that will probably be worth it.

BOB GARFIELD:But let's look at the particulars here. Compared to what is on network television every night of the week, was the half-time show at the super bowl really so fundamentally offensive and, and fundamentally different from the general fare?

ALICIA MUNDY: The cynic in me would like to point out that it's a presidential election year, and it's family values time big-time, and Congressmen who I personally know laugh about going to Hooters are coming out of the woodwork now to talk about the importance of keeping Janet Jackson and everybody else covered up on the air. I mean you, you cannot downplay the political significance of this in the timing.

BOB GARFIELD:I want to ask you about Michael Powell and what his motives might have been in this very public display of outrage. He, of course, is still wiping egg from his face over the FCC proposed rules which would have permitted still more media consolidation, and I think was surprised to see intense criticism coming not only from the left but from the right and the Republican party in Congress. Is any of this an attempt by him to sort of get back on the horse and regain his stature as the sheriff in media town?

ALICIA MUNDY: Yes, indeed. I think basically there was a rush by Michael Powell and Commissioner Kevin Martin, who would like to be the next Michael Powell, to get the microphone first to denounce the indecency that they had just observed, and Michael beat Kevin this time. So yeah, there's a lot of politicking here, there's grandstanding. This is Powell showing listen, I know what the issues are -- sure, I took it on the chin over media ownership, but watch me now -- I know how to play this game, and I'm going to make obscenity on the airwaves the most important thing since the use of your telephone.

BOB GARFIELD:Do you believe that there could be action in Congress to actually begin more regulation of content to prevent such episodes before they ever occur?

ALICIA MUNDY: Well, they always have to worry about that small problem called The First Amendment, but as a matter of fact, there are going to be two back to back hearings next week -- one in the Senate Commerce Committee with John McCain, and the other in the House Commerce Committee -- where you will see possibly a hundred politicians by the time the day is over fighting with each other to be the first to suggest a better way to get even with CBS and other networks in the future that do something like this. They could very well propose something in Congress to go after the licenses. The networks' local stations have licenses that are always up for renewal, and I think you will see a number of those proposals floated next Wednesday. Also, there's another issue at play here. You know there are no restrictions at all on cable, which is why you can always say the "F" word on cable, and some of the members of Congress now in light of this Janet Jackson incident are talking about what demands they can make on cable, to watch its content also. So I think this thing could get nasty before it gets better.

BOB GARFIELD:I want to ask you briefly about the cast of characters. It seems to be changing. Principal oversight for the FCC is at the House Committee on Energy and Commerce, and its chairman, Billy Tauzin, has just resigned that position and will be in all likelihood replaced by a Texas Congressman named Joe Barton. Tell us about Joe Barton and what you expect to hear from him.

ALICIA MUNDY: Joe Barton is, I believe, a seven term congressman from Texas. He's fairly conservative, and last week he was already heard complaining about the half-time show and indecency on the air. The people I talk to who are in the telecommunications business said nobody wanted to have to point out that in fact the statute says nothing about indecency on the air. It's obscenity on the air, and indecency is sort of what you can get away with. I know that in the past he has complained at least to some reporters, including me, about too many shows involving gay themes on the air. So we could be in for some pretty amusing hearings coming up.

BOB GARFIELD: All right, Alicia. Well, thank you very much.

ALICIA MUNDY: Well thank you.

BOB GARFIELD: Our friend Alicia Mundy is a fellow at the New America Foundation. [MUSIC]

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