REPORT NO. MM-829      MASS MEDIA ACTION      MAY 20, 1994


            FCC ISSUES NALS FOR $200,000 TO INFINITY LICENSEES
                    FOR BROADCAST OF INDECENT MATERIAL
                       DURING THE HOWARD STERN SHOW


      The Commission today issued Notices of Apparent Liability
(NAL) to Infinity Broadcasting Corporation and its subsidiaries,
licensees of WJFK(AM), Baltimore, MD; WXRK(FM), New York, NY;
WYSP(FM), Philadelphia, PA; and WJFK(FM), Manassas, VA, in the
aggregate amount of $200,000 for broadcasting apparently indecent
material during "The Howard Stern Show" on December 6, 1993 and
January 19, 1994 between approximately 6:00 a.m. and 10:00 a.m.

      The Commission has defined indecency as language or
material that, in context, depicts or describes, in terms
patently offensive as measured by contemporary community
standards for the broadcast medium, sexual or excretory
activities or organs.  See Infinity Broadcasting Corporation of
Pennsylvania, 2 FCC Rcd 2705 (1987).  The United States Court of
Appeals for the District of Columbia Circuit has upheld the
Commission's authority to restrict the broadcast of indecent
material at times when there is a reasonable risk that children
may be in the audience.  Action for Children's Television v. FCC,
852 F 2d 1332 (DC Cir. 1988).

      The excerpts from "The Howard Stern Show" appear to be
indecent in that they contain language that describes sexual
activities and organs in patently offensive terms.  Because the
material aired at times when there was a reasonable risk that
children may have been in the audience, it is legally actionable. 




                                  (over)









                                    -2-


      In determining the amount of these forfeitures, we find
that the same exacerbating considerations concerning Infinity's
history of apparent misconduct reviewed in assessing prior
forfeitures against Infinity are applicable here.

      Action by the Commission May 20, 1994, by Direction Letter
(FCC 94-121).  Chairman Hundt, Commissioners Quello and Barrett.


                                   -FCC-

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