NOTICE ********************************************************* NOTICE ********************************************************* This document was originally prepared in Word Perfect. If the original document contained-- * Footnotes * Boldface & Italics --this information is missing in this version The document format (spacing, margins, tabs, etc.) is changed too. If you need the complete document, download the Word Perfect version. For information about downloading documents (FTP) see file how2ftp. File how2ftp (.txt & .wp) is in directory \pub\Public_Notices\Miscellaneous. ***************************************************************** ******** FCC 95-386 Before the FEDERAL COMMUNICATIONS COMMISSION Washington, D.C. 20554 In the Matter of ) ) Sagittarius Broadcasting Corporation, ) Infinity Broadcasting Corporation ) of Pennsylvania, and ) Infinity Broadcasting Corporation ) of Washington, D.C. ) ) Licensees of Radio Stations ) WXRK(FM), New York, New York ) WYSP(FM), Philadelphia, Pennsylvania ) and WJFK(FM), Manassas, Virginia ) ) Forfeiture Order issued October 23, 1992 ) ) and ) ) Notice of Apparent Liability ) issued December 18, 1992 ) ) and ) ) Infinity Broadcasting Corporation, ) Sagittarius Broadcasting Corporation, ) Infinity Broadcasting Corporation ) of Pennsylvania, and ) Infinity Broadcasting Corporation ) of Washington, D.C. ) ) Licensees of Radio Stations ) WJFK(AM), Baltimore, Maryland ) WXRK(FM), New York, New York ) WYSP(FM), Philadelphia, Pennsylvania ) and WJFK(FM), Manassas, Virginia ) ) Notices of Apparent Liability ) issued August 12, 1993, ) February 1, 1994, ) and May 20, 1994 ) ORDER Adopted: September 1, 1995 ; Released: September 5, 1995 By the Commission: Chairman Hundt, Commissioners Quello, Ness, and Chong issuing separate statements. 1. Pending before the Commission are several enforcement proceedings relating to broadcasts aired by Infinity Broadcasting Corporation and its licensee subsidiaries ["Infinity"]. 2. The Commission and Infinity have reached an agreement which would terminate the Commission's proceedings. All of the terms and conditions are set forth in the attached Settlement Agreement. 3. We have reviewed the terms of the Settlement Agreement and evaluated the circumstances of the pending proceedings. We believe that the public interest would be served by approving the Settlement Agreement, the terms of which are incorporated herein by reference. 4. Accordingly, IT IS ORDERED that the Settlement Agreement attached to this Order IS ADOPTED, and that the General Counsel SHALL SIGN such Settlement Agreement on behalf of the Commission. 5. IT IS FURTHER ORDERED that all pending Notices of Apparent Liability against Infinity Broadcasting Corporation and its licensee subsidiaries ARE VACATED. This action includes the following proceedings initiated pursuant to 18 U.S.C. Section 1464 and 47 U.S.C. Section 503.: (a) the Notices of Apparent Liability issued on August 12, 1993, February 1, 1994, and May 20, 1994, in the aggregate amounts of $500,000, $400,000 and $200,000 to Infinity Broadcasting Corporation, Sagittarius Broadcasting Corporation, Infinity Broadcasting Corporation of Pennsylvania and Infinity Broadcasting Corporation of Washington, D.C., licensees of Radio Station WXRK(FM), New York, New York, WYSP(FM), Philadelphia, Pennsylvania, and WJFK(FM), Manassas, Virginia, respectively; (b) the Notice of Apparent Liability issued on December 18, 1992 in the aggregate amount of $600,000 to Sagittarius Broadcasting Corporation, Infinity Broadcasting Corporation of Pennsylvania and Infinity Broadcasting Corporation of Washington, D.C., licensees of Radio Station WXRK(FM), New York, New York, WYSP(FM), Philadelphia, Pennsylvania, and WJFK(FM), Manassas, Virginia. 6. IT IS FURTHER ORDERED that the pending Forfeiture Order against Infinity Broadcasting Corporation issued pursuant to 18 U.S.C. Section 1464 and 47 U.S.C. Section 503 on October 23, 1992 in the amount of $6,000 to Sagittarius Broadcasting Corporation, Infinity Broadcasting Corporation of Pennsylvania and Infinity Broadcasting Corporation of Washington, D.C., licensees of Radio Station WXRK(FM), New York, New York, WYSP(FM), Philadelphia, Pennsylvania, and WJFK(FM), Manassas, Virginia, IS VACATED. 7. IT IS FURTHER ORDERED that the Chief, Mass Media Bureau SHALL DISMISS, as to Infinity, pursuant to the terms of the Settlement Agreement, all pending complaints that either involve programming aired or originated by Infinity. FEDERAL COMMUNICATIONS COMMISSION William F. Caton Acting Secretary