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                     SEPARATE STATEMENT 
                 COMISSIONER KEVIN J. MARTIN
                         CONCURRING

Re:  Infinity Broadcasting Operations, Inc., Licensee of 
Station WKRK-FM, Detroit, Michigan, Forfeiture Order

     I am disappointed with today's decision. 

     I agree that Infinity Broadcasting Operations, Inc. 
violated our indecency rule during the broadcast of the 
``Deminski and Doyle Show'' on January 9, 2002.  As I noted 
when we issued the Notice of Apparent Liability, however, I 
believe the fine of $27,500 is inadequate, and therefore I 
concur in this Order.  

     As the attached Order explains, the indecent broadcast 
included conversations with nine callers over a 30-minute 
period.  I believe each of these 9 calls could be separate 
``utterances'' or ``material'' for purposes of the statute 
and our rules.1  Because of the extremely graphic, lewd and 
offensive nature of this broadcast, I would have applied the 
statutory maximum fine for each call, for a total of 
$247,500.  

_________________________

1  See  18 U.S.C.    1864  (``Whoever utters  any  obscene, 
indecent,   or   profane   language  by   means   of   radio 
communication shall be fined  under this title or imprisoned 
not more  than two  years, or both''),  47 C.F.R.   73.3999 
(``No licensee  of a  radio or television  broadcast station 
shall broadcast  on any day between  6 a.m. and 10  p.m. any 
material which is indecent'').