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                    SEPARATE STATEMENT OF 
                COMMISSIONER KEVIN J. MARTIN

Re:  Infinity Broadcasting Operations, Inc., Licensee of 
Station WKRK-FM, Detroit, Michigan, Notice of Apparent 
Liability for Forfeiture

I support this Notice's finding that the licensee apparently 
violated our rule against the broadcast of indecent content, 
but I would have proposed a higher fine.  For instance, we 
could have found that each time the show's hosts solicited a 
new call on an indecent topic, the ensuing conversation 
constituted a separate violation.  As the Notice 
acknowledges, we have the discretion to consider each 
indecent utterance a separate violation.1




_________________________

1  See Notice at  12.  See also 18 U.S.C.  1864 
(``Broadcasting obscene language.  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.'')