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                    SEPARATE STATEMENT OF 
                COMMISSIONER KEVIN J. MARTIN

Re:  Clear Channel Broadcasting Licenses, Inc., Licensee of 
     Station WPLA(FM), Callahan, Florida, WCKT(FM), Port 
     Charlotte, Florida; Citicasters Licenses, L.P., 
     Licensee of Station WXTB(FM), Clearwater, Florida; 
     Capstar TX Limited Partnership, Licensee of Station 
     WRLX(FM), West Palm Beach, Florida, Notice of Apparent 
     Liability for Forfeiture

     I agree with this Notice's conclusion that the 
licensees at issue apparently violated our indecency rule 
and public file requirements. 

     I write separately to emphasize again that we could, 
and should, be placing higher fines on those who broadcast 
indecent programming during the hours when children may be 
watching or listening, in violation of our rules and 
statute.  The governing statute targets ``whoever utters'' 
indecent or profane language, and the Commission should not 
continue to treat an entire program full of indecent 
``utterances'' as just one violation.1  We should not 
continue to give a broadcaster who violates our indecency 
rule at the beginning of a program a ``free pass'' for the 
next two hours.  

     In this case, I would have found numerous violations, 
for a total indecency fine significantly higher than that 
proposed (it appears there were at least 49 indecency 
violations, for a total forfeiture exceeding $1,000,000).

_________________________

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'').