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                   CONCURRING STATEMENT OF

Re:  Emmis Communications Corporation

     Recently, when the Commission entered into a settlement 
agreement with Clear Channel Communications, I dissented 
because we had not investigated dozens of pending complaints 
or even sought information about those broadcasts as part of 
the settlement discussions.  Today, on the other hand, the 
Commission enters into a consent decree with Emmis 
Communications in which it has taken at least initial action 
on the pending citizen complaints.    

     I am, however, troubled by certain aspects of the 
settlement agreement.  I am most concerned about the effect 
of today's decision on the Commission's license renewal 
process.  The totality of a broadcasters' record is 
pertinent and should be considered when licenses are 
renewed.  Today's decision takes an entire part of the 
record off the table.  It is bad enough that our re-
licensing process has degenerated to the point where the 
Commission generally does not even look at a station's 
public file or inquire further into the station's service to 
its community unless a citizen of that particular community 
brings an issue to our attention.  Today, the Commission 
tells those citizens that some information is no longer 
relevant in evaluating a broadcaster's overall performance 
in its community.  If we are not actually changing the rules 
of the game, we are at a minimum sending a wrong and 
discouraging signal to those citizens upon whom we rely in 
implementing the law. 

     For the foregoing reasons, I only concur in this 
decision to settle pending indecency complaints against 
Emmis.  Going forward, I urge my colleagues to accord prompt 
and vigorous attention to any future listener complaints 
against this licensee.