Click here for Adobe Acrobat version
Click here for Microsoft Word version

Click here for Concurring Statement of Commissioner Michael J. Copps
Click here for Concurring Statement of Commissioner Kevin J. Martin
Click here for Statement of Commissioner Jonathan S. Adelstein

******************************************************** 
                      NOTICE
********************************************************

This document was converted from Microsoft Word.

Content from the original version of the document such as
headers, footers, footnotes, endnotes, graphics, and page numbers
will not show up in this text version.

All text attributes such as bold, italic, underlining, etc. from the
original document will not show up in this text version.

Features of the original document layout such as
columns, tables, line and letter spacing, pagination, and margins
will not be preserved in the text version.

If you need the complete document, download the
Microsoft Word or Adobe Acrobat version.

*****************************************************************



                           Before the
                Federal Communications Commission
                     Washington, D.C. 20554



In the Matter of                 )
                                )    NAL/Acct. No. 200532080012
VIACOM INC.                      )    FRN No. 0003612447
                                )
                                )    NAL /Acct. No. 
INFINITY RADIO INC.1             )    2001320800008
                                )    FRN No. 0003616588
Licensee of Station WLLD(FM),    )
Holmes Beach, Florida            )    Facility ID No. 18527
                                )
Forfeiture Order released March  )
2, 2001                          )
(DA 01-537)2                     )
                                )
INFINITY BROADCASTING EAST       )    FRN No. 0009225210
INC.3                            )
                                )    Facility ID No. 9618
Licensee of Stations WKRK-FM,    )    Facility ID No. 25442
Detroit, Michigan and WNEW(FM),  )
New York, New York               )
                                )    NAL/Acct. No. 200332080010
Forfeiture Order released        )
December 8, 2003 (FCC 03-302)4   )
                                )    NAL/Acct No.  200432080013
Notice of Apparent Liability 
for Forfeiture released March 
18, 2004 (FCC 04-49)5
                                )
                                )    NAL/Acct. No. 200232080012
                                )
Notice of Apparent Liability     )
for Forfeiture Released June 7,  )    NAL/Acct. No. 200432080004
2002 (DA 02-1336)6               )    FRN No. 0009225210
                                )
INFINITY BROADCASTING EAST       )    Facility ID No. 25442
INC.7                            )    Facility ID No. 28628
                                )    Facility ID No. 25458
Licensee of Stations WNEW(FM),   )
New York, New York               )    FRN No. 0003616588
WYSP(FM), Philadelphia,          )
Pennsylvania                     )
KYCY(AM), San Francisco,         )    Facility ID No. 53699
California                       )    Facility ID No.  47745
                                )    Facility ID No.  74473
INFINITY RADIO INC.8             )    Facility ID No.  64717
                                )    Facility ID No.  26926
Licensee of Stations             )
WBUF(FM), Buffalo, New York      )    FRN No. 002052751
KSFN(AM), North Las Vegas,       )
Nevada                                Facility ID No. 11273
WXTM(FM), Cleveland Heights, 
Ohio
WAZU(FM), Circleville, Ohio
KUPL(AM), Portland, Oregon 

INFINITY RADIO HOLDINGS INC.9  

INFINITY BROADCASTING              )    FRN No. 0001661032
CORPORATION OF DALLAS              )
                                   )    
Licensee of Station KLLI(FM), Dallas, Texas       )    Facility 
ID No. 1087
                                   )
INFINITY BROADCASTING              )
CORPORATION OF WASHINGTON, DC      )    FRN No. 0002147528
                                   )
Licensee of Station WJFK-FM, Manassas, Virginia   )    Facility 
ID No.  28625
                                   )
INFINITY RADIO HOLDINGS CORPORATION     )
OF ORLANDO                         )    FRN No.  0001800705
                                   )
Licensee of Station WCKG(FM), Elmwood Park,  )
Illinois                                )    Facility ID No.  
71283
                                   )
HEMISPHERE BROADCASTING            )    
CORPORATION                        )    FRN No. 0003617933
                                   )
Licensee of Station WBCN(FM), Boston,        ) 
Massachusetts                           )    Facility ID No.  
26897
                                   )
Notice of Apparent Liability for Forfeiture Released   ) 
October 2, 2003 (FCC 03-234)11                    )

                              ORDER

   Adopted:  November 9,  2004          Released:  November 23,  
2004

By the Commission:  Commissioners Copps and Martin concurring and 
issuing separate statements; Commissioner Adelstein issuing a 
statement.

     1.   The Commission has been investigating whether Viacom 
Inc. and its direct and indirect subsidiaries that hold FCC 
authorizations (collectively ``Viacom'')12 may have violated 
restrictions on the broadcast of obscene, indecent or profane 
material.13

     2.   The Commission and Viacom have negotiated the terms of 
the Consent Decree, a copy of which is attached hereto and 
incorporated by reference.

     3.   After reviewing the terms of the Consent Decree, we 
find that the public interest would be served by approving the 
Consent Decree and terminating all pending proceedings against 
Viacom relating to restrictions on the broadcast of obscene, 
indecent or profane material except for the Commission's Notice 
of Apparent Liability for Forfeiture, Complaints Against Various 
Television Licensees Concerning Their February 1, 2004 Broadcast 
of the Super Bowl XXXVIII Halftime Show, FCC 04-209, released 
September 22, 2004, which is expressly excluded from the scope of 
the Consent Decree. 14  Moreover, the Consent Decree leaves in 
place the general warnings to broadcasters set forth in 
paragraphs 12 and 13 of the Commission's Notice of Apparent 
Liability for Forfeiture, Infinity Broadcasting Operations, Inc. 
(WKRK-FM), 18 FCC Rcd 6915 (2003).15

     4.   Based on the record before us, in particular Viacom's 
admission that some of the material it broadcast was indecent in 
violation of 47 C.F.R.  73.3999, and the remedial efforts to 
which Viacom has agreed, we conclude that there are no 
substantial and material questions of fact in regard to these 
matters as to whether Viacom possesses the basic qualifications, 
including its character qualifications, to hold or obtain any FCC 
licenses or authorizations.

     5.   Accordingly, IT IS ORDERED, pursuant to Sections 4(i) 
and 503(b) of the Communications Act of 1934, as amended,16 that 
the attached Consent Decree IS ADOPTED.

     6.   IT IS FURTHER ORDERED that the Secretary SHALL SIGN the 
Consent Decree on behalf of the Commission.

     7.   IT IS FURTHER ORDERED that, except as noted in 
Paragraph 3 supra, the above-captioned Enforcement Bureau and 
Commission Notices of Apparent Liability for Forfeiture, 
Forfeiture Orders and Memorandum Opinions and Orders against 
Viacom regarding violations of 18 U.S.C. 1464 and 47 C.F.R.  
73.3999 ARE RESCINDED, VACATED and CANCELLED, all Enforcement 
Bureau investigations regarding possible violations by Viacom of 
18 U.S.C.  1464 and 47 C.F.R.  73.3999 ARE TERMINATED, and all 
third-party Complaints against Viacom for possible violations of 
18 U.S.C.  1464 and 47 C.F.R.  73.3999 pending before the 
Enforcement Bureau as of the date of the Consent Decree ARE 
DISMISSED WITH PREJUDICE, to the extent that they relate to any 
``Affected Licensee,'' as defined in the Consent Decree.


                         FEDERAL COMMUNICATIONS COMMISSION



                         Marlene H. Dortch
                         Secretary
                         CONSENT DECREE


I.   INTRODUCTION


     This Consent Decree is made and entered into by and between 
the Federal Communications Commission (``FCC'') and Viacom Inc., 
including its subsidiaries CBS Broadcasting Inc., UPN, and 
Infinity Broadcasting Corporation and their respective direct and 
indirect subsidiaries and affiliated entities which either hold 
authorizations for television and radio broadcast stations 
(individually referred to herein as a ``Viacom Station'') located 
throughout the United States or which distribute network or 
syndicated television and radio programming to broadcast stations 
(collectively, ``Viacom'').


II.  BACKGROUND


     1.   Viacom is subject to certain Forfeiture Orders issued 
          pursuant to Section 1.80 of the FCC's Rules involving 
          alleged violations of the Indecency Laws (collectively, 
          ``Forfeiture Orders'').

     2.   Viacom is subject to certain Notices of Apparent 
          Liability issued pursuant to Section 1.80 of the FCC's 
          Rules involving alleged violations of the Indecency 
          Laws (``NALs'').

     3.   Viacom (and certain affiliates of the CBS Television 
          Network and UPN) are subject to various Letters of 
          Inquiry from the Bureau involving alleged violations of 
          the Indecency Laws (``LOIs'').

     4.   Viacom (and certain affiliates of the CBS Television 
          Network and UPN) are subject to various pending 
          submissions at the FCC from third parties regarding 
          broadcasts that have not resulted in LOIs or have not 
          been acted upon by the FCC involving alleged violations 
          of the Indecency Laws (``Complaints''). 


III. DEFINITIONS


     5.  For the purposes of this Consent Decree, in addition to 
those terms defined above, the following definitions shall apply:

          (a)  ``Act'' means the Communications Act of 1934, as 
               amended, 47 U.S.C.  151 et. seq.

          (b)  ``Affected Licensee'' means:  1) all licensees 
               owned by Viacom; and 2) television licensees that 
               are affiliates of the CBS Television Network and 
               UPN, to the extent of their broadcast of 
               programming distributed by and over those two 
               networks.  

          (c)  ``Alleged Violations'' means any Complaint, LOI, 
               NAL or Forfeiture Order described in 
               ``Background'' above as well as any Complaint, 
               LOI, NAL or Forfeiture Order pertaining to alleged 
               violation of Indecency Laws by an Affected 
               Licensee which may be filed or initiated on or 
               before the Effective Date, with the exception  of 
               the Notice of Apparent Liability for Forfeiture 
               issued in Complaints Against Various Television 
               Licensees Concerning Their February 1, 2004 
               Broadcast of the Super Bowl XXXVIII Halftime Show, 
               FCC 04-209, released September 22, 2004) (the 
               ``Super Bowl NAL''), which Super Bowl NAL is  
               expressly excluded from the scope of this Consent 
               Decree. 
           
          (d)  ``Bureau'' means the FCC's Enforcement Bureau.

          (e)  ``Effective Date'' is the date on which the FCC 
               releases the Order.

          (f)  ``Final Order'' means an action by the FCC or by 
               its staff pursuant to delegated authority (i) 
               which has not been vacated, reversed, stayed, set 
               aside, annulled or suspended, (ii) with respect to 
               which no timely appeal, request for stay or 
               petition for rehearing, reconsideration or review 
               by any party or by the FCC on its own motion, is 
               pending, and (iii) as to which the time for filing 
               any such appeal, request, petition, or similar 
               document or for the reconsideration or review by 
               the FCC on its own motion under the Communications 
               Act of 1934, as amended, and the FCC's rules and 
               regulations, has expired.

          (g)  ``Indecency Laws'' means 18 U.S.C.  1464 and 47 
          C.F.R.   73.3999.

          (h)  ``Order'' means an order of the FCC or Bureau 
               adopting this Consent Decree.

          (i)  ``Parties'' shall mean Viacom and the FCC. 

IV.  AGREEMENT


     6.   Subject to the Order becoming a Final Order, Viacom and 
the FCC agree to be legally bound by the terms and conditions of 
this Consent Decree.

     7.   Viacom and the FCC agree that this Consent Decree is in 
the nature of a settlement of all issues relating to the Alleged 
Violations, does not constitute an adjudication of the merits of 
the matters focused upon in any of the Alleged Violations or any 
finding on the facts or law regarding any compliance or 
noncompliance by Viacom with the Indecency Laws; provided, 
however, that solely for the purpose of this Consent Decree and 
in express reliance on fulfillment of the FCC's commitments 
hereunder, Viacom admits that the broadcast material at issue in 
that certain Forfeiture Order relating to a broadcast on Station 
WKRK-FM, Detroit, Michigan on January 9, 2002 (Case No. EB-02-IH-
0109) and certain of the broadcast material at issue in the 
Alleged Violations is indecent in violation of 47 C.F.R.  
73.3999, assuming construction of this term as it is construed by 
the FCC as of the date hereof.  Notwithstanding any other 
provision of this Consent Decree, it is expressly agreed and 
understood that if this Consent Decree is breached by the FCC, or 
if any provision of the Consent Decree is invalidated or modified 
to Viacom's prejudice either by the FCC or by any court or 
legislative body, then in such event the admission in the 
immediately preceding sentence shall be of no force or effect 
whatsoever, and Viacom shall not, by virtue of such admission or 
any other provision of this Consent Decree, be deemed to have 
made any admission concerning any material broadcast on any 
Viacom station.  

     8.   In consideration of the actions of the FCC described in 
this Consent Decree, within thirty (30) days of the Effective 
Date, notwithstanding Paragraph 14 of this Consent Decree, Viacom 
will adopt and implement a company-wide compliance plan for the 
purpose of preventing the broadcast of material in violation of 
the Indecency Laws, and will keep such compliance plan in effect 
for three (3) years after the Effective Date:

          (a)       Viacom will purchase and install, for use in 
connection with its owned television stations and the CBS and UPN 
Television Networks, delay systems to be used in a reasonable, 
good faith effort to edit potentially problematic live 
programming.  Viacom will use these delay mechanisms in a 
reasonable good faith effort to delete material in violation of 
the Indecency Laws from such live programming. 

          (b)  Viacom will purchase and install audio delay 
               equipment, and institute independent editorial 
               controls, at its owned radio stations that air 
               live programming to edit potentially problematic 
               live programming.  Viacom will use these delay 
               mechanisms and editors in a reasonable good faith 
               effort to delete material in violation of the 
               Indecency Laws from such live programming.  

          (c)  All Viacom-owned radio and television stations 
               will be provided with a comprehensive Policy 
               Statement describing the FCC's rules, regulations 
               and policies regarding the Indecency Laws, which 
               shall include detailed descriptions of relevant 
               rulings.  Management of every Viacom-owned radio 
               and television station will be obligated to 
               distribute this Policy Statement to on air talent 
               and require talent to certify that they have 
               reviewed and understand the Policy Statement.

          (d)  Viacom's Policy Statements will be supplemented 
               periodically to reflect material developments in 
               the regulation of indecent programming, and 
               supplemental memoranda on indecency regulation 
               will be provided to radio and television station 
               management to insure their continuous familiarity 
               with ongoing developments with respect to the 
               Indecency Laws. 

          (e)  Viacom will also conduct training with respect to 
               the Indecency Laws for all of its on-air talent 
               and employees who materially participate in 
               programming decisions.  Such training will be 
               provided to all such Viacom employees within 
               thirty (30) days following the Effective Date.  
               This training will be provided to all such Viacom 
               employees promptly after they commence their 
               duties.  Refresher training will be provided to 
               all such Viacom employees at least once every 
               twelve (12) months.  

          (f)  If a Viacom-owned station receives a Notice of 
               Apparent Liability for a broadcast occurring after 
               the Effective Date which relates to violation of 
               the Indecency Laws, all employees airing and/or 
               materially participating in the decision to air 
               such material will be suspended and an 
               investigation will immediately be undertaken by 
               Viacom.  Such employees will be required to 
               undergo remedial training with respect to the 
               Indecency Laws and satisfy station management that 
               they understand such laws before resuming their 
               duties.  Upon resumption of duties following 
               remedial training, broadcasts involving such 
               personnel will be subjected to delay and will be 
               monitored by editors for content purposes.  Should 
               a Notice of Apparent Liability lead to a 
               Forfeiture Order which thereafter becomes a 
               forfeiture that may be used to Viacom's prejudice 
               within the meaning of Section 504(c) of the Act, 
               all employees airing and/or materially 
               participating in the decision to air the material 
               which is the subject of such a forfeiture will be 
               subject to further disciplinary action up to and 
               including termination.

     9.   Viacom will make a voluntary contribution to the United 
States Treasury in the amount of Three Million Five Hundred 
Thousand Dollars ($3,500,000.00) within five (5) days after the 
Order adopting this Consent Decree has become a Final Order.  
Viacom will make this contribution without further protest or 
recourse, by check or similar instrument, payable to the order of 
the Federal Communications Commission. The payment must include 
Acct. No. 200532080012 and FRN No. 0003612447. Payment by check 
or money order may be mailed to Forfeiture Collection Section, 
Finance Branch, Federal Communications Commission, P.O. Box 
73482, Chicago, Illinois  60673-7482. Payment by overnight mail 
may be sent to Bank One/LB 73482, 525 West Monroe, 8th Floor 
Mailroom, Chicago, Ilinois 60661. Payment by wire transfer may 
be made to ABA Number 071000013, receiving bank Bank One, and 
account number 1165259.

     10.  As part of the Order, the Commission shall rescind, 
vacate and cancel the Forfeiture Orders and NALs, shall terminate 
the LOIs, and shall dismiss with prejudice the Complaints as to 
any Affected Licensee, with the exception of the Super Bowl NAL, 
which is excluded from the scope of this Consent Decree and will 
remain outstanding. In addition, the Notice of Apparent Liability 
for Forfeiture in Infinity Broadcasting Operations, Inc. (WKRK-
FM), 18 FCC Rcd 6915 (2003) shall be rescinded, vacated and 
cancelled with respect to Infinity Broadcasting, as will any 
specific findings against it therein regarding the broadcast 
material at issue, but this Consent Decree shall not affect the 
general warnings to broadcasters set forth at paragraphs 12 and 
13 of that NAL, which warnings shall remain in effect.  The FCC 
shall also cause the Department of Justice to dismiss with 
prejudice its pending action to enforce the $7000 forfeiture 
imposed against Infinity Radio License, Inc., licensee of Station 
WLLD(FM), Holmes Beach, Florida (File No. 99090433).  From and 
after the Effective Date, the Commission shall not, either on its 
own motion or in response to any petition to deny or other third-
party objection, initiate any inquiries, investigations, 
forfeiture proceedings, hearings, or other sanctions or actions 
against any Affected Licensee, or any pending or future 
application to which an Affected Licensee is a party (including, 
without limitation, any application for a new station, for 
renewal of license, for assignment of license, or for transfer of 
control), based in whole or in part on (i) the NALs, (ii) the 
Forfeiture Orders, (iii) the LOIs, (iv) the Complaints, (v) any 
other similar  submissions alleging violation by any Affected 
Licensee of the Indecency Laws with respect to any broadcast 
occurring prior to the Effective Date, or (v) the allegations 
contained in any of the foregoing.  Without limitation to the 
foregoing, the FCC shall not use the facts of this Consent Decree 
or any provision hereof, the NALs, the Forfeiture Orders, the 
LOIs, the Complaints, any other similar submissions alleging 
violation by any Affected Licensee of the Indecency Laws with 
respect to any broadcast occurring prior to the Effective Date, 
or the underlying facts, behavior, or broadcasts that relate to 
any of the foregoing, for any purpose relating to any Affected 
Licensee, and shall treat all such matters as null and void for 
all purposes. 

     11.  In consideration of the actions taken pursuant to 
Paragraphs 8, 9 and 10, and in order to avoid the costs of 
litigation, Viacom and the FCC agree to the terms, conditions and 
procedures contained herein and contemplated hereby.

     12.  Viacom and the FCC agree that the FCC has jurisdiction 
over the matters contained in this Consent Decree and that the 
undersigned have authority to enter into this Consent Decree on 
behalf of Viacom and the FCC, respectively.

     13.  The FCC and Viacom hereby waive their right to seek 
judicial review of this Consent Decree/Order, or otherwise to 
contest or challenge their validity, provided that the Consent 
Decree is adopted without change, addition, or modification.

     14.  Viacom and the FCC agree that, with the exception of 
Viacom's adoption and implementation of a Compliance Plan 
pursuant to Paragraph 8 of this Consent Decree, which will occur 
within thirty (30) days of the Effective Date, the effectiveness 
of this Consent Decree is expressly conditioned upon issuance of 
the Order, and the Order becoming a Final Order, provided that 
the Consent Decree is adopted without change, addition, or 
modification.

     15.  Viacom and the FCC agree that in the event that this 
Consent Decree is rendered invalid in any material respect by any 
court of competent jurisdiction, it shall become null and void 
and may not be used in any manner in any legal proceeding.  The 
parties shall use their respective best efforts to preclude such 
judicial invalidation. 

     16.  If the United States on behalf of the FCC or Viacom 
should bring an action to enforce the terms of this Consent 
Decree, the parties agree that they will not contest the validity 
of the Consent Decree, they will waive any statutory right to a 
trial de novo with respect to any matter upon which the Order is 
based (provided in each case that the Order is limited to 
adopting the Consent Decree without change, addition, or 
modification) and they will consent to a judgment incorporating 
the terms of this Consent Decree.

     17.  Each party to this Consent Decree shall bear its own 
attorneys' fees and costs and Viacom agrees to waive any claims 
it may otherwise have under the Equal Access to Justice Act, 
Title 5 U.S.C.  504 and 47 C.F.R.  1.1501 et seq., relating to 
the matters discussed in this Consent Decree.

     18.  Viacom agrees that any material violation of this 
Consent Decree shall constitute a violation of an FCC order, 
entitling the FCC to exercise any rights and remedies attendant 
to the enforcement of an FCC order.

     19.  This Consent Decree represents the complete agreement 
between the parties to the Consent Decree and supersedes any 
other agreements, understandings and representations relating to 
the subject matter hereof, if any.  All rights and benefits 
described in this Consent Decree and accruing to Viacom shall 
also inure to the benefit of current or future Viacom-owned 
television and radio stations holding FCC authorizations and any 
broadcast networks or program suppliers owned by Viacom.  The 
Parties represent, warrant and agree that the provisions of this 
Consent Decree are binding on each of them in accordance with 
their terms, and that the signatories hereto have been authorized 
by the parties to execute this Consent Decree on their behalf.  
This Consent Decree may be signed in counterparts and may be 
amended only by a written instrument signed by all the parties 
hereto.

                    FEDERAL COMMUNICATIONS COMMISSION

     
                    By:                                     
                         Marlene H. Dortch
                         Secretary

                    
Date:____________________________________________      

                    VIACOM INC.


                    By:                                     
                          Mark Morril,
                           Vice  President  and  Deputy   General 
                    Counsel 

                    Date:                                        
 


                     CONCURRING STATEMENT OF 
                  COMMISSIONER MICHAEL J. COPPS

Re:  Viacom Inc.

     I concur in the decision to adopt this settlement agreement.  
As I have stated about previous consent decrees, however, I am 
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.   

     I would also sound a cautionary note that the Commission has 
gone down this road before with Infinity Broadcasting which is 
now part of Viacom.  At that time, the Commission praised the 
steps Infinity took to ensure compliance with the indecency laws.  
Yet, today, we are once again settling numerous indecency 
complaints against Infinity and its parent company, Viacom.  
Going forward, I urge my colleagues to accord prompt and vigorous 
attention to any future listener or viewer complaints against 
this licensee.  

                     CONCURRING STATEMENT OF 
                  COMMISSIONER KEVIN J. MARTIN


Re:  Viacom Inc. 

     Today, the Commission issues a consent decree with Viacom 
for several pending indecency complaints.  This consent decree 
differs significantly from others which we have recently reached 
involving indecency complaints.  For example, the consent decrees 
that we signed with both Clear Channel Communications and Emmis 
Communications - which were identical to each other - require 
more concrete actions to protect against and deter the airing of 
inappropriate material in the future.  By contrast, this consent 
decree does not have all of these protections.  I am concerned 
that this consent decree is significantly different and may be 
less of a deterrent for future violations.  Moreover, by 
requiring less of Viacom than we have required of others, we may 
be treating those other companies unfairly.  


                          STATEMENT OF
                COMMISSIONER JONATHAN S. ADELSTEIN


Re:  Viacom Inc.  


     I support today's action.  By admitting that certain 
broadcasts violated our indecency rules, by making a sizable 
contribution to the U.S. Treasury, and by entering into a 
company-wide compliance plan involving training, internal 
investigations and suspensions, and delay mechanisms, Viacom has 
renewed its commitment to prevent the broadcast of indecent 
material on its stations.  Faithful adherence to the compliance 
plan should obviate the need for Commission enforcement in this 
area.  Given Infinity Broadcasting's history with the Commission, 
we will expect strict adherence to today's agreement.  

     While this consent decree involves a number of matters 
concerning Infinity Broadcasting, CBS, UPN, and other Viacom 
entities, I am satisfied that the Bureau conducted preliminary 
investigations into each of those matters and understood the full 
extent of the possible violations and the suitability of the 
remedy.  

      

_________________________

1 Infinity Radio Inc. is the current licensee of Station 
WLLD(FM), successor-in-interest to Infinity Radio License, Inc., 
as the result of the grant of an application for approval of the 
pro forma assignment of the station's license on November 25, 
2003 (File No. BALH-20031110AHJ).  Each entity is a subsidiary of 
Viacom Inc.
2 Infinity Radio License, Inc. (WLLD(FM)), Forfeiture Order, 16 
FCC Rcd 4825 (Enf. Bur. 2001), recon. denied, Memorandum Opinion 
and Order, 17 FCC Rcd 18339 (Enf. Bur. 2002), review denied, 
Memorandum Opinion and Order, 19 FCC Rcd 5022 (2004), recon. 
denied, Memorandum Opinion and Order,  FCC 04-198 (rel. Aug. 23, 
2004).
3 Infinity Broadcasting East Inc. is the current licensee of 
Stations WKRK-FM and WNEW(FM), successor-in-interest to Infinity 
Broadcasting Operations, Inc., as the result of the grant of an 
application for approval of the pro forma assignment of these 
stations' licenses on November 25, 2003 (File No. BALH-
20031110AEK and BALH-20031110AEL).  Each entity is a subsidiary 
of Viacom Inc.
4 Infinity Broadcasting Operations, Inc. (WKRK-FM), Forfeiture 
Order, 18 FCC Rcd 26360 (2003), recon. denied, Memorandum Opinion 
and Order, 19 FCC Rcd 4216 (2004), further recon. denied, 
Memorandum Opinion and Order, FCC 04-226 (rel. Oct. 18, 2004). 
5 Infinity Broadcasting Operations, Inc. (WKRK-FM), Notice of 
Apparent Liability for Forfeiture, 19 FCC Rcd 5032 (2004).  On 
April 19, 2004, Infinity filed a response to the Commission's 
Notice of Apparent Liability, which proposed a monetary 
forfeiture penalty of $27,500.00 against it for willful violation 
of 18 U.S.C.  1464 and 47 C.F.R.  73.3999.
6 Infinity Broadcasting Operations, Inc. (WNEW(FM)), Notice of 
Apparent Liability for Forfeiture, 17 FCC Rcd 10665 (Enf. Bur. 
2002).  On July 29, 2002, Infinity filed a response to the 
Bureau's Notice of Apparent Liability, which proposed a monetary 
forfeiture penalty of $21,000.00 against it for willful and 
repeated violations of 18 U.S.C.  1464 and 47 C.F.R.  73.3999.
7 Infinity Broadcasting East Inc. is the current licensee of 
Stations WYSP(FM) and KYCY(FM), successor-in-interest to Infinity 
Broadcasting Operations, Inc., as the result of the grant of an 
application for approval of the pro forma assignment of these 
stations' licenses on November 25, 2003 (File Nos. BALH-
20031110AES and BALH-20031110ADL).  Each entity is a subsidiary 
of Viacom Inc.
8 Infinity Radio Inc. is the current licensee of Stations WBUF 
(FM), KSFN(AM), WXTM(FM), WAZU(FM), and KUPL(AM), successor-in-
interest to Infinity Broadcasting Operations, Inc., as the result 
of the grant of an application for approval of the pro forma 
assignment of these stations' licenses on November 25, 2003 (File 
Nos. BALH-20031110AGZ, BALH-20031110AFG, BALH-20031110AHY, BALH-
20031110AGW and BALH-20031110AFH).  Each entity is a subsidiary 
of Viacom Inc.
9 Infinity Holdings Inc. is the current licensee of Station 
KHWD(FM), successor-in-interest to Infinity Radio Subsidiary 
Operations, Inc., as the result of the grant of an application 
for approval of the pro forma assignment of the station's license 
on November 25, 2003 (File No. BALH-20031110AIW).  Each entity is 
a subsidiary of Viacom Inc.
11 Infinity Broadcasting Operations, Inc., Notice of Apparent 
Liability for Forfeiture, 18 FCC Rcd 19954  (2003).  On November 
12, 2003, Infinity filed a response to the Commission's Notice of 
Apparent Liability, which proposed a monetary forfeiture penalty 
of $357,500.00 against it and other affiliated licensees for 
willful and repeated violations of 18 U.S.C.  1464 and 47 C.F.R. 
 73.3999.

12  Each captioned licensee entity is a subsidiary of Viacom Inc.
13 18 U.S.C.  1464; 47 C.F.R.  73.3999.
14 See Consent Decree,  5(c), 10.  
15 See id,  10.
16 47 U.S.C.  154(i) and 503(b).