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SEPARATE STATEMENT OF
COMMISSIONER JONATHAN S. ADELSTEIN
Re: Infinity Broadcasting Operations, Inc., Licensee of
Station WKRK-FM, Detroit, Michigan, Forfeiture Order
I strongly support the imposition of the statutory
maximum forfeiture amount against Infinity Broadcasting
Operations, Inc., licensee of station WKRK-FM, Detroit,
Michigan, for the willful broadcast of grossly indecent
language during the Deminski and Doyle show. The egregious
nature of the material broadcast clearly warrants the
statutory maximum fine.
In addition, as I stated in April, the Commission has
now given fair notice to broadcasters that it can and will
avail itself of a range of enforcement sanctions when
broadcasters violate our indecency rules. These sanctions
include the potential initiation of revocation proceedings
for serious, repeated violations of our rules. Broadcasters
are also on notice that the Commission may find them liable
for multiple violations that occur in a single program where
statements can be viewed as separate indecent utterances.
This approach could result in substantially higher
forfeiture amounts in the future.
I am disappointed that the licensee in this case
continues to challenge this sanction rather than accept
responsibility for such an extreme violation of our rules.