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                     SEPARATE STATEMENT 
                 COMISSIONER KEVIN J. MARTIN
                         CONCURRING

Re:  Infinity Broadcasting Operations, Inc., Licensee of 
Station WKRK-FM, Detroit, Michigan, Forfeiture Order

     I am disappointed with today's decision. 

     I agree that Infinity Broadcasting Operations, Inc. 
violated our indecency rule during the broadcast of the 
``Deminski and Doyle Show'' on January 9, 2002.  As I noted 
when we issued the Notice of Apparent Liability, however, I 
believe the fine of $27,500 is inadequate, and therefore I 
concur in this Order.  

     As the attached Order explains, the indecent broadcast 
included conversations with nine callers over a 30-minute 
period.  I believe each of these 9 calls could be separate 
``utterances'' or ``material'' for purposes of the statute 
and our rules.1  Because of the extremely graphic, lewd and 
offensive nature of this broadcast, I would have applied the 
statutory maximum fine for each call, for a total of 
$247,500.  

_________________________

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'').