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CONCURRING STATEMENT OF
COMMISSIONER MICHAEL J. COPPS
Re: WQAM License Limited Partnership, Licensee of
Station WQAM(AM), Miami, FL, Notice of Apparent Liability
for Forfeiture
I concur in the decision to find these broadcasts
indecent in violation of the statute. I note that the
broadcaster in this instance claims that it has neither a
tape nor a transcript and that, without such a record, the
Commission cannot determine if the material violates the
statute. Many broadcasters have argued that the
Commission's proposal to require broadcasters to keep a tape
or transcript of what they air is unnecessary, yet this
broadcaster claims that such a record is necessary for a
finding of indecency. In this instance, the complainant was
able to provide a significant excerpt and I believe a case
could be made that there were separate indecent utterances
within these broadcasts.