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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).