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                   CONCURRING STATEMENT OF 
                COMMISSIONER KEVIN J. MARTIN

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

     As I have said repeatedly in this and other 
proceedings, I am disappointed that a majority of the 
Commission refuses to use the full extent of our statutory 
authority to fine broadcasters who violate the indecency 
laws.1   

     While I agree that Infinity Broadcasting Operations, 
Inc. violated our indecency regulations during the broadcast 
of the ``Deminski and Doyle Show'' on January 9, 2002, I 
continue to believe the fine of $27,500 is inadequate, and 
therefore I concur in this Order.  I would have found 
several violations within this program and assessed the 
statutory maximum for each violation, for a total fine of 
over $200,000.

_________________________

1 See, e.g., Infinity Broadcasting Operations, Inc., 
Licensee of Station WKRK-FM, Detroit, Michigan, Notice of 
Apparent Liability, 18 FCC Rcd. 6915, 6939 (2003) (Separate 
Statement of Commissioner Martin, urging the Commission to 
fine violators ``per utterance'').