FOR IMMEDIATE RELEASE March 5, 2004

NEWS MEDIA CONTACT: Janice Wise (202) 418-8165

Washington, D.C. - The Federal Communications Commission today issued an order summarily rejecting a petition filed by Infinity Broadcasting Operations, Inc., licensee of Station WKRK-FM, Detroit, Michigan, seeking reconsideration of a Commission Forfeiture Order imposing the statutory maximum forfeiture amount of $27,500 for willful violation of statutory and regulatory provisions that prohibit the broadcast of indecent material between 6 a.m. and 10 p.m. The forfeiture was based on material that aired on WKRK-FM's ``Deminski and Doyle Show.''

On December 8, 2003, the Commission issued a Forfeiture Order assessing the statutory maximum $27,500 forfeiture against Infinity for broadcast of indecent material. The Commission found that the broadcast included explicit and graphic sexual and excretory references, that the material was extremely lewd and vulgar, and that it was used to pander, titillate and shock. Thus, the Commission concluded that the material was indecent and warranted a significant sanction.

On January 7, 2004, Infinity filed a petition for reconsideration in which it again raised constitutional and other arguments that had been previously rejected by the Commission at the forfeiture order stage. The Commission summarily denied Infinity's petition as repetitive and held that the Forfeiture Order contained no material error or omission.

Action by the Commission, February 20, 2004, Memorandum Opinion and Order, FCC 04-34. Chairman Powell, Commissioners Abernathy and Adelstein. Commissioners Copps and Martin concurring and issuing separate statements. Commissioner Adelstein issuing a statement.

Enforcement Bureau contacts: Janice Wise (202) 418-8165 and Lisa Fowlkes (202) 418-7450.