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SEPARATE STATEMENT OF
COMMISSIONER KEVIN J. MARTIN
Re: Infinity Broadcasting Operations, Inc., Licensee of
Station WKRK-FM, Detroit, Michigan, Notice of Apparent
Liability for Forfeiture
I support this Notice's finding that the licensee apparently
violated our rule against the broadcast of indecent content,
but I would have proposed a higher fine. For instance, we
could have found that each time the show's hosts solicited a
new call on an indecent topic, the ensuing conversation
constituted a separate violation. As the Notice
acknowledges, we have the discretion to consider each
indecent utterance a separate violation.1
_________________________
1 See Notice at ¶ 12. See also 18 U.S.C. § 1864
(``Broadcasting obscene language. 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.'')