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                   CONCURRING STATEMENT OF
                COMMISSIONER KEVIN J. MARTIN


Re:  AMFM  Radio Licenses, L.L.C., Licensee  of Station 
WWDC(FM),  Washington, DC;  Clear Channel  Broadcasting 
Licenses, Inc., Licensee of Station WRXL(FM), Richmond, 
Virginia; Capstar  TX Limited Partnership,  Licensee of 
Station  WOSC(FM), Bethany  Beach, Delaware;  Notice of 
Apparent Liability for Forfeiture

     Consistent with my past statements, I believe we should 
be  fining broadcasters  on a  ``per utterance''  basis.1  I 
also believe that,  when determining the amount  of fine, we 
should take into consideration the circumstances and actions 
of  the particular  broadcaster.  Unlike  some broadcasters, 
Clear Channel  recently has  agreed to pay  an unprecedented 
fine, without  contest, for  past indecency  violations.  In 
addition, it has announced  a comprehensive policy to reduce 
the likelihood  that indecent broadcasts occur.   Indeed, it 
has already taken steps  to implement its ``zero-tolerance'' 
policy.  We also should take such steps into consideration.  
_________________________

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