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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”). 
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