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 NEWS  Federal  Communications  Commission  445  12  th  Street,  S.  W.  Washington,  D.  C.  20554  This  is  an  unofficial  announcement  of  Commission  action.  Release  of  the  full  text  of  a  Commission  order  constitutes  official  action.  See  MCI  v.  FCC.  515  F  2d  385  (D.  C.  Circ  1974).  News  Media  Information  202  /  418-  0500  Internet:  http://  www.  fcc.  gov  TTY:  1-  888-  835-  5322 
 FOR  IMMEDIATE  RELEASE:  March  18,  2004  NEWS  MEDIA  CONTACTS:  Janice  Wise  at  (202)  418-  7450 


 COMMISSION  PROPOSES  STATUTORY  MAXIMUM  FORFEITURE  OF  $27,500  AGAINST  INFINITY  FOR  APPARENT  INDECENCY  VIOLATION 
 Washington,  D.  C.  –  The  Federal  Communications  Commission  today  issued  a  Notice  of  Apparent  Liability  for  Forfeiture  against  Infinity  Broadcasting  Operations,  Inc.  for  apparently  willfully 
 broadcasting  indecent  material  in  connection  with  “The  Howard  Stern  Show”  on  WKRK-  FM,  Detroit,  Michigan.  The  Commission  proposed  the  statutory  maximum  forfeiture  of  $27,500  for  the 
 broadcast. 
 The  Commission  based  this  action  on  the  results  of  its  investigation  triggered  by  a  complaint  concerning  material  in  which  the  show’s  cast  discussed  sexual  practices  and  techniques. 
 Specifically,  the  Commission  found  that  the  broadcast  included  explicit  and  graphic  sexual  and  excretory  references.  In  addition,  the  Commission  found  that  this  material  was  lewd  and  vulgar, 
 and  that  it  appeared  to  have  been  used  to  pander,  titillate  and  shock.  Thus,  the  Commission  concluded  that  the  material  apparently  met  the  indecency  standard  and  warranted  sanction. 


 The  Commission  proposed  a  forfeiture  for  the  maximum  statutory  amount  due  to  Infinity’s  recent  history  of  the  airing  of  indecent  broadcasts. 
 Action  by  the  Commission  on  March  8,  2004  by  Notice  of  Apparent  Liability,  (FCC  04-  49).  Chairman  Powell;  Commissioner  Abernathy;  Commissioner  Adelstein  issuing  a  statement. 
 Commissioner  Copps  dissenting  and  issuing  a  statement.  Commissioner  Martin  concurring  and  issuing  a  statement; 


 Enforcement  Bureau  contact:  Janice  Wise  and  Lisa  Fowlkes  at  (202)  418-  7450. 
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