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 Federal  Communications  Commission  FCC  03-  233 
 Separate  Statement  of  Commissioner  Kevin  J.  Martin 
 Re:  AMFM  Radio  Licenses,  LLC,  Licensee  of  Station  WWDC-  FM,  Washington,  DC,,  Notice  of  Apparent  Liability  for  Forfeiture 


 I  support  the  finding  in  this  Notice  of  Apparent  Liability  that  the  licensee  apparently  violated  our  rule  against  the  broadcast  of  indecent  content,  but  I  would  have  proposed  a  higher  fine.  I  am 
 concerned,  for  example,  that  the  hosts  of  this  show  engaged  in  these  on-  the-  air  telephone  conversations  with  minors.  As  I  have  said  in  similar  cases,  we  could  have  found  that  each  time 
 the  show’s  hosts  started  talking  about  an  indecent  topic  or  had  a  separate  distinct  conversation,  the  ensuing  conversation  constituted  a  separate  violation.  1  In  prior  cases,  the  Commission  has 
 acknowledged  that  we  have  the  discretion  to  consider  each  indecent  utterance  a  separate  violation.  2 


 1  See  Separate  Statement  of  Commissioner  Kevin  J.  Martin,  Infinity  Broadcasting  Operations,  Inc., 
 Licsnesee  of  Station  WKRK-  FM,  Detroit,  Michigan,  Notice  of  Apparent  Liability  for  Forfeiture,  18  FCC  Rcd  6915  (2003)  (Infinity  Detroit  NAL). 


 2  Infinity  Detroit  NAL  at  para.  13  (clarifying  that  the  Commission  could  pursue  enforcement  action  for 
 each  indecent  utterance).  See  also  18  U.  S.  C.  §  1464  (specifying  that  “[  w]  hoever  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.”). 
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