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 SEPARATE  STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Infinity  Broadcasting  Operations,  Inc.,  Notice  of  Apparent  Liability  for  Forfeiture 
 This  Notice  sends  the  unmistakable  message  to  Infinity  and  other  broadcasters  who  violate  our  indecency  rules:  We  are  stepping  up  our  enforcement.  Once  again,  we  give  fair 
 warning  that  the  Commission  can  and  will  avail  itself  of  a  range  of  enforcement  sanctions,  including  the  initiation  of  proceedings  that  could  result  in  the  revocation  of  these  stations’ 
 licenses.  I  will  not  hesitate  to  consider  such  revocation  proceedings  for  serious  violations  that  occur  after  the  explicit  notice  we  provided  in  April  in  WKRK-  FM,  another  case  involving 
 Infinity.  Similarly,  as  broadcasters  were  explicitly  notified  in  April,  I  will  also  support  on  a  going-  forward  basis  an  approach  that  treats  each  indecent  utterance,  such  as  distinct 
 conversations  or  program  segments,  as  a  separate  violation  under  our  rules.  This  will  substantially  increase  our  fines,  which  by  statute  are  capped  at  an  inadequate  level,  so  they  will  be 
 more  commensurate  with  the  offenses. 
 The  Commission  reached  the  obvious  conclusion  in  this  case  that  the  broadcast  material  was  indecent  and  Infinity  should  be  liable  for  the  full  statutory  maximum  forfeiture  amount.  It 
 took  far  too  long  for  us  to  reach  this  conclusion,  and  I  hope  we  will  act  more  swiftly  in  the  future  to  send  a  clear  message. 


 Infinity’s  actions  here  were  unquestionably  willful  and  egregious.  Program  hosts  Opie  &  Anthony  held  numerous  conversations  on  the  air  with  station  spotters  describing  and  encouraging 
 sexual  activity.  Station  and  program  employees  participated  actively  in  the  “Sex  for  Sam”  contest  by  planning  the  event,  arranging  the  spotters,  encouraging  the  most  provocative  locations 
 like  toy  stores  and  churches  likely  to  expose  innocent  children  and  worshippers  to  unwelcome  sexual  conduct,  and  instructing  the  contestants  to  go  inside  St.  Patrick’s  Cathedral.  These  callous 
 actions  show  a  high  degree  of  culpability  and  a  deliberate  attempt  to  heighten  the  shock  to  listeners.  They  clearly  offended  community  standards. 


 Unfortunately,  the  statutory  constraints  on  our  ability  to  level  fines  are  currently  inadequate,  as  the  low  fines  can  be  considered  by  broadcasters  as  a  cost  of  doing  business  and  not  a  serious 
 deterrent.  In  this  case,  a  fine  below  the  statutory  maximum  would  not  accurately  reflect  the  circumstances  and  Infinity’s  culpability.  I  believe  strongly  that  our  fines,  or  other  appropriate 
 enforcement  actions,  should  be  sufficient  to  deter  broadcasters  from  broadcasting  indecent  material  on  the  public’s  airwaves  at  a  time  when  children  are  listening.  Today’s  action,  while  an 
 important  step  in  that  direction,  must  be  followed  by  more  stringent,  swifter  and  stricter  enforcement  of  our  statutory  obligation  to  prevent  indecent  broadcasts  over  the  public  airwaves. 
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