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 Federal  Communications  Commission  FCC  03-  302 
 SEPARATE  STATEMENT  OF  COMMISSIONER  JONATHAN  S.  ADELSTEIN 
 Re:  Infinity  Broadcasting  Operations,  Inc.,  Licensee  of  Station  WKRK-  FM,  Detroit,  Michigan,  Forfeiture  Order 
 I  strongly  support  the  imposition  of  the  statutory  maximum  forfeiture  amount  against  Infinity  Broadcasting  Operations,  Inc.,  licensee  of  station  WKRK-  FM,  Detroit,  Michigan,  for  the 
 willful  broadcast  of  grossly  indecent  language  during  the  Deminski  and  Doyle  show.  The  egregious  nature  of  the  material  broadcast  clearly  warrants  the  statutory  maximum  fine. 


 In  addition,  as  I  stated  in  April,  the  Commission  has  now  given  fair  notice  to  broadcasters  that  it  can  and  will  avail  itself  of  a  range  of  enforcement  sanctions  when  broadcasters  violate  our 
 indecency  rules.  These  sanctions  include  the  potential  initiation  of  revocation  proceedings  for  serious,  repeated  violations  of  our  rules.  Broadcasters  are  also  on  notice  that  the  Commission 
 may  find  them  liable  for  multiple  violations  that  occur  in  a  single  program  where  statements  can  be  viewed  as  separate  indecent  utterances.  This  approach  could  result  in  substantially  higher 
 forfeiture  amounts  in  the  future. 
 I  am  disappointed  that  the  licensee  in  this  case  continues  to  challenge  this  sanction  rather  than  accept  responsibility  for  such  an  extreme  violation  of  our  rules. 
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