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 Federal  Communications  Commission  FCC  03-  302 
 SEPARATE  STATEMENT  COMISSIONER  KEVIN  J.  MARTIN 
 CONCURRING 
 Re:  Infinity  Broadcasting  Operations,  Inc.,  Licensee  of  Station  WKRK-  FM,  Detroit,  Michigan,  Forfeiture  Order 


 I  am  disappointed  with  today’s  decision. 
 I  agree  that  Infinity  Broadcasting  Operations,  Inc.  violated  our  indecency  rule  during  the  broadcast  of  the  “Deminski  and  Doyle  Show”  on  January  9,  2002.  As  I  noted  when  we  issued  the 
 Notice  of  Apparent  Liability,  however,  I  believe  the  fine  of  $27,500  is  inadequate,  and  therefore  I  concur  in  this  Order. 


 As  the  attached  Order  explains,  the  indecent  broadcast  included  conversations  with  nine  callers  over  a  30-  minute  period.  I  believe  each  of  these  9  calls  could  be  separate  “utterances”  or 
 “material”  for  purposes  of  the  statute  and  our  rules.  1  Because  of  the  extremely  graphic,  lewd  and  offensive  nature  of  this  broadcast,  I  would  have  applied  the  statutory  maximum  fine  for  each  call, 
 for  a  total  of  $247,  500. 


 1  See  18  U.  S.  C.  §  1864  (“  Whoever  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”),  47  C.  F.  R.  §  73.  3999  (“  No  licensee  of  a  radio  or  television  broadcast  station  shall  broadcast  on  any  day  between  6  a.  m. 


 and  10  p.  m.  any  material  which  is  indecent”). 
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